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·江西乐平死刑冤案-向最高人民检察院的申诉材料
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·法律人的尊严在于独立
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·听从正义和良知的呼唤——在北京市司法局关于吊销唐吉田、刘巍律师证的听证会上的代理意见
·一个思想实验:关于中国政治
·公民维权与社会转型(上)——在北京传知行社会经济研究所的演讲
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·“打死挖个坑埋了!”
·"A Hole to Bury You"
·谁来承担抵制恶法的责任——曹顺利被劳动教养案代理词
·国家尊重和保障人权从严禁酷刑开始
·分裂的真相——关于钱云会案的对话
·无国界记者:对刘晓波诽谤者的回应
·有些人在法律面前更平等(英文)
·法律人与法治国家——在《改革内参》座谈会上的演讲
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·茉莉:友爱的滕彪和他的诗情
·萧瀚:致滕彪兄
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·滕彪:被迫走上它途的文學小子/威廉姆斯
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·2011年十大法治事件(公盟版)
·Chinese Human Rights Lawyers Under Assault
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·【蔡卓华案】胡锦云被诉窝藏赃物罪的二审辩护词
·23岁青年被非法拘禁致死 亲属六年申请赔偿无果
·5月2日与陈光诚的谈话记录
·华邮评论:支持中国说真话者的理由
·中国律师的阴与阳/金融时报
·陈光诚应该留还是走?/刘卫晟
·含泪劝猫莫吃鼠
·AB的故事
·陈克贵家属关于拒绝接受两名指定律师的声明
·这个时代最优异的死刑辩词/茉莉
·自救的力量
·不只是问问而已
·The use of Citizens Documentary in Chinese Civil Rights Movements
·行政强制法起草至今23年未通过
·Rights Defence Movement Online and Offline
·遭遇中国司法
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·“颠覆国家政权罪”的政治意涵/滕彪
·财产公开,与虎谋皮
·Changing China through Mandarin
·通过法律的抢劫——答《公民论坛》问
·Teng Biao: Defense in the Second Trial of Xia Junfeng Case
·血拆危局/滕彪
·“中国专制体制依赖死刑的象征性”
·To Remember Is to Resist/Teng Biao
·Striking a blow for freedom
·滕彪:维权、微博与围观:维权运动的线上与线下(上)
·滕彪:维权、微博与围观:维权运动的线上与线下(下)
·达赖喇嘛与中国国内人士视频会面问答全文
·台灣法庭初體驗-專訪滕彪
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·The Confessions of a Reactionary
·浦志强 滕彪: 王天成诉周叶中案代理词
·选择维权是一种必然/德国之声
·A courageous Chinese lawyer urges his country to follow its own laws
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·对《集会游行示威法》提起违宪审查的公开建议书
·对《集会游行示威法》提起违宪审查的公开建议书
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·川妇因反抗家暴面临死刑 各界紧急呼吁刀下留人
·Activist’s Death Questioned as U.N. Considers Chinese Rights Report
·Tales of an unjust justice
·打虎不是反腐
·What Is a “Legal Education Center” in China
·曹雅学:谁是许志永—— 与滕彪博士的访谈
·高层有人倒行逆施 民间却在不断成长
·让我们记住作恶的法官
·China’s growing human rights movement can claim many accomplishments
·總有一種花將會開遍中華大地/郭宏治
·不要忘记为争取​自由而失去自由的人们
·Testimony at CECC Hearing on China’s Crackdown on Rights Advocates
·Tiananmen at 25: China's next revolution may already be underway
·宗教自由普度共识
·"Purdue Consensus on Religious Freedom"
·Beijing urged to respect religious freedom amid ‘anti-church’ crackd
·“中共难容宗教对意识形态的消解”
·非常规威慑
·许志永自由中国公民梦不碎
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Leaked Email: ABA Cancels Book for Fear of ‘Upsetting the Chinese Gov

   
   The American Bar Association insists the move was market-driven, but an employee email says otherwise.
   
   BY ISAAC STONE FISH
   Foreign Policy


   APRIL 15,2016
   
   
   Leaked Email: ABA Cancels Book for Fear of ‘Upsetting the Chinese Government’
   In December 2014, the publishing arm of the American Bar Association (ABA), the preeminent professional organization for U.S. lawyers, commissioned a book by Chinese rights activist Teng Biao. Provisionally entitled Darkness Before Dawn, the book was to paint a picture of China’s politics and society through “the shocking stories” of Chinese human rights lawyers, as well as through personal narrative, according to Teng’s book proposal, which he sent to Foreign Policy. Teng, pictured above, had moved to the United States in September 2014, as the situation for Chinese human rights lawyers was growing steadily worse. He took up a visiting fellowship at Harvard Law School, and began to reflect on his 11 years of experience as a Chinese human rights advocate. The book he planned to write would also have included his experience defending persecuted Chinese minorities; as the lawyer for Chen Guangcheng, the blind advocate who became famousafter taking shelter in the U.S. embassy in Beijing in April 2012; and the “kidnaps [sic] and torture” Teng experienced.
   
   But on January 28, 2015, Teng received an email from an employee of the ABA, a professional organization with nearly 400,000 members, one avowedly committed to “serving the legal profession,” according to its website. “I have some bad news,” wrote the ABA employee, whom Teng wished FP keep anonymous. “My publisher, after receiving some concerns from other staff members here about your proposed book, has asked me to rescind the offer that I had made for DARKNESS BEFORE DAWN on December 9th.” (Emphasis in original.)
   
   “Apparently, there is concern that we run the risk of upsetting the Chinese government by publishing your book,” the employee wrote“Apparently, there is concern that we run the risk of upsetting the Chinese government by publishing your book,” the employee wrote, “and because we have ABA commissions working in China there is fear that we would put them and their work at risk.” In the email, which Teng forwarded to FP, the employee wrote that “this has the potential to be an amazing book,” and offered to help Teng find another publishing house.
   “I was pretty shocked when I got that email. The ABA in the United States is a very influential organization,” Teng said in an April 13 interview. “Surprisingly, an organization this formidable still fears Chinese pressure.”
   
   
   
   Although it did not question the authenticity of the email, the ABA insists that it should not be taken at face value. In a statement, Robert T. Rupp, Associate Executive Director for the Business Services Group of the ABA, which oversees the ABA publishing, claimed that “the decision not to proceed with publication of the book Darkness Before Dawn was made for purely economic reasons, based on market research and sales forecasting conducted by the association’s publishing group.” Rupp, via an ABA spokesperson, declined to share any of the research or forecasting, stating that it was proprietary information. “Unfortunately, the reasons resulting in the decision were miscommunicated to Mr. Teng,” the statement continued. “We regret that Mr. Teng received erroneous information that did not reflect the views of the association or the process followed in evaluating his proposal. We sincerely apologize to Mr. Teng for this situation and are taking steps to ensure that it cannot occur again.”
   
   When presented with the ABA employee’s comments and the ABA statement issued in response, some China experts reacted with cynicism. “Rupp’s words seemed to me ‘weasel words,’ as my Dad used to call them,” said Perry Link, a professor emeritus at Princeton, who writes frequently on issues of Chinese censorship. “That their economic assessment of the market potential of the book did a 180-degree turn in a month or two is a highly implausible and patently ridiculous explanation,” Sharon Hom, the Executive Director of the NGO Human Rights in China, told me. “Who did they think would believe this?”
   
   Examples of self-censorship performed to avoid offending the ruling Chinese Communist Party are fairly common. But chatter about those incidents mostly fizzles out before they become public. “For every one case like this, there are hundreds where the issue doesn’t even come up, because the speaker is not invited, the book is not signed up, the program is not launched, the grant is not made, the visa is not given, you name it,” said Orville Schell, a longtime China journalist and now the Arthur Ross Director of the Center on U.S.-China Relations at the Asia Society. And seldom is there a paper trail. “It’s rare so far as I know for an institution to acknowledge that it is censoring itself out of fear of offending the Chinese authorities,” said Andrew Nathan, a professor of political science at Columbia University.
   
   The ABA employee’s email to Teng did not specify what “commissions working in China” might have been imperiled by publishing Teng’s book. But they may have included programs in the organization’s Rule of Law Initiative (ROLI), its international development arm, which has an office in Beijing. Since 2004, according to the ABA’s website, ROLI “has supported programs to increase Chinese capacity to advocate for citizens’ rights,” and runs well-respected programs inside China.
   
   This isn’t the first time that the ABA has encountered controversy in connection with its China programs. In summer 2015, after hundreds of lawyers and activists were detained across China, the ABA issued a statementon the crackdown that emphasized areas of cooperation between the ABA and its “Chinese partners.” In late 2015, Jerome Cohen, a prominent scholar on China’s legal system, wrote that the statement was “timid” and did not meet his standard “for what would have been appropriate.” And in a fall 2015 interview, Elisabeth Wickeri, an expert on Chinese human rights law at Fordham Law School in New York, told FP that she was “extremely disappointed” by the ABA statement on the crackdown in China.
   
   It’s unlikely that Teng’s book would have had a materially deleterious effect on ABA’s programs in China, according to the experts interviewed for this story. “I doubt the government would overreact to its publication to the extent of canceling ABA activities in China, which presumably are allowed to exist because the government sees some benefit in them,” said Nathan.
   
   Teng agreed. “China’s government knows that there is a free press in the United States,” he said. Then again, it’s impossible to predict how Beijing will react, which is one of the reasons self-censorship is so pernicious. “Even if there is a little bit of influence on [the ABA’s] programs in China,” Teng said, “sacrificing press freedom for this kind of self-censorship isn’t worth it.”
(2016/04/30 发表)
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