UPDATE: Reflections on the “Hipster Hitler” Saga: Lawyers, Censorship and Professional Ethics

Bubble Trouble
The Hipster Hitler controversy began when we reported that ABL had severed its relationship with Red Bubble, over allegations that it was selling merchandise which could be interpreted as condoning or promoting Nazism or anti-semitism. ABL advised that it had already ceased acting for Red Bubble some time prior to the publication of our post, though it is unclear whether it is because Red Bubble continues to sell Hipster Hitler merchandise.

Since then, we’ve been astounded by the level (and, with a few exceptions, the quality) of discussion and debate in the comments to the original story.  Some very interesting arguments have been taking place, and although it strays a little beyond Firm Spy’s core mandate as a professional services watchdog, we are glad to have provided a level forum for discussing the issues, which, judging from some comments, could not be discussed on Red Bubble itself.

We’ve made clear that we find the Hipster Hitler merchandise offensive and distasteful.  But we recognise from the comments that some (a vocal minority) feel differently.

To continue the debate, we put some probing questions to the Hipster Hitler creators themselves, and then to Martin Hosking of Red Bubble, to see what they had to say in its defence.

FS: Do you accept that there is a difference between the HH cartoon and the t-shirts sold in isolation?

Yes. Almost anyone would agree that there is a difference between a cotton t-shirt and a webcomic. We tried washing our comic once and had to buy a new laptop, even that [sic] we used fabric softener and cold wash.

FS: If so, do you think an objective viewer of HH merchandise on the street who sees the t-shirts out of the context of the HH comic, would fail to see the satire/parody in the merchandise?  If they fail to see the satire/parody given the lack of HH comic context, do you think the objective viewer would consider t-shirts like: “Fear & Loathing in Laskarzew”; or “Back to the Fuhrer”; or “1941 – a Race Odyssey” as pandering to Neo-Nazi ideology?

Once again, there is no way of knowing this. How can we hypothesize on what others may or may not be thinking?

When we pun visually as well as verbally on a pop culture reference that is widely known (like Back to the Future) we are fairly certain that an objective person can recognize the pun and not fail to miss the satirical nature of it. To the best of our knowledge, puns have never been popular as a form of hate speech.

FS: Do you accept that there are openly antisemitic people (or “traditional” Neo-Nazis) who wear HH merchandise? Does this trouble you?

We would if there were any clear and indisputable evidence of such a thing. But there isn’t.

FS: Do you consider there is a risk that HH merchandise is actually creating a new form of Neo-Nazism by reframing Hitler/Nazism in a brand-new, “chic” hipster manner?

No, we don’t consider that any sort of possibility. They’re t-shirts based on a mid-tier webcomic; you might be giving it a bit too much credit. We’ve always made our intentions and ideology clear on our site, disclaimer, redbubble profile and facebook profile. Those twisted minds who willfully misinterpret and deliberately twist artistic works to fit into their hateful ideologies and seek to use it as an excuse it for their diabolical actions, we believe will appropriate any and all, perfectly legitimate forms of art to justify their behaviour, thoughts and actions.

FS: We have been advised that HH makes between $5000USD and $10000USD weekly. Is this true?

Those are widely exaggerated figures! We question the credibility of your source’s access to this information given that we haven’t sold 5000 t-shirts in total, let alone make USD $5,000 a week. When in fact, we receive about USD $1,500 A MONTH which is divided equally between the two of us.

FS: Have you considered directing your energies into creating a less controversial t-shirt range?

The t-shirts are born out of the comic, and not the other way around. We like writing the comic.

We’ll let you be the judge of how much this adds to the debate.  Here’s what Martin Hosking had to say:

these issues are among the more important in our discussions with representatives of representatives [sic] of the Jewish community. This conversation is friendly and productive.  There are also complex issues at play.  The right to free speech is a bedrock of our democracy and of creative freedom and any decision to censor has to be taken mindfully and with great care.  We are working with these peak organisations to craft a solution which balances the right to free expressions against the legitimate restrictions on it.  Along with these organisation we don’t believe a knee jerk response is appropriate given the critical importance we attach to freedom of expression within legitimate boundaries.

I am not going to comment on individual T-shirts while our discussions are in progress.  As a general comment the case for censorship has to be strong.  Assuming the work is legal, which nobody has disputed, then a decision to censor has to be made.  The onus of proof is on those who would censor (and I assume you have placed yourself in this camp) not  those who support free speech.  For this reason the issue needs to be very carefully looked at not simply responded to reflexively.  If you have material that supports your contention … then I would be very happy to receive it.
After September 11 on return to Australia I decided to become involved in the Australian Arabic Council primarily out of concern for the nature of the relationship between the Arab world and the West. This remains a concern of mine (although I am no longer a member of the AAC). As a member of the AAC I commented on a range of issues including racial profiling (against), the arrests of terror suspects (which we supported) and Palestinian human rights. I have also in various capacities supported refugees, inter-faith dialogue, Amnesty International and range of other social justice cause. And yes I do think my involvement in these issues over many years helps me to look at the issues raised [in this debate].  I know what societies without creative freedom look like (from Burma, to Syria, Iraq and Libya).  Silencing the arts is the first step of the dictator (including Hitler) so it is not a step that should be taken lightly or in an ill-considered fashion.

In a subsequent email to us, Hosking continued to defend his anti-censorship stance and provided a further example:

To give but one example one of the T’shirts you believe should be censored is “Fear & Loathing in Laskarzew” points to an event which is barely remembered. I doubt 99.9% of people would have heard of Laskarzew and this is the real tragedy. A T-shirt that said “Fear & Loathing in Srebnica” would appear to me as a useful reminder that genocide continues and forgetting this is of great concern.
Your comment that we have taken an “almighty stand for a few grand” is indeed correct. At stake here is not money but some fundamental values. We have a genuine commitment and belief in the value that art provides and that controversial art (and speech) should not be arbitrarily censored. I am a little surprised that a site like FS does not share such a value.
We can hear the arguments on the other side and the passion that is involved and we recognise legitimate limitations on freedom of expression. But arbitrary or capricious censorship is not the way. This is (perhaps ironically in this case) the path to tyranny. And there are always those who will put a strong case for censorship on particular topics. Artists from Van Gogh to Robert Mapplethorpe have been censored in the past.

Clearly, there are some complex issues at play here.  “Censorship” is a word which evokes images of state suppression, the villification of minorities and reductions in freedom.   But we think it’s important to distance state censorship (what can and can’t, legally, be said) from corporate policies which dictate what is and is not acceptable in a community (on the internet or otherwise).  We have policies on FS about comments and content, and we try to enforce them.  Sometimes this means removing a hateful or defamatory comment.  We think it’s wrong to lump this type of content policy into the same category as a law which prohibits certain forms of expression (such as state criticism) as such.

Suffice to say, we agree with many of Mr Hosking’s arguments against “arbitrary or capricious censorship”, but we don’t think they have much bite in such a clear-cut case as this.  There are no “fundamental values” at stake in t-shirts popularising Hitler and Nazism.  We’d mention at this point that some of the most open and creative European societies have laws which prohibit Nazi propaganda in all its forms.  These t-shirts would almost certainly be “censored” — in the traditional sense of that word — in countries like France, Austria and Germany.  Yet we don’t see the kinds of harms occurring which Mr Hosking fears.

Enter (and exit) Allens Arthur Robinson

One spy forwarded us a response she received from Michael Rose, Chief Executive Partner at Allens Arthur Robinson, confirming that the firm has no relationship with Red Bubble:

Dear [name]

Thank you for your email. I have carefully considered the issues raised in it and respond as follows.

1. Until receiving your email, I was unaware of RedBubble.

2. This firm has no relationship with RedBubble.

3. Contrary to the assertion in your [date] May email to Michael Robinson, Mr Robinson is not an employee of this firm, he is merely a Consultant.

4. Mr Robinson is a member of the board of a company that is entirely separate to RedBubble. He sits on that board in a personal capacity and in no way represents this firm in that role.

5. These circumstances do not amount to this firm endorsing or condoning any activity of RedBubble.

7. The firm is unable to disassociate itself from something with which it is not associated.

Regards

Michael

Michael Rose | Chief Executive Partner

Allens Arthur Robinson

Deutsche Bank Place 126 Phillip Street | Sydney 2000 | Australia
t +61 2 9230 4023 m +61 414 223 306

What has all this got to do with Allens, you might ask?  Nothing, we think.  Except that (duh-duh-duh) Martin Hosking, CEO of Red Bubble, is also a director of Aconex, at the centre of the Allensgate stink.  Hence why our spy presumably sought to clarify the firm’s stance to one of his other companies.  Well, we’re glad Allens has nothing to do with this one!  The firm has had enough scandal to last this (financial) year.

Who is Hipster Hitler?

This is where things get interesting.  We received this tip late last week:

Thank you so much for writing the article about Redbubble. It is appalling what they are defending and profiting from. You have served the community well, and I applaud you for that. …

Firstly, I would like to remain completely anonymous with the information I would like to share with you.

I have been following your article regarding Redbubble’s former lawyers dropping Redbubble as a client over the Hipster Hitler materials.

I have some information that I would like to expose, but I do not know how to do it in a way that is not going to put me under possible threat or harm.

Around May 12th – 15th 2011, I stumbled across a smaller Hipster Hitler Facebook fan page [ed: since deleted] where I read a comment written by a [redacted].

Below is the comment I copied from that page:

“[redacted]
THEY DON’T REICH US: THE END OF AN ERA

Well volks,

They’ve done it. Facebook has realized we’re far too underground for its stupid mainstream tastes and deleted our fan page. They have deemed it “offensive” to even mention Hitler’s name, even if it is to lampoon and satirize him. We’ll miss having facebook fans, and while we might make a JC + APK fanpage (no, seriously), for now please follow us on twitter (@hipsterhitler) or subscribe to our RSS feed. Oh, and feel free to share as many of our comics as you feel necessary on facebook, for nostalgia’s sake. Stick it to the man, guise.

Keep it authentic,

JC + APK”

Isn’t it interesting that Facebook – the world’s largest and most popular website – deems the content offensive, but not Red Bubble.

The [redacted] person seems, from our research, to point to a former publisher of German heavy-metal rock music living in Oakland, CA, whose Facebook interests include “Soviet Russia” and can be seen in one profile picture wearing what appears to be a HH t-shirt.  We haven’t posted his name for the moment, because (a) we can’t think of a way to positively verify this information, and (b) until that time, we believe in his right to privacy — or, at least, to step forward on his own terms.  The FS team thought about this one long and hard, but we’ll wait to hear your ideas in the comments.

Anyway, our anonymous spy continues:

I am certain that this is one of the creators behind Hipster Hitler, who goes by the initials JC & APK. (… I am quite certain that JC is [redacted])

I am not sure what I should do with this information, but I am eager to share it with someone in an appropriate and safe manner.

And in that spirit we pass it on.

We’re not convinced that the Facebook posting is authentic, or means what our spy thinks it means.  Unless “JC” made a major screwup (perhaps accidentally cross-posting under his personal FB account) and then deleted the post, it seems more likely to be a pseudonym, or perhaps just the [redacted] guy reposting another post by JC.  Moreover, it smells a bit suspect to be contacted after the recent saga by a spy who is adament that “[redacted]” is behind the Hipster Hitler merchandise, but without any smoking gun evidence.  Can you find anything we’ve missed?  Over to you.

———-

UPDATE:

On Saturday 4 June 2011, Red Bubble temporarily removed the Hipster Hitler t-shirt range from sale. Mr Hosking made the following comment:

Pending final outcome of our discussions with a range of organisations (including the Anti-Defamation Commission) we have decided to moderate a range of controversial work on the site related to portrayals of Hitler, the Holocaust and related events.

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