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August 20, 2008 2:08 PM

Protest Application a Sign of Progress?

I was talking last night about the news that China had denied every application to hold a protest here in Beijing when a friend posed an unusual question: was the fact that the Chinese were even allowing people to apply to protest a sign of progress?

I said no. Allowing foreigners to fill out a form requesting freedom of speech when it's clear that the application will be -- no matter what the circumstances -- denied isn't progress. Hypothetical freedom of speech isn't worth anything.

Technically, China's constitution does allow for freedom of speech, but it conflicts with a law here known as Article 105:

What it says: Criminalizes "organizing, scheming or acting to subvert the political power of the state and overthrow the socialist system" and "incitement to subvert the political power of the state and overthrow the socialist system by spreading rumors, slander or other means."

What it does: Although China's constitution ostensibly guarantees the right to free speech and expression, statutes such as this one allow the state to suppress all criticism. Subversion charges are a common fate for China's activist bloggers and journalists.

So here's where this country stands: China has freedom of speech and the freedom to protest. However, those rights can be restricted based on government policy.

In this system, could an application form to protest -- even if the applications have not and will not be approved -- actually be a step forward for China?

I'll open up the question to you in the comments.



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