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List:       dmca-discuss
Subject:    Re:  [DMCA_discuss] [web-law] Canadian Flag Censorship
From:       "James Brim" <James_Brim () Milton ! Edu>
Date:       2002-01-19 15:04:24
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fun from the local canadian in my dorm. 
Dear James,
I don't know if you were interested, or fi someone sent it to you, or if
I'm supposed to send this somewhere, but here's what I think.
	Thank you for the e-mail regarding this issue.  I am always interested in
hearing about Canadian current events, whether they involve conflict or
not.  I am going to, for a very simple reason, endorse the Canadian
government on this issue.  Now, I do not pretend to know much about
"FORCES Canada."  At first, I thought it was an unofficial military
website.  Apparently it has something to do with smoking.  I can't check
the internet because it is shut off in the dorms at this hour, but here is
what I think.
	The Canadian Maple Leaf flag is a trademark of the Government of Canada. 
Part of the reason for this, I would guess, is that all of the Government
institutions, of which there is a larger percentage in Canada than the
U.S. due to Canada's semi-socialist policy, have the Canadian flag as
their visual trademarks with the name of the official organization printed
to the left of it.  This applies to every official department of the
governmant, on all its' websites, its' handouts and so on and so forth. 
Now, since the flag is a trademark of the Government of Canada, it is
understandable to me that it would not want the flag on a website that
does not represent its' policies, or ideals.  Perhaps this is a
declaration of non-support for the tabacco and smoking industry.  Maybe
the Government does not want to be associated with this site.  I'm not
sure how or where the flag was positioned on the website, but it is
possible that the flag was positioned or sized in a way that it would be
on an official Government site so that it was made to look like a
Government site.  That is complete speculation, however.  Whatever it was,
I know that not every organization has been ordered to remove the Canadian
flag from its' website, so this is not a possessive, "we own the flag"
act.  There had to be something wrong with how they were employing the
flag, or for what purpose it was being employed.  
	I would like to end by pointing out that if indeed the Flag is a
Government trademark, than it is the Government's right to "censor", as
someone called it, its' use.  Would you want your country's flag used to
represent something your country does not represent?  Furthermore, I think
sometimes we get too caught up in the American idea of individual rights
and "protection from government oppression."  Canada does not operate in
the same way as the U.S.  In the semi-socialist democracy that Canada has
become, the good of the community is sometimes stressed before that of the
individual.  The implied argument this flag "censorship" endangers the
flag in the domain of souvenirs and commercial use is irrelevant.  The
Government is not going to stop people from selling Canadian flag
stickers.  But they will stop people from misrepresenting the country with
the improper use of the flag.  Is it not illegal in the U.S. to burn an
American flag?  Is that not a form of censorship?  If the flag is your
property, then why can't you burn it?  The answer is because, one, flags
are meant to show support for whatever is represented by it, and two, it
is misrepresentative of the country and citizens of the country whose flag
you're burning.  And, it is also a sign of disrepect for the laws and
governing body, and ultimately, in a democracy, the will of the majority
of the people.  And furthermore, I have yet to see proof that the Canadian
Government has invested in "corrupt science" and so on and so forth.  It
has also clearly  (not to the best of its' ability, but still) shown that
it will support informing people on smoking.  There is a Surgeon General's
Warnng about the effects of smoking and its' risks on every packet of
cigarrettes in Canada.  People should also learn to take it upon
themselves to investigate what they're getting into.  It's time for us to
stop being lazy and giving the government OUR parental responsibilities.
	I thank you again for the e-mail.
Sincerely,
	Jonathan Klinkhoff    

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