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Where does society end and the rights of the individual begin? That is the true question that lies at the bottom of the Israel Folau controversy. The courts have been given the unenvious task of determining whether an organisation has the right to punish those members who don’t share its views, or if the rights of the individual should be upheld.
Former rugby player, Israel Folau and his lawyers are seeking up to AuS$15 million (including Aus$5m for the irreparable damage done to Folau’s reputation) from Rugby Australia. Folau had had his contract with Rugby Australia terminated after he was found guilty of a high-level breach (the only kind that can result in termination) of their code of conduct. This high-level breach came from Folau’s decision to post a picture on Instagram stating that hell awaited “drunks, homosexuals, liars, fornicators, thieves, atheists, and idolaters.”
Having failed to reach a settlement with Rugby Australia at a Fair Work hearing, Folau and his lawyers have moved their case on to the Federal Court. Folau himself has merely expressed his desire for Rugby Australia to admit they terminated his contract because of his religious beliefs. In a video, Folau stated: “Hopefully, Rugby Australia will accept that my termination was unlawful and we can reach an agreement about how they can fix that mistake. First and foremost, I am hoping for an apology from Rugby Australia and an acknowledgement that even if they disagree with my views, I should be free to peacefully express my religious beliefs without fear of retribution or punishment.”
According to Rugby Australia’s, Folau’s contract was terminated on the basis that he had violated their requirement to “treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability.”
Of course, what really lies at the centre of the Folau case is not homophobia, but freedom of speech and freedom of religion. It is really a question of whether Israel Folau should be allowed to express his religious views without suffering economic or judicial penalty.
Both the US Supreme Court and the Australian Law Reform Commission have placed a special emphasis on freedom of speech. The US Supreme Court has noted that all other rights and freedoms are put in peril when freedom of speech is not protected. Similarly, the Australian Law Reform Commission has stated: “freedom of speech is a fundamental common law right. It has been described as the ‘freedom part excellence: for without it, no other freedom can survive.’
Likewise, the Australian Magna Carta Institute stated:
“Freedom of speech is an essential aspect of the rule of law and ensures there is accountability in government. People must be free to express their opinion about the content of laws, as well as the decisions of government or accountability is greatly reduced. Freedom of expression is a boarder term which incorporates free speech, the right to assemble, and other important ways of expressing ideas and opinions. The balance the law of Australia strikes between protecting and restricting freedom expression generally is very important to understand the health of the rule of law in Australia.”
It is remarkable to note, however, that freedom of speech is protected by neither the Constitution of Australia nor by Federal Legislation. In fact, there is a wide array of laws and regulations that place legal restrictions on expression. One cannot publish military secrets, incite criminal activity, or defame or libel another person.
Rather, freedom of speech is considered a common-law right adopted from the Westminster system. It is a feature of our political and legal traditions. The Australian High Court has stated that there is an implied right to freedom of expression embedded in the Australian Constitution (they did not say anything, however, about non-political expression). Likewise, Australia is also a signatory of the International Covenant on Civil and Political Rights which lists freedom of expression as a fundamental right.
Freedom of religion is a natural extension of freedom of speech, expression, and association. It is derived from the simple fact that the government has no right to dictate what my beliefs should be. The government has no right to force me, a Christian, to accept gay marriage, abortion, or anything else I find incompatible with my beliefs.
Unlike freedom of speech, freedom of religion is a right guaranteed by the Australian Constitution. Section 116 of the Australian Constitution reads:
Commonwealth not to legislate in respect of religion
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required for any office or public trust under the Commonwealth.”
Similarly, freedom of religion is protected by Australian case law. In the case of Church of the New Faith v. Commissioner for Payroll Tax (Vic), the Judges Mason ACJ and Brennan J. commented: “freedom of religion, the paradigm freedom of conscience, is the essence of a free society.” Similarly, in the case of Evans v. New South Wales, the Federal Court decreed that religious freedom as an “important freedom generally accepted in society.”
The road to hell is paved with good intentions. A decision that favours Rugby Australia will give large organisations the legal mandate to bully and intimidate those that don’t agree with their views. If Australia’s Federal Court truly believes in freedom, it will uphold Israel Folau’s right to freedom of speech and religion, and rule against Rugby Australia.
A couple of weeks ago, the Democratic Senator from California, Diane Feinstein, brought the public’s attention a letter accusing Supreme Court nominee Brett Kavanaugh of attempted rape. According to the letter, an intoxicated Kavanaugh, then a seventeen-year-old high school student in Maryland, had pinned a fifteen-year-old girl – later identified as Christine Blasey Ford – down on a bed at a party, groped her, and attempted to remove her clothing. Kavanaugh covered her mouth to prevent her from screaming. The encounter ended when another man, Mike Judge, jumped on them. Ford claims to have been in fear for her life.
Both Brett Kavanaugh and Mike Judge have strongly denied the allegations that have been made against them. Kavanaugh indicated his willingness to testify in front of the Senate Judiciary Committee and stated that:
“This is a completely false allegation. I have never done anything like what the accuser describes – to her or to anyone. Because this never happened, I had no idea who was making this accusation until she identified herself yesterday. I am willing to talk to the Senate Judiciary Committee in any way the Committee deems appropriate to refute this false allegation, from thirty-six-years-ago, and defend my integrity.”
In addition, the Senate Judiciary Council also received a letter, signed by sixty-five women, attesting to Kavanaugh’s sterling character.
Similarly, Mike Judge also released a statement saying:
“I did not ask to be involved in this matter nor did anyone ask me to be involved. The only reason I’m involved is because Dr. Christine Blasey Ford remembers me as the other person in the room during the alleged assault”
“I have no memory of the alleged incident. Brett Kavanaugh and I were friends in high school but I do not recall the party described in Ford’s letter. More to the point, I never saw Brett act in the manner Dr. Ford describes.”
Regardless of the outcome of any vote, it is clear that the accusations made against Brett Kavanaugh will have long-ranging political consequence. If Kavanaugh is not appointed, the Republicans may very well lose their opportunity to appoint an originalist to the Supreme Court. It is unlikely that the Senate would be able to vet and confirm any nominee for the Supreme Court in the six weeks leading up to the election. And it is very possible that that election could culminate in a Democrat-controlled Congress. On the other hand, if Kavanaugh is confirmed the Democrats will certainly use the accusations as a political weapon to be wielded against Republicans.
Political consequences notwithstanding, the accusations made against Brett Kavanaugh are, in and of themselves, deeply suspicious. Christine Blasey Ford has failed to provide any evidence or corroborating details which could help prove the validity of her story. The alleged incident occurred almost forty years ago, bears no witnesses aside from the two men accused, and has no physical evidence.
What is truly amazing is that anyone is willing to believe Ford’s accusations in the first place. Ford, a registered Democrat who has financially supported numerous left-wing causes, waited until the man she was accusing was about to become a Supreme Court Justice, has changed her story numerous times, and is unable to remember the time or the location the alleged incident took place.
And any attempt to compel Ford to provide further information have been met with stonewalling and accusations of victim blaming by her supports. When her lawyer, Debra Katz was asked by CNN’s Alisyn Camerota whether Ford should ask other girls at the party to come forward as witnesses, Katz snapped: “that’s not her job to do that. If this is going to be investigated, it should be done by investigators.” It is hard to believe that any just society would condemn a man on such a preposterous lack of evidence.
At some point, society is going to need to have a discussion about what credible accusations of sexual assault look like. One would be hard pressed to argue that an accusation that bears no witnesses, no evidence, and no corroborating details should be powerful enough to destroy a man’s life or career. It is not acceptable that accusations which can be neither proven nor disproven should be used to take someone’s liberties from them.
On May 9th, 2018, the YouTube Channel, Juice Media uploaded a video entitled “Honest Government Ad: Trickle Down Economics.” In the video, the rather obnoxious and condescending female presenter tells the audience that the reason Australia has “one of the fastest growing inequality rates in the world” is trickle-down economics, which she defines as “when we [the government] piss on you and tell you it’s raining.”
According to the video, tax cuts for investors, entrepreneurs, and business are directly correlated with poverty and the lack of wage growth in Australia. The presenter argues that the government cuts taxes on the rich while simultaneously claiming that they don’t have enough money for healthcare (which would be a lot more effective if people took responsibility for their own health), renewable energy (which is really an excuse to take control of the energy market), and the ABC (which doesn’t deserve a cent of anyone’s money).
The primary problem with the video is that the premise of its argument does not actually exist. There is not a single economic theory that can be identified as trickle-down economics (also known as trickle-down theory). No reputable economist has ever used the term, nor have they ever presented an argument that could be said to conform to the idea of what it is supposed to be. As Thomas Sowell (1930 – ) wrote in his book, Basic Economics:
“There have been many economic theories over the centuries accompanies by controversies among different schools and economists, but one of the most politically prominent economic theories today is one that has never existed among economists: the trickle-down theory. People who are politically committed to policies of redistributing income and who tend to emphasise the conflicts between business and labour rather than their mutual interdependence often accuse those opposed to them of believing that benefits must be given wealthy in general, or to business in particular that these benefits will eventually trickle down to the masses of ordinary people. But no recognised economist of any school of thought has ever had any such theory or made any such proposal.”
The key to understanding why political players disparage pro-capitalist and pro-free market economic policies as trickle-down economics is understanding how economics is used to deceive and manipulate. Political players understand that simple and emotionally-charged arguments tend to be more effective because very few people understand actual economics. Anti-capitalists and anti-free marketeers, therefore, use the term trickle-down economics to disparage economic policy that disproportionately benefits the wealthy in the short term, and increases the standards of living for all peoples in the long-term
The economic theory championed by liberals (read: leftists) is demand-side economics. Classical economics rejected demand-side economic theory for two reasons. First, manipulating demands is futile because demand is the result of product, not its cause. Second, it is (supposedly) impossible to over-produce something. The French economist, Jean-Baptiste Say (1767 – 1832) demonstrated the irrelevance of demand-side economics by pointing out that demand is derived from the supply of goods and services to the market. As a consequence of the works of Jean-Baptiste Say, the British economist, David Ricardo (1772 – 1823), and other classical economists, demand-side economic theory lay dormant for more than a century.
One classical economist, however, was prepared to challenge the classical economic view of demand-side economics. The English economist, Thomas Robert Malthus (1766 – 1834) challenged the anti-demand view of classical economics by arguing that the recession Great Britain experienced in the aftermath Napoleonic Wars (1803 – 1815) was caused by a failure of demand. In other words, purchasing power fell below the number of goods and services in the market. Malthus wrote:
“A nation must certainly have the power of purchasing all that it produces, but I can easily conceive it not to have the will… You have never I think taken sufficiently into consideration the wants and tastes of mankind. It is not merely the proportion of commodities to each other but their proportion to the wants and tastes of mankind that determines prices.”
Using this as his basis, Malthus argued that goods and services on the market could outstrip demand if consumers choose not to spend their money. Malthus believed that while production could increase demand, it was powerless to create the will to consume among individuals.
Demand-side economics works on the theory that economic growth can be stimulated by increasing the demand for goods and services. The American economist, J.D. Foster, the Norman B. Ture Fellow in the Economics of Fiscal Policy at the Heritage Foundation, argued that demand-side works on the theory that the economy is underperforming because the total demand is low, and, as a consequence, the supply needed to meet this demand is likewise low.
The American economist, Paul Krugman (1953 – ), and other economists believe that recessions and depressions are the results of a decrease in demand and that the most effective method of revivifying the economy is to stimulate that demand. The way to do this is to engage in large-scale infrastructure projects such as the building of bridges, railways, and highways. These projects create a greater demand for things like steel, asphalt, and so forth. And, furthermore, it provides people with a wage which they can spend on things like food, housing, clothing, entertainment, so on and so forth.
Policies based on demand-side economics aims to change the aggregate demand in the economy. Aggregate demand is consumer spending + investment + net import/export. Demand-side economics policies are either expansive or contractive. Expansive demand-side policies aim at stimulating spending during a recession. By contrast, contractive demand-side policies aim at reducing expenditure during an inflationary economy.
Demand-side policy can be split into fiscal policy and monetary policy. The purpose of fiscal policy in this regard is to increase aggregate demand. Demand-side based fiscal policy can help close the deflationary gap but is often not sustainable over the long-term and can have the effect of increasing the national debt. When such policies aim at cutting spending and increasing taxes, they tend to be politically unpopular. But when such policies that involve lowering taxes and increasing spending, they tend to be politically popular and therefore easy to execute (of course they never bother to explain where they plan to get the money from).
In terms of monetary policy, expansive demand-side economic aims at increasing aggregate demand while contractive monetary policy in demand-side economics aims at decreasing it. Monetary expansive policies are less efficient because it is less predictable and efficient than contractive policies.
Needless to say, demand-side economics has plenty of critics. According to D.W. McKenzie of the Mises Institute, demand-side economics works on the idea that “there are times when total spending in the economy will not be enough to provide employment to all want to and should be working.” McKenzie argued that the “notion that economics as a whole, sometimes lacks sufficient drive derives from a faulty set of economic doctrines that focus on the demand side of the aggregate economy.” Likewise, Thomas Sowell argued in Supply-Side Politics that there is too much emphasis placed on demand-side economics to the detriment of supply-side economics. He wrote in an article for Forbes:
“If Keynesian economics stressed the supposed benefit of having government manipulate aggregate demand, supply-side economics stressed what the marketplace could accomplish, one it was freed from government control and taxes.”
The man who greatly popularised demand-side economics was the British economist, John Maynard Keynes (1883 – 1946). Keynes, along with many other economists, analysed the arguments of the classical economists against the realities of the Great Depression. Their analysis led many economists to question the arguments of the classical economists. They noted that classical economics failed to answer how financial disasters like the Great Depression could happen.
Keynesian economics challenged the views of the classical economists. In his 1936 book, The General Theory of Employment, Interest and Money (one of the foundational texts on the subject of modern macroeconomics) Keynes revivified demand-side economics. According to Keynes, output is determined by the level of aggregate demand. Keynes argued that resources are not scarce in many cases, but that they are underutilised due to a lack of demand. Therefore, an increase in production requires an increase in demand. Keynes’ concluded that when this occurs it is the duty of the government to raise output and total employment by stimulating aggregate demand through fiscal and monetary policy.
The Great Depression is often seen as a failure of capitalism. It popularised Keynesian economics and monetary central planning which, together, “eroded and eventually destroyed the great policy barrier – that is, the old-time religion of balanced budgets – that had kept America relatively peaceful Republic until 1914.”
David Stockman of the Mises Institute argues that the Great Depression was the result of the delayed consequences of the Great War (1914 – 1918) and financial deformations created by modern central banking. However, the view that the Great Depression was a failure of capitalism is not one shared by every economist. The American economist, Milton Friedman (1912 – 2006), for example, argued that the Great Depression was a failure of monetary policy. Friedman pointed out that the total quantity of money in the United States – currency, bank deposits, and so forth – between 1929 and 1933 declined by one-third. He argued that the Federal Reserve had failed to prevent the decline of the quantity of money despite having the power and obligation to do so. According to Friedman, had the Federal Reserve acted to prevent the decline in the quantity of money, the United States (and subsequently, the world) would only have suffered a “garden variety recession” rather than a prolonged economic depression.
It is not possible to determine the exact dimensions of the Great Depression using quantitative data. What is known, however, is that it caused a great deal of misery and despair among the peoples of the world. Failed macroeconomic policies combined with negative shocks caused the economic output of several countries to fall between twenty-five and thirty-percent between 1929 and 1932/33. In America between 1929 and 1933, production in mines, factories, and utilities fell by more than fifty-percent, stock prices collapsed to 1/10th of what they had been prior to the Wall Street crash, real disposable income fell by twenty-eight percent, and unemployment rose from 1.6 to 12.8 million.
According to an article for the Foundation for Economic Education, What Caused the Great Depression, the Great Depression occurred in three phases. First, the rise of “easy money policies” caused an economic boom followed by a subsequent crash. Second, following the crash, President Herbert Hoover (1874 – 1964) attempted to suppress the self-adjusting aspect of the market by engaging in interventionist policies. This caused a prolonged recession and prevented recovery. Hourly rates dropped by fifty-percent, millions lost their jobs (a reality made worse by the absence of unemployment insurance), prices on agricultural products dropped to their lowest point since the Civil War (1861 – 1865), more than thirty-thousand businesses failed, and hundreds of banks failed. Third, in 1933, the lowest point of the Depression, the newly-elected President Franklin Delano Roosevelt (1882 – 1945) combatted the economic crisis by using “new deal” economic policies to expand interventionist measures into almost every facet of the American economy.
Let’s talk about the New Deal a little bit more. The New Deal was the name for the Keynesian-based economic policies that President Roosevelt used to try and end the Great Depression. It included forty-seven Congress-approved programs that abandoned laissez-faire capitalism and enacted the kind of social and economic reforms that Europe had enjoyed for more than a generation. Ultimately, the New Deal aimed to create jobs, provide relief for farmers, boost manufacturing by building partnerships between the private and public sectors, and stabilise the US financial system.
The New Deal was largely inspired by the events of the Great War. During the War, the US Government had managed to increase economic activity by establishing planning boards to set wages and prices. President Roosevelt took this as proof positive that it was government guidance, not private business, that helped grow the economy. However, Roosevelt failed to realise that the increase in economic activity during the Great War came as the result of inflated war demands, not as the achievement of government planning. Roosevelt believed, falsely, that it was better to have government control the economy in times of crisis rather than relying on the market to correct itself.
The New Deal came in three waves. During his first hundred days in office, President Roosevelt approved the Emergency Banking Act, Government Economy Act, the Civilian Conservation Corps, the Federal Emergency Relief Act, Agricultural Adjustment Act, Emergency Farm Mortgage Act, the Tennessee Valley Authority Act, the Security Act, Abrogation of Gold Payment Clause, the Home Owners Refinancing Act, the Glass-Steagall Banking Act, the National Industrial Recovery Act, the Emergency Railroad Transportation Act, and the Civil Works Administration.
In 1934, President Roosevelt bolstered his initial efforts by pushing through the Gold Reserve Act, the National Housing Act, the Securities Exchange Act, and the Federal Communications Act.
In 1935, the Supreme Court rejected the National Industrial Act. President Roosevelt, concerned that other New Deal programs could also be in jeopardy, embarked on a litany of programs that would help the poor, the unemployed, and farmers. Second-wave New Deal programs included Soil Conservation and Domestic Allotment Act, Emergency Relief Appropriation, the Rural Electrification Act, the National Labor Relations Act, the Resettlement Act, and the Social Securities Act.
In 1937, Roosevelt unleashed the third wave of the New Deal by aiming to combat budget deficits. It included the United States Housing Act (Wagner-Steagall), the Bonneville Power Administration, the Farm Tenancy Act, the Farm Security Administration, the Federal National Mortgage, the New Agriculture Adjustment Act, and the Labor Standards Act.
According to the historical consensus, the New Deal proved effective in boosting the American economy. Economic growth increased by 1.8% in 1935, 12.9% in 1936, and 3.3% in 1937. It built schools, roads, hospitals, and more, prevented the collapse of the banking system, reemployed millions, and restored confidence among the American people.
Some even claim that the New Deal didn’t go far enough. Adam Cohen, the author of Nothing to Fear: FDR’s Inner Circle and the Hundred Days that Created Modern America, claims that the longevity of the Depression (the American economy didn’t return to pre-depression prosperity until the 1950s) is evidence that more New Deal spending was needed. Cohen commented that the New Deal had the effect of steadily increasing GDP (gross domestic product) and reducing unemployment. And, which is more, it reimagined the US Federal government as a welfare provider, a stock-market regulator, and a helper of people in financial difficulty.
However, the historical consensus is not to say that the New Deal is without its critics. The New Deal was criticised by many conservative businessmen for being too socialist. Others, such as Huey Long (1893 – 1935), criticised it for failing to do enough for the poor. Henry Morgenthau, Jr. (1891 – 1967), the Secretary of the Treasury, confessed before Democrats in the House Ways and Means Committee on May 9th, 1939 that the New Deal had failed as public policy. According to Morgenthau, it failed to produce an economic recovery and did not erase historic unemployment. Instead, it created a recession – the Roosevelt Recession – in 1937, failed to adequately combat unemployment because it created jobs that were only temporary, became the costliest government program in US history, and wasted money.
Conservatives offer supply-side economics as an alternative to demand-side economics. Supply-side economics aims at increasing aggregate supply. According to supply-side economics, the best way to stimulate economic growth or recovery is to lower taxes and thus increase the supply of goods and services. This increase leads, in turn, to lower prices and higher standards of living.
The lower-taxes policy has proved quite popular with politicians. The American businessman and industrialist, Andrew Mellon (1855 – 1937) argued for lower taxes in the 1920s, President John Fitzgerald Kennedy (1917 – 1963) argued for lower taxes in the 1960s, and both President Ronald Reagan (1911 – 2004) and President George Walker Bush (1946 – ) lowered taxes in the 1980s and 2000s, respectively.
Supply-side economics works on the principle that producers will create new and better products if they are allowed to keep their money. Put simply, supply-side economics (supply merely refers to the production of goods and services) works on the theory that cutting taxes on entrepreneurs, investors, and business-people incentives them to invest more in their endeavours. This money can be invested in capital – industrial machinery, factories, software, office buildings, and so forth.
The idea that lower taxes lead to greater economic prosperity is one of the central tenants of supply-side economics. Supporters of supply-side economics believe that providing financial benefits for investors (cutting capital gains tax, for example) stimulates economic growth. By contrast, high taxes, especially those metered out on businesses, discourage investment and encourages stagnation.
Tax rates and tax revenue are not the same thing, they can move in opposite directions depending on economic factors. The revenue collected from income tax for each year of the Reagan Presidency was higher than the revenues collected during any year of any previous Presidency. It can be argued that people change their economic behaviour according to the way they are taxed. The problem with increasing taxes on the rich is that the rich will use legal, and sometimes illegal, strategies for avoiding paying it. A businessman who is forced to pay forty-percent of his business’ profits on taxation is less likely to increase his productivity. As a consequence, high tax rates on businesses leads to economic stagnation.
Supply-side supporters use Arthur Laffer’s (1940 – ) – an advisor to President Ronald Regan – Laffer Curve to argue that lower taxes lead to higher tax revenue. The Laffer curve showed the dichotomy between tax revenue and the amount of tax that is collected. Laffer’s idea that the more taxation increased, the more tax revenue is collected. However, if taxes are increased beyond a certain point, less revenue is collected because people are no longer willing to make an economic contribution.
Taxation only works when the price of engaging in productive behaviour is likewise reduced. Daniel Mitchell of the Heritage Foundation stated in an article entitled a “Supply-Side” Success Story, that tax cuts are not created equally. Mitchell wrote: “Tax cuts based on the Keynesian notion of putting money in people’s pockets in the form of rebates and credits do not work. Supply-side cuts, by contrast, do improve economic performance because they reduce tax rates on work, saving, and investment.” Mitchell used the differences between the 2001 and 2003 tax cuts as evidence for his argument. Mitchell pointed out that tax collections fell after the 2001 tax cuts whereas they grew by six-percent annually after the 2003 cuts. Mitchell points out that job numbers declined after the 2001 cuts whereas net job creation averaged more than 150,000 after the 2003 cuts. Mitchell points out that economic growth averaged 1.9% after the 2001 tax cuts, compared to 4.4% after the 2003 cuts.
Proposals to cut taxes have always been characterised by its opponents as “tax cuts for the rich.” The left believes that tax cuts, especially cuts on the top rate of tax, does not spur economic growth for lower and middle-class people and only serves to widen income inequality. They argue that tax cuts benefit the wealthy because they invest their newfound money in enterprises that benefit themselves. Bernie Sanders (1941 – ), the Independent Senator from Vermont, has argued that “trickle-down economics” is pushed by lobbyists and corporations to expand the wealth of the rich. Whilst opponents of President Ronal Reagan’s tax cuts likewise referred to the policy as “trickle-down economics.”
In reality, the left-wing slander of tax cuts can best be described as “tax lies for the gullible.” The rich do not become wealthy by spending frivolously or by hiding their money under the mattress. The rich become rich because they are prepared to invest their money in new products and ventures that will generate greater wealth. In reality, it is far more prudent to give an investor, entrepreneur, or business owner a tax cut because they are more likely to use their newfound wealth more prudently.
According to Prateek Agarwal at Intelligent Economist, supply-side economics is useful for lowering the natural rate of unemployment. Thomas Sowell, a supporter of supply-side economics, claims that while tax cuts are applied primarily to the wealthy, it is the working and middle classes who are the first and primary beneficiaries. This occurs because the wealthy, in Sowell’s view, are more likely to invest more money in their businesses which will provide jobs for the working class.
The purpose of economic policy is to facilitate the economic independence of their citizens by encouraging economic prosperity. Demand-side economics and supply-side economics represent two different approaches to achieving this endeavour. Demand-side economics argues that economic prosperity can be achieved by having the government increase demand by taking control of the economy. By contrast, supply-side economics, which is falsely denounced as “trickle-down economics” by the likes of people like Juice Media, champions the idea that the best way to achieve economic prosperity is by withdrawing, as far as humanly possible, government interference from the private sector of the economy. Supply-side economics is the economic philosophy of freedom, demand-side economics is not.
There has been an alarming trend in modern culture: numerous political and social activist groups have been attempting to use the pernicious and false doctrines of political correctness, tolerance, and diversity to silence those they disagree with. Many of these groups have sought the passage of so-called “hate speech” laws designed to silence voices of dissent.
At public colleges and universities, places where free speech and open debate should be actively encouraged, measures – including protests, disruption, and, in some cases, outright violence – taken to suppress voices of dissent has become tantamount to Government censorship. This censorship prevents students from inviting the speakers they wish to hear and debate speech they disagree with. Eva Fourakis, the editor-in-chief of The Williams Record (the student newspaper of Williams College) wrote an editorial, later recanted, commenting that “some speech is too harmful to invite to campus.” The editorial went on to say: “students should not face restrictions in terms of the speakers they bring to campus, provided of course that these speakers do not participate in legally recognised forms of hate speech.”
The University of California, Berkeley, is famous for sparking the free speech movement of the 1960s. Today, however, it has become a haven for radical, anti-free speech Neo-Marxists and social justice warriors. Not only have many Republican students had their personal property destroyed, but numerous conservative speakers have had their talks disturbed, and, in some cases, halted altogether. In February, Antifa – so-called anti-fascists – set fires and vandalised building during a speech by the controversial journalist, Milo Yiannopoulos (1984 – ). In April, threats of violence aimed at members of the Young Americas Foundation forced political commentator, Ann Coulter (1961 – ), to cancel her speech. A speech by David Horowitz (1939 – ), founder and president of the David Horowitz Freedom Center, was cancelled after organisers discovered that the event would take place during normal class times (for safety, or so they claimed). Finally, the conservative journalist, Ben Shapiro (1984 – ), was forced to spend US$600,000 on security for his speech at UC Berkeley. These events show that those who wish to use disruption, vilification, threats, and outright violence to silence others can be, and often are, successful in doing so.
Like most the principles of classical liberalism, free speech developed through centuries of political, legal, and philosophical progress. And like many Western ideas, its development can be traced back to the Ancient Greeks. During his trial in Athens in 399BC, Socrates (470BC – 399BC) expressed the belief that the ability to speak was man’s most divine gift. “If you offered to let me off this time on condition I am not any longer to speak my mind”, Socrates stated, “I should say to you, ‘Men of Athens, I shall obey the Gods rather than you.”
Sixteen hundred years later, in 1215, the Magna Carta became the founding document of English liberty. In 1516, Desiderius Erasmus (1466 – 1536) wrote in the Education of a Christian Prince that “in a free state, tongues too should be free.” In 1633, the astronomist Galileo Galilei was put on trial by the Catholic Church for refusing to retract his claim of a heliocentric solar system. In 1644, the poet, John Milton (1608 – 1674), author of Paradise Lost, warned in Areopagictica that “he who destroys a good book kills reason itself.” Following the usurpation of King James II (1633 – 1701) by William III (1650 – 1702) and Mary II (1662 – 1694) in 1688, the English Parliament passed the English Bill of Rights which guaranteed free elections, regular parliaments, and freedom of speech in Parliament.
In 1789, the French Declaration of the Rights of Man and of the Citizen, an important document of the French revolution, provided for freedom of speech (needless to say, Robespierre and company were not very good at actually promoting this ideal). That same year, the philosopher Voltaire (1694 – 1778) famously wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write.” Over in the United States, in 1791, the first amendment of the US Bill of Rights guaranteed freedom of religion, freedom of speech, freedom of the press, and the right to assemble:
ARTICLE [I] (AMENDMENT 1 – FREEDOM OF SPEECH AND RELIGION)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.”
During the 19th century, the British philosopher, John Stuart Mill (1806 – 1873) argued for toleration and individuality in his 1859 essay, On Liberty. “If any opinion is compelled to silence”, Mill warned, “that opinion may, for aught we can certainly know, be true. To deny this is to presume our own infallibility.” Mill believed that all doctrines, no matter how immoral or offensive, ought to be given public exposure. He stated in On Liberty:
“If the argument of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”
Elsewhere in On Liberty, Mill warned that the suppression of one voice was as immoral as the suppression of all voices:
“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”
Centuries later, in 1948, the Universal Declaration of Human Rights, accepted unilaterally by the United Nations, urged member states to promote civil, human, economic, social, and political rights – including freedom of expression and religion.
Within the American Justice System, numerous Supreme Court cases have created judicial protections for freedom of speech. In the case of the Nationalist Socialist Party of America v. Village of Stoke (1977), the Supreme Court upheld the right of neo-Nazis to march through a village with a large Jewish population and wear Nazi insignia. The Justices found that the promotion of religious hatred was not a sufficient reason to restrict free speech.
In the city of St. Paul during the early 1990s, a white teenager was arrested under the “Bias-Motivated Crime Ordinance” after he burnt a cross made of a broken chair (cross-burning is commonly used by the Ku Klux Klan to intimidate African Americans) in the front yard of an African American family. The Court ruled that the city’s Ordinance was unconstitutional. Justice Antonin Scalia (1936 – 2016), noted that the purpose of restricting fighting words was to prevent civil unrest, not to ban the content or message of the speaker’s words. Scalia wrote in the case of R.A.V. v. City of St. Paul (1992):
“The ordinance applies only to ‘fighting words’ that insult, or provoke violence, ‘on the basis of race, colour, creed, religion or gender.’ Displays containing abusive invective, no matter how vicious or severe, are permissible unless they are addressed to one of the specified disfavored topics. Those who wish to use ‘fighting words’ in connection with other ideas—to express hostility, for example, on the basis of political affiliation, union membership, or homosexuality—are not covered. The First Amendment does not permit St. Paul to impose special prohibitions on those speakers who express views on disfavored subjects.”
In the Matal v. Tam case (2017), the Supreme Court found that a provision within the Lanham Act prohibiting the registration of trademarks that disparaged persons, institutions, beliefs, or national symbols violated the First Amendment. Justice Samuel Alito (1950 – ) opined:
“[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”
Justice Anthony Kennedy (1936 – ) opined:
“A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.”
In recent years, numerous calls to ban speech have been justified on the basis that it is “hateful.” Much of this has come from the political left who (in what one may cynically regard as having more to do with silencing voices of dissent than with protecting vulnerable groups) argue that restrictions on hate speech must occur if minorities are to be given equal status with everyone else.
That certain types of speech can be offensive, and that some of that speech may be aimed at certain groups of people, is undeniable. Hate speech has even been criticised for undermining democracy! In an article, Alexander Tsesis, Professor of Law at Loyola University, wrote: “hate speech is a threatening form of communication that is contrary to democratic principles.” Some have even argued that hate speech violates the fourteenth amendment to the US Constitution which guarantees equal protection under the law:
Article XIV (AMENDMENT 14 – RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS, AND EQUAL PROTECTION)
1: All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
That there is a historical basis for restricting hate speech is undeniable. Slavery, Jim Crow, and the Holocaust, among other atrocities, were all proceeded by violent and hateful rhetoric. (Indeed, incitement to genocide is considered a serious war crime and a serious crime against humanity under international law.) Genocide is almost always preceded by hate speech. However, what proponents of hate speech laws fail to realise is that the countries that perpetrated these atrocities did not extend the freedom to speak to the groups that they were targeting. Joseph Goebbels (1897 – 1945), the Nazi minister for public enlightenment and propaganda, for example, had such an iron grip on Germany’s media that any voice contradicting the Nazi’s anti-Semitic propaganda had no opportunity to be heard.
But who, exactly, supports hate speech laws? Analysis of survey data taken from Pew Research Center and YouGov reveals that it is primarily non-white, millennial democrats. In terms of age, the Pew Research Centre found that forty-percent of millennials supported Government censorship of hate speech, compared to twenty-seven percent of gen x-ers, twenty-four percent of baby-boomers, and only twelve percent of the silent generation.
In terms of race, research by YouGov reveals that sixty-two percent of African Americans support Government censorship of hate speech, followed by fifty percent of Hispanics, and thirty-six percent of White Americans.
In terms of political affiliation, research from YouGov taken in 2015 found that fifty-one percent of Democrats supported restrictions on hate speech, compared to thirty-seven percent of Republicans, and only thirty-five percent of independents.
The primary issue with hate speech is that determining what it does and does not constitute is very difficult. (The cynic may argue, fairly, that hate speech begins when the speaker expresses a view or states a fact or expresses an opinion that another person does not want others to hear.) As Christopher Hitchens (1949 – 2011) pointed out, the central problem with hate speech is that someone has to decide what it does and does not constitute.
The second issue with hate speech laws is that they can easily be used by one group to silence another. Often this kind of censorship is aimed at particular groups of individuals purely for ideological and/or political purposes, often with the justification that such actions increase the freedom and equality of the people the advocates claim to represent.
In Canada, Bill C-16 has sought to outlaw “hate propaganda” aimed at members of the community distinguishable by their gender identity or expression. The Bill originated with a policy paper by the Ontario Human Rights Commission which sought to determine what constituted discrimination against gender identity and expression. This included “refusing to refer to a person by their self-identified name and proper personal pronoun.” Supporters of Bill C-16 see it as an important step towards the creation of legal protections for historically marginalised groups. Detractors, however, have expressed concern that the Bill creates a precedence for Government mandated speech.
The Canadian clinical psychologist and cultural critic, Professor Jordan Peterson (1962 – ), first came to public attention when he posted a series of YouTube videos warning of the dangers of political correctness and criticising Bill C-16. In his videos, Professor Peterson warned that the law could be used to police speech and compel individuals to use ‘transgender pronouns’ (these are terms like ‘ze’ and ‘zer’, among others). For his trouble, Peterson has been accused of violence by a fellow panellist on the Agenda with Steve Palkin, received two warning letters from the University of Toronto in 2016, and was denied a social research grant from Canada’s Social Sciences and Humanities Research Council.
Europe has been experiencing similar attempts to silence speech. A law passed in the Bundestag this year will force social media companies operating in Germany to delete racist or slanderous comments and posts within twenty-four hours or face a fine of up to €50 million if they fail to do so. Additionally, numerous public figures have found themselves charged with hate speech crimes for merely pointing out the relationship between the large influx of non-European migrants and high crime rates, particularly in terms of rape and terrorism. One politician in Sweden was prosecuted for daring to post immigrant crime statistics on Facebook.
In Great Britain, British Freedom of Information documents reveal that around twenty-thousand adults and two-thousand children had been investigated by the police for comments that made online. In politics, British MP, Paul Weston (1965 – ), found himself arrested after he quoted a passage on Islam written by Winston Churchill (1874 – 1965). In Scotland, a man was charged under the 2003 Communication’s Act with the improper use of electronic communications after he filmed his dog making a Hitler salute.
In Australia, Herald Sun columnist, Andrew Bolt (1959 – ), was found to have contravened section 18C of the Racial Discrimination Act after he published articles accusing fair-skinned Aborigines of using their racial status for personal advantages. The law firm, Holding Redlich, speaking for a group of Aboriginal persons, demanded that the Herald Sun retract two Andrew Bolt articles, written in April and August of 2009, and restrain Bolt from writing similar articles in the future. Joel Zyngier, who acted for the group pro-bono, told Melbourne’s The Age:
“We see it as clarifying the issue of identity—who gets to say who is and who is not Aboriginal. Essentially, the articles by Bolt have challenged people’s identity. He’s basically arguing that the people he identified are white people pretending they’re black so they can access public benefits.”
Judge Morcedai Bromberg (1959 – ) found that the people targeted by Bolt’s articles were reasonably likely to have been “offended, insulted, humiliated, or intimidated.”
We need speech to be as free as possible because it is that which allows us to exchange and critique information. It through free speech that we are able to keep our politicians and public officials in check, that we are able to critique public policy, and that we are able to disseminate information. As the Canadian cognitive psychologist, Stephen Pinker (1954 – ), observed: “free speech is the only way to acquire knowledge about the world.” Measures taken to restrict free speech, whether it be the criminalization of hate speech or any other, is a complete contradiction of the principles that free Western democracies are founded upon.
Moore had previously garnered notoriety for his actions as Chief Justice of Alabama’s Supreme Court. In 2003, he was temporarily removed from his position after he refused to remove the Ten Commandments from Alabama’s State Capitol building. Moore was reappointed to the position in 2013, only to be suspended in 2015 for refusing to enforce the Obergefell v. Hodges decision to legally recognise same-sex unions.
Moore’s victory has caused alarm among members of the mainstream media. Chris Matthews, the host of MSNBC’s Hardball, referred to the Republican candidate as a ‘wild man’:
“It’s like your party is losing seats for moderate. Charlie Dent from Pennsylvania just quits, Bob Corker just quits —they are not comfortable in the party anymore, these guys. And all of a sudden a guy like Roy Moore feels comfortable. He is part of the Republican party now. These other guys don’t feel like they are. Moderates or people who we used to call mainstream Republicans are quitting. The wild people are coming on board.”
Similarly, the host of MSNBC’s Deadline, Nicole Wallace, also expressed her displeasure at Moore’s victory:
“I guess the question is though, John — is anyone in the Senate, any Republicans going to say, ‘I don’t want to be in the same party as Roy Moore. I’m not going to be for him. I’m not endorsing him. I’m not backing him because that could save the Republican. You may lose a seat, but you might save the Republican Party.”
President Trump has issued another executive order to extend and broaden the travel band that expired on Sunday.
The new travel ban will be more impervious to challenges from the Supreme Court, and will require foreign governments to improve their identity management, issue more secure passports, identify serious criminals, and provide information on known or suspected terrorists.
The new travel makes changes to the immigration policy the US has with different countries. The travel ban on Sudan has been lifted. North Korea, Chad, and Venezuela have been added to the list of banned countries (although this ban only extends to North Korean and Venezuelan government officials). Libya, Somalia, Iran, Syria, and Yemen will remain.
The White House has stated that the new travel ban has created a new “baseline for information sharing to support visa and immigration vetting determinations.” President Trump stated:
“Following an extensive review by the Department of Homeland Security, we are taking action today to protect the safety and security of the American people by establishing a minimum security baseline for entry into the United States. We cannot afford to continue the failed policies of the past, which present an unacceptable danger to our country. My highest obligation is to ensure the safety and security of the American people, and in issuing this new travel order, I am fulfilling that sacred obligation.”