After committing to posting more articles here I was managing to put some writing out into the ether with regularity, until….
…my second son arrived a couple of weeks earlier than expected! That, along with the reduction in free time that results, probably barely pass as adequate reasons for the transmission break.
At the time I was working on a piece about the proposed changes to the Racial Discrimination Act 1975 by the Australian Attorney-General and how the current law interacts with Freedom of Speech in the wake of the judgment in Eatock v Bolt. The project was becoming bigger than I expected which might have been noticed by my posting of two previously completed university articles.
I’m still researching for the piece, but may post a shorter version in the near future rather than one that includes significant detail about the philosophical basis of the right to freedom of speech, and where critics of such legislation as the Racial Discrimination Act 1975 say the extent of any curtailment of that right lies.
But for the moment, I’ll leave it to this observation:
Donald Sterling made racist remarks in a private telephone conversation which was recorded and leaked to the media. The result was his ban from the NBA for life and a fine $2.5M. Former player and current Mayor of Sacramento, Kevin Johnson, declared that it was message to all bigots that their bigotry will not be tolerated. This has occurred in a country where the right to freedom of speech is of much broader scope than in most countries, but where the general population (at least in this instance) sees the destructive impact on society that can brought about by its abuse.
Where the power of freedom of speech to shape society and empower people by allowing them to question traditional dogma and form their own views is used to defend speech which does nothing but harm others, a line is drawn. This line is built on the acquired understanding over time that unfettered speech used for an inappropriate purpose harms society and citizens, not enhance its aims and give freedom to its people.
Yet, freedom of speech is being used as the argument for why the Racial Discrimination Act should be repealed; it limits the ability of people to freely make racist remarks to the point of them being offensive, insulting, humiliating or intimidating where those remarks are not a fair comment done reasonably and made in good faith. All because a writer in a widely circulated newspaper wrote a number of articles attacking a group of people regarding their identification as Indigenous Australians in a completely misleading manner, and was ordered to publicly apologise. That and because, as Mr Brandis said, “People have the right to be bigots you know”.