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We shouldn’t look to a state that entrenches racism to legislate against it We shouldn’t look to a state that entrenches racism to legislate against it
(5 months later)
As an atheist Jew, I find it distinctly uncomfortable to defend the free speech rights of As an atheist Jew, I find it distinctly uncomfortable to defend the free speech rights of Holocaust deniers. I utterly oppose the inaccuracy, hatred and intolerance that goes with refuting the reality of Nazi crimes against Jews, gay people, Gypsies and many others.
Holocaust deniers. I utterly oppose the inaccuracy, hatred and But a truly free society is one that tolerates and encourages strong exchanges of ideas. This includes the most abominable of them, such as those expressed by German born, Australian-citizen, Holocaust denying Frederick Tobin, a regular bogeyman wheeled out to justify laws against offensive thoughts.
intolerance that goes with refuting the reality of Nazi crimes against Jews, gay people, Gypsies I fundamentally share the view expressed by Noam Chomsky that “acceptable speech” should never be decided by the state, because we "don't want them to have any right to make any decision about what anybody says.” As a result, “a lot of people are going to say things that you think are rotten, and you're going to say things that a lot of other people think are rotten.”
and many others.
But a truly free society is one that tolerates and
encourages strong exchanges of ideas. This includes the most abominable of them, such as
those expressed by German born, Australian-citizen, Holocaust denying Frederick
Tobin, a regular bogeyman wheeled out to justify laws against
offensive thoughts.
I fundamentally share the view expressed by Noam Chomsky that “acceptable speech” should never be decided by the state, because we "don't want them to have any right to
make any decision about what anybody says.”
As a result, “a lot of people are going to say things that you think are rotten,
and you're going to say things that a lot of other people think are rotten.”
Australian academic Clinton Fernandes furthers this argument:Australian academic Clinton Fernandes furthers this argument:
One of the most One of the most important points in any discussion about the right of free speech is this: the defence of a person's right to express certain views is independent of the views actually expressed. Thus, one might defend Salman Rushdie's freedom to write The Satanic Verses without agreeing with the content of that book – or even needing to read it.
important points in any discussion about the right of free speech is this: the These issues have all been thrust back into the public spotlight with the Australian government’s desire to amend the Racial Discrimination Act (RDA) to, in their view, expand free and often inflammatory speech. Attorney general George Brandis said last week that, “it is not, in the government's view, the role of the state to ban conduct merely because it might hurt the feelings of others.”
defence of a person's right to express certain views is independent of the Tellingly, Brandis has also arguably given the green light for intolerance when he said that people "do have a right to be bigots". Surely the role of any responsible government is to condemn and fight hatred, rather than encourage it.
views actually expressed. Thus, one might defend Salman Rushdie's freedom to The response from the vast bulk of the left to the RDA alterations has been horror and opposition. Minority groups are outraged. The Labor party doesn’t support the changes and leader Bill Shorten has urged the Jewish community to lobby hard against the amendments (a request he would probably not make to other, equally affected communities because of the power of Australian groups backing Israel in influencing both major sides of local politics).
write The Satanic Verses without agreeing with the content of that book – or even needing to
read it.
These issues have all been thrust back into the
public spotlight with the Australian government’s desire to amend the Racial Discrimination Act (RDA) to, in their view, expand free and often inflammatory
speech. Attorney general George Brandis said last week that, “it is not, in the government's view, the
role of the state to ban conduct merely because it might hurt the feelings of
others.”
Tellingly, Brandis has also arguably given the green light for intolerance when he said that people "do have a right to be bigots". Surely the role of
any responsible government is to condemn and fight hatred, rather than encourage
it.
The response from the vast bulk of the left to the RDA
alterations has been horror and opposition. Minority groups are outraged. The Labor party doesn’t support the changes and leader Bill
Shorten has urged the Jewish community to lobby hard against the amendments (a request he would probably not make to other, equally affected communities because of the power of Australian groups backing Israel in influencing both major sides of local politics).
The Zionist establishment, long-time backers of the RDA, have written thousands of words in opposition to the government's proposed changes, but the irony shouldn't be lost on us. This is coming from individuals and organisations that routinely petition politicians and media organisations to erect tightly controlled limits on so-called acceptable talk around Israel and Palestine, illegal West Bank colonies and the boycott, divestment and sanctions movement. They rarely have any complaints when anti-Muslim or anti-Palestinian sentiment is floated in the press.The Zionist establishment, long-time backers of the RDA, have written thousands of words in opposition to the government's proposed changes, but the irony shouldn't be lost on us. This is coming from individuals and organisations that routinely petition politicians and media organisations to erect tightly controlled limits on so-called acceptable talk around Israel and Palestine, illegal West Bank colonies and the boycott, divestment and sanctions movement. They rarely have any complaints when anti-Muslim or anti-Palestinian sentiment is floated in the press.
Unlike those groups, I welcome a robust Unlike those groups, I welcome a robust discussion over the limits, intent and interest of the state in trying to restrict the most offensive speech imaginable – although I do have some misgivings.
discussion over the limits, intent and interest of the state in trying to I share some of the concerns of learned law experts, such as Andrew Lynch, a director at the Gilbert + Tobin Centre of Public Law at the University of NSW, who writes in the Melbourne Age that the government has a wilful blindness to the profound power disparity between those individuals or groups who may be offended or hurt by hate speech and those most likely to be using them (such as media personalities or politicians). It’s a position utterly lost on cocooned editorial writers and also on columnist Andrew Bolt, who this week praised his ability to receive an apology for hurt feelings, forgetting that his requests come with the power of the massive corporation behind him. Bolt is neither a fair arbiter of how the law should work in relation to hateful speech, nor in a position to understand the awful effect that verbal abuse can have on an Aboriginal, refugee, Jew, Muslim, or Greek.
restrict the most offensive speech imaginable – although I do have some misgivings. In supporting some changes to the RDA – principally supporting the removal of laws against “offensive” speech – I acknowledge that I’m writing this as a privileged white man who has rarely experienced racial abuse or hatred because of my religion (except my public, journalistic frankness over Israel/Palestine and the “war on terror” has brought constant hate mail and even death threats).
I share some of the concerns And at this stage, I also have to underline the fact that the vast bulk of commentators pushing for changes to the RDA are also white and male. It’s impossible to ignore the lack of female, Indigenous and non-Anglo perspectives (there are some exceptions, such as Aboriginal advisor Wesley Aird and Sue Gordon, who both back the government’s moves).
of learned law experts, such as Andrew Lynch, a director at the As a result, much of the discussion about the RDA is expressed by a political and media class that indulges racism on a daily basis, from the Northern Territory intervention against Indigenous citizens to our treatment of asylum seekers, racial profiling, or our backing of wars in the Middle East. These groups and individuals don’t really care about tackling everyday racism, preferring to distract the public from their own shocking records instead.
Gilbert + Tobin Centre of Public Law at the University of NSW, who writes in the Melbourne Age that the government has None of this means, though, that those of us who have spent years fighting discrimination against minorities can’t feel uncomfortable with current laws that seek to restrict free speech. The RDA has not reduced tangible racism in Australia (if anything we’re becoming less friendly to migrants, according to a new study) and we shouldn’t look to a state that entrenches racism to legislate against it.
a wilful blindness to the profound power disparity between those individuals or After thinking about this issue for many years, and growing up in the Jewish community I was constantly warned about rampant anti-Semitism, I support this comment by the 20th century American journalist H L Mencken:
groups who may be offended or hurt by hate speech and those most likely to be The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.
using them (such as media personalities or
politicians). It’s
a position utterly lost on cocooned editorial writers and also on columnist Andrew Bolt, who this week praised his ability to receive
an apology for hurt feelings, forgetting that his requests come with the power
of the massive corporation behind him. Bolt is neither a fair arbiter of how the law should work
in relation to hateful speech, nor in a position to understand the awful effect
that verbal abuse can have on an Aboriginal, refugee, Jew, Muslim, or Greek.
In supporting some changes to the RDA – principally supporting the removal of laws against “offensive” speech – I acknowledge that
I’m writing this as a
privileged white man who has rarely experienced racial abuse or hatred because
of my religion (except my public, journalistic frankness over Israel/Palestine
and the “war on terror” has brought constant
hate mail and even death threats).
And at this stage, I also have to underline the fact that the vast bulk
of commentators pushing for changes to the RDA are also white and male. It’s impossible to ignore
the lack of female, Indigenous and non-Anglo perspectives (there are some exceptions, such as Aboriginal advisor Wesley Aird and Sue Gordon, who both back the government’s moves).
As a result, much of the discussion about the RDA is
expressed by a political and media class that indulges racism on a
daily basis, from the Northern Territory intervention against Indigenous
citizens to our treatment of asylum seekers, racial profiling, or our backing of wars in the Middle East. These groups and individuals don’t really care about tackling everyday racism, preferring to distract the public from their own shocking records
instead.
None
of this means, though, that those of us who have spent years fighting
discrimination against minorities can’t feel uncomfortable with current laws that seek to restrict free
speech. The RDA has not reduced tangible racism in Australia (if
anything we’re becoming less
friendly to migrants, according to a new study) and we shouldn’t look to a state that entrenches racism to
legislate against it.
After thinking about this issue for many years, and growing up in the Jewish community I was constantly warned about rampant
anti-Semitism, I support this comment by the 20th century American journalist H L Mencken:
The trouble with
fighting for human freedom is that one spends most of one's time defending
scoundrels. For it is against scoundrels that oppressive laws are first aimed,
and oppression must be stopped at the beginning if it is to be stopped at all.
It may make our hearts sink, but we owe it to our democracy to defend the rights of the most offensive people in our community.It may make our hearts sink, but we owe it to our democracy to defend the rights of the most offensive people in our community.