Esther

For the Iran, Freedom of Expression series

Two of the first Iran-related books I read were Shirin Ebadi's memoir, Iran Awakening, and the PEN anthology of contemporary Iranian fiction and poetry, Strange Times, My Dear.  I was struck not only by the vision, sacrifice, and accomplishment of the authors, but also by the long and tortuous journey their works had taken to reach me.

In Iran, according to Iran's recent report to the UN Human Rights Council, articles 24, 168, and 175 of the constitution address freedom of expression, specifically in regard to the press, radio, and television, and specifically in regard to consistency with "Islamic principles" and "the rights/best interests of the public."  According to the UN Special Rapporteur on freedom of opinion and expression, "there is in practice, systematic repression of any expression in the press criticizing the establishment, particularly religious authorities, or calling for reform. … [W]riters and artists [are] subjected to censorship, as all works of art must obtain prior authorization from the Ministry of Islamic Guidance and Culture."  (Writer Ghazi Rabihavi fictionalizes an encounter with the Ministry here.)

In the US, the First Amendment establishes that "Congress shall make no law … abridging freedom of speech."  There are certain exceptions, but the First Amendment remains perhaps the strongest legal defence of free speech in the world.  When, in the mid 2000s, Iran Awakening and Strange Times, My Dear were proposed for US publication, you might think that the First Amendment would have embraced them.  But no.  Apparently, some speech was freer than others.  And apparently, if you were Iranian (or Cuban or Sudanese), even if you were a Nobel laureate, your work could be considered not free speech, but a "prohibited transaction."

At issue was a US Department of the Treasury, Office of Foreign Asset Control (OFAC) regulation.  Further to US trade sanctions against certain countries, the regulation prohibited the development, revision, and marketing by US nationals of works by those countries' nationals without prior licence from OFAC.  Shirin Ebadi's memoir, being developed with a literary agent, and the PEN anthology, being excerpted, translated, prefaced, and otherwise "revised," appeared to be headed for a similar destiny to The Buena Vista Social Club soundtrack.  OFAC fined its US collaborator $25,000.

US publishers, including the PEN anthology's publisher, Arcade, and the PEN American Center sued to have the OFAC regulation struck down as contrary to the First Amendment and related Congressional amendments to trade sanctions legislation.  Shirin Ebadi followed suit shortly thereafter.  Eventually, OFAC dropped the prior licence requirement, the cases settled, and the works went to publication.  As far as I know, Iran Awakening and much of the PEN anthology have not yet been (legally) published in Iran.

I support freedom of expression in Iran because:
• whether we grew up with Donne or Sa'adi, we are pieces of the same continent and limbs of the same body
• whether we are writers, readers, or lawyers, we share the power of words
• whether we live in an Islamic or a secular republic, freedom of expression is our right and responsibility, to use, to abuse, or to lose to government propaganda and censorship
• if Iranians can support my freedom to read them in my language, in my country, how can I but support their freedom to express themselves, to read and be read in their own language, in their own country?