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The Presumption of Innocence is Worth Protecting No Matter What the Cost

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Jemma Beale was sentenced to ten years imprisonment after it was found she had made repeated false rape allegations. 

In February 2013, Vassar College student, Xialou “Peter” Yu was accused of sexual assault by fellow student, Mary Claire Walker. The accusation stemmed from an incident occurring twelve months previously in which Walker had accompanied Yu back to his dorm room after a party and initiated consensual sex. Walker herself broke off the coitus early. She had decided that it was too soon after ending her relationship with her boyfriend to embark on a sexual relationship with another man. She even expressed remorse for having “lead Yu on” and insisted that he had done nothing wrong.

Nevertheless, at some point, Walker decided that she had been sexually assaulted and Yu was mandated to stand before a college tribunal. At this tribunal, Yu was refused legal representation, had his attempts at cross-examining his accuser repeatedly stymied, and potential eyewitness testimonies from both Yu and Walker’s roommates were suppressed by the campus gender equality compliance officer. Supposedly because they had “nothing useful to offer.” In what can only be described as a gross miscarriage of justice, Yu was found guilty and summarily expelled.

Unfortunately, the kind of show trials that condemned Yu is not entirely uncommon in American colleges and universities (and, like many social diseases, are starting to infect Australian campuses, as well). They are the result of years of unchallenged feminist influence on upper education. These institutions have swallowed, hook, line, and sinker, the feminist lie that every single woman who claims to be sexually assaulted must be telling the truth.

The problem begins with those who make public policy. The US Department of Education has been seduced by the ludicrous idea that modern, western societies are a “rape culture.” They have brought into the lie that one-in-five women are sexually assaulted on college campuses, despite the fact that this statistic (which conveniently seems to come up with exactly the same ratio no matter where it’s used) comes from an easily disproven web-based survey.

This survey, which was conducted at two universities in 2006, took only fifteen minutes to complete and had a response rate of just 5466 undergraduate women aged between eighteen and twenty-five. Furthermore, it was poorly formulated with researchers asking women about their experiences and then deciding how many of them had been victims of sexual misconduct.

Regardless, the lack of credibility that this survey possessed did not stop the US Department of Education’s Office of Civil Rights from laying out guidelines for handling reports of sexual misconduct. Among these recommendations was that reports of sexual misconduct should be evaluated on the “preponderance of evidence” rather than the more traditional “clear and convincing evidence.” This radical shift in standards of proof means that accuser only has to prove that there is a reasonable chance that a sexual assault occurred rather than having to prove it beyond a reasonable doubt.

It would be an understatement to say the college and university rape tribunals – and the policies that inform them – violate every legal principle and tradition of western law. American colleges and universities have created an environment in which male students can be stigmatised as sexual deviants with little to no evidence aside from an accusation. These tribunals not only violate standards of proof but the presumption of innocence, as well.

That these tribunals have decided to do away with the presumption of innocence should hardly come as a surprise. After all, the mere idea of the presumption of innocence is antithetical to human nature. It is natural for human-beings to presume that someone is guilty just because they have been accused of something. As the Roman jurist, Ulpian pointed out: the presumption of innocence flies in the face of that seductive belief that a person’s actions always result in fair and fit consequences. People like to believe that someone who has been accused of a crime must have done something to deserve it.

The presumption of innocence is the greatest legal protection the individual has against the state. It means that the state cannot convict anyone unless they can prove their guilt beyond any reasonable doubt. We should be willing to pay any price to preserve it. And we certainly shouldn’t allow extra-legal tribunals to do away with it just to satisfy their ideological proclivities.

R.I.P GEORGE H.W. BUSH

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President George Herbert Walker Bush died in his home on November 30th following a long battle with Vascular Parkinson’s disease. Below is a brief overview of his life:

  • Born June 12th, 1924 to Prescott Sheldon Bush (1895 – 1972) and Dorothy Bush (1901 – 1992).
  • Attended Greenwich Country Day School
  • Attended Phillips Academy in Andover Massachusetts from 1938
  • Held numerous leadership positions including President of the senior class, secretary of the student council, president of the community fund-raising group, member of the editorial board of the school newspaper, and captain of the varsity baseball and soccer teams
  • Served in the US Navy as a naval aviator from 1942 until 1945
  • Attained the rank of junior-grade Lieutenant
  • Earnt the Distinguished Flying Cross, Air Medal, and President Unit Citation
  • Married Barbara Bush (1925 – 2018) in January 1945
  • Fathered six children: President George W. Bush (1946 – ), Robin Bush (1949 – 1953), Jeb Bush (1953 – ), Neil Bush (1955 – ), Marvin Bush (1956 – ), and Doro Bush (1959 – ).
  • Enrolled at Yale University where he earnt an undergraduate degree in economics on an accelerated program which allowed him to complete his studies in two years.
  • Elected President of the Delta Kappa Epsilon fraternity
  • Captain of the Yale Baseball Team with whom he played two college world series as a left-handed batsman
  • Became a member of the secret Skull and Bones Society
  • Elected Phi Beta Kappa, America’s oldest academic honour society, upon graduating Yale in 1948.
  • Worked as an oil field equipment salesman for Dressler Industries
  • Established Bush-Overby Oil Development Company in 1951
  • Co-founded Zapata Petroleum Corporation, which drilled in Texas’ Permian Basin, in 1953
  • Became President of Zapata Offshore Company
  • After Zapata Offshore Company became independent in 1959, Bush served as its President until 1964 and then Chairman until 1966
  • Elected Chairman of the Harris County, Texas Republican Party
  • Ran against Democrat incumbent Ralph W. Yarborough for the US Senate in 1964, but lost
  • Elected to the House of Representatives in 1966
  • Appointed to the Ways and Means Committee
  • Ran against Democrat Lloyd Bentsen for a seat in the Senate in 1970, but lost
  • Served as the US Ambassador the United Nations from 1971 to 1973.
  • Served as Chairman of the Republican Nation Committee from 1973 to 1974.
  • Appointed Chief of the US Liason Office in the People’s Republic of China from 1974 to 1975.
  • Director of the Central Intelligence Agency from 1976 to 1977.
  • Chairman of the Executive Committee of the First International Bank in 1977
  • Part-time Professor of Administrative Science at Rice University’s Jones School of Businesses in 1978
  • Director of the Council On Foreign Relations between 1977 and 1979.
  • Sought the Republican nomination for President in 1980 but lost to Ronald Reagan.
  • Served as Vice President from 1981 to 1989.
  • Elected President of the United States in 1988.
  • President of the United States from 1989 to 1993.
  • Defeated by Bill Clinton in the 1992 Presidential election
  • Awarded an honourary knighthood by Queen Elizabeth II.
  • Chairman of the board of trustee for Eisenhower Fellowships from 1993 to 1999
  • Chairman of the National Constitution Centre from 2007 to 2009.
  • Became a widower after seventy-three-years of marriage.
  • Died November 30th, 2018 at the age of 94.

 

The Death of Comedy

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In March of this year, the vlogger Mark Meechan was convicted in a Scottish Court of violating the Communications Act 2003 for a video he had uploaded to YouTube in April 2016. The video, which Meechan claimed had been produced for comedic purpose (he claimed he wanted to annoy his girlfriend), featured a pug dog making Hitler salutes with its paw, responding to the command “gas the Jews” by tilting its head, and watching a Nazi rally at the 1936 Berlin Olympics.

The Scottish Court that convicted Meechan (who is much better known as ‘Count Dankula’) concluded that he had been motivated to produce the video by religious prejudice. Perhaps without realising it, by convicting Meechan, the Scottish legal system has illustrated the importance of free speech and the threat that political correctness poses to it.

Unfortunately, legally and politically incited attacks against both free speech and comedy are not limited to the United Kingdom. In Canada, politically correct inspired attempts to silence comedians have been instantiated into law. In one alarming case, the Quebec Human Rights Commission awarded Jeremy Gabriel, a disabled former child star, $35,000 in damages after he was ridiculed in a comedy routine by Mike Ward.

It is little wonder, then, that some comedians have seen cause for alarm. Some, like Chris Rock, now refuse to perform on college campuses because of the oversensitivity of some of the students. Others, like legendary Monty Python star John Cleese, have warned that comedians face an “Orwellian nightmare.”

Political correctness is the antithesis of comedy. It is not that comedians have been prevented from practising their craft, but that the pressures political correctness place on them makes it difficult to do so. The comedian feels himself pressured to self-censor himself because of the way words are categorised by their supposed offensive or inoffensiveness. And he finds himself fearful of having his words twisted and misinterpreted to mean something other than what he meant it to mean.

Much of the problem arises from a culture that has elevated politics to something approximating religion. And, like all zealots, the fanatics of this new religion have attempted to conform every aspect of society to their new faith. It is the job of the comedian to make me laugh. It is not his job, as some would have you believe, to play the role of political activist.

Unfortunately, that view is not one held by many on the radical left. In an article for the Sydney Morning Herald, Judith Lucy opined that people wanted to “hear people talk about politics or race.” And it seems that there are people who agree with Lucy. Comedy is not to be used to bring joy to people, but as a platform to espouse politics. Comedy has become a form of propaganda. And it is the liberal agenda that determines what is considered funny and what isn’t.

What the politically correct offer instead of genuinely funny comedy is comedy as a form of political activism. Comedy is to be used to spread progressive ideas and political correctness is to be used to silence that which opposes those ideas. Take, for example, Tim Allen’s sitcom Last Man Standing, which revolved around a conservative protagonist, which was cancelled by the American Broadcasting Company despite its popularity.

And nowhere can this trend of comedy as political activism can be seen more readily than in the current incarnations of late-night television. Legendary comics like Johnny Carson and David Letterman established late-night television as a form of entertainment that provided light-hearted entertainment before sending its audience off to bed. It was not afraid of offending people in order to do so, either. Today, however, this willingness to offend others seems only to be targeted towards those on the right of the political spectrum. It is as though the late-night comedian has decided to use his position to preach progressive politics to its audience rather than using their talent to make insightful and hilarious observations about the world around us. The result is that late-night host places commenting on political or social matters above entertaining his audience.

It is as though the late-night host has replaced humour for indignation. The “jokes” (in reality they are tirades) contain more than a modicum of vitriol and resentment. Samantha Bee referred to Ivanka Trump as a “feckless cunt”, Stephen Colbert accused President Trump of being Vladimir Putin’s “cock holster”, so on and so forth.

While it may seem alarming, it is precisely what happens when comedians see themselves as activists rather than entertainers. As Danna Young, Associate Professor of Communication at the University of Delaware, commented:

“When comics abandon humour and go with anger instead, they come just another ‘outrage’ host. Now, if that’s cool with them, great. But if they are looking to capitalise on the special sauce of humour, then they’ll need to take their anger and use it to inform their craft, but not have it become their craft.”

Fortunately, there is a litany of comedians who refuse to conform their comedy to the morays of political correctness and progressive politics. Numerous comedians have denigrated political correctness as the “elevation of sensitivity over truth” (Bill Maher) and “America’s newest form of intolerance” (George Carlin). Jerry Seinfeld, a man whose comedy routines are considered among the least offensive in comedy, referred to political correctness as “creepy” on Late Night with Seth Meyers. Bill Burr accused social justice warriors of being bullies. Likewise, Ricky Gervais has tweeted “if you don’t believe in a person’s right to say things you find ‘grossly offensive’, you don’t believe in free speech.”

And all of this is not to say that political correctness has destroyed genuinely funny comedy, either. Netflix has spent a great deal of money producing comedy specials that are, in many cases, far for inoffensive. Ricky Gervais comedy special Humanity has featured jokes about rape, cancer, transgenderism, AIDS, and the Holocaust.

Comedy has been threatened by both progressive politics and political correctness. Mark Meechan may have found himself running afoul of the politically correct left, but as long as their people who stand committed to free speech and comedians prepared to make offensive jokes, the laughter will continue.

IT’S TIME FOR A RETURN TO TRADITION

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Modernity is in trouble. From the menace of migrant crime in Europe to the sexual transgressions rife in modern-day Hollywood, the moral argument for modernity is quickly waning. How did things go so wrong? And how do we fix it? Perhaps a return to traditional values and ideals are in order.

The modern world developed over hundreds of years. The post-medieval period has seen the advent of tolerance as a social and political virtue, the rise of the nation-state, the increased role of science and technology in daily life, the development of representative democracy, the creation of property rights, urbanisation, mass literacy, print media, industrialisation, mercantilism, colonisation, the social sciences, modern psychology, emancipation, romanticism, naturalist approaches to art and culture, and the development of existential philosophy.  From the computer to the mobile phone, the motor car to the aeroplane, the marvels of the modern world are all around us.

The modern world has replaced the Aristotelean and faith-based concept of human life that was popular in the Middle Ages with a worldview based on science and reason. Modern intellectualism, therefore, follows the example set forth by Cartesian and Kantian philosophy: mistrusting tradition and finding its roots in science and rationality.

Culturally and intellectually, the 21st century represents the postmodern era. Postmodernism can be difficult to define accurately because the various cultural and social movements that use it as their central philosophy define it for their own purposes. Jean-Franҫois Lyotard (1924 – 1998), who introduced the term in his 1979 book, The Postmodern Condition, defined postmodernism as “incredulity towards metanarratives.” Similarly, Encyclopedia Britannica defines it as a philosophical movement in opposition to the philosophical assumptions and values of modern Western philosophy.

Postmodernism came about as a reaction, indeed a rejection, to modernity. With its roots in the philosophies of Friedrich Nietzsche (1844 – 1900), Martin Heidegger (1889 – 1976), Sigmund Freud (1856 – 1939), and Karl Marx (1818 – 1883), the postmodernist rejects the philosophical theory of Foundationalism – the idea that knowledge is built upon a solid foundation – in favour of large-scale scepticism, subjectivism, and relativism.

The postmodernist likes to see himself as Beowulf fighting Grendel. That is, he likes to see himself as the mythical hero fighting the historical-critical monster. Inspired by doctrines of white privilege and toxic masculinity, and driven by an anti-capitalist (except when it comes to their I-phones), anti-racist (provided the person isn’t white), anti-imperialist (but only European imperialism), and anti-transphobic (because gender is a “social construct”) rhetoric, the post-modernist inspired neo-Marxists and social justice warriors have invaded the modern university and college campus.

Modernity and post-modernism have produced a swathe of existential and moral problems that the Western world has, as of yet, proved unable (or perhaps even unwilling) to solve. To begin, the modern world has abolished the central role that God, nature, and tradition has played in providing life with purpose. In spite of all its cruelty, the German sociologist, Max Weber (1864 – 1920) saw the Middle Ages as a highly humanistic period. Everything was considered to have a divine purpose. Even someone as lowly as a Medieval serf, for example, could feel that he had a role in God’s greater scheme. There was a sense of, as Martin Buber (1878 – 1965) puts it, “I-thou.” Modernity swapped “I-thou” for “I-it”. The human will replaced God as the ultimate arbiter of meaning.

This problem has been further exacerbated by the alienation of the human spirit to nature. Science, for all of its positive qualities, has had the effect of rendering nature meaningless. No longer is a thunderclap the voice of an angry God, nor does a cave contain a goblin or a mountain harbour a giant. Science may be an excellent means for understanding facts, but it is not a substitute for wisdom or tradition when it comes to determining human purpose. No longer does the natural world command the sense of reverential majesty that it once did.

The answer to the problems of the modern, and, by extension, post-modern, world is a revitalisation of the traditional beliefs, values, ideas, customs, and practices that have made the Western world great in the first place. We must reject the destructive ideas espoused by the postmodernists and work to revitalise our traditions. It is high time we started taking some pride in the traditions that have made our civilisation so great.

Free Speech Matters

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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.

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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.

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Supreme Court

 

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.”

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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.

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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.

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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.

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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.

Vor 80 Jahren wurde Adolf Hitler als Reichskanzler vereidigt

A Nazi torch-light rally. 

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.

THE INFANTALISM OF CULTURE

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In an interview with the Radio Times, British actor Simon Pegg bemused on what he considered the infantilism of western culture. “Before Star Wars, the films that were box office hits were the Godfather, Taxi Driver, Bonnie and Clyde and the French Connection – gritty, amoral art movies”, Pegg commented, “then suddenly the onus switched over to spectacle and everything changed.”

Pegg continued, “now, I don’t know if that is a good thing. Obviously, I’m very much a self-confessed fan of science fiction and genre cinema. But part of me looks at society as it is now and just thinks we’ve been infantilised by our own taste. Now we’re essentially all consuming childish things – comic books, superheroes… Adults are watching this stuff, and taking it seriously!”

Perhaps this cultural shift is a sign of a greater decline into mass infantilism. The idea isn’t as ridiculous as one may think. The philosopher and cultural theorist, Jean Baudrillard, noted that the dominant forces in society often infantilize people to keep them pliable. And there is certainly a part of our personalities that longs for the innocence of childhood. As Stephen Fry commented in an interview with Dave Rubin:

“Nobody wants to believe that life is complicated, this is the problem. I suppose you might call it ‘the infantilism’ of our culture. There is deep infantilism in the culture and that extends in terms of the way they (people) think. They can’t bear complexity. The idea that things aren’t easy to understand, that there’s an um but there’s an ah, you have to think, there are gradations. No one wants that. They want to be told or they want to be able to decide and say ‘this is good, this is bad, I’m saying so. Anything that in any way conflicts with that is not to be born’.”

Today, the highest plateau of popular culture is ‘teen culture’. Hence our culture has become infused with completely vacuous entities: the Kardashians, Ariana Grande, Justin Bieber. Many adults are fans of child and adolescent fiction writers: J.K Rowling, Stephanie Meyer, and the like. In her book, the Death of the Grown-Up: How America’s Arrested Development is Bringing Down Western Civilization, author Diana West commented: “these days, of course, father and son dress more or less alike, from message-emblazoned T-shirts to chunky athletic shoes, both equally at ease in the baggy rumple of eternal summer camp. In the mature male, these trappings of adolescence have become more than a matter of comfort or style; they reveal a state of mind a reflection of a personality that hasn’t fully developed, and does want to – or worse, doesn’t know how.”

More alarming, however, is the inherent infantilism evident in youth politics. Like insolent children, these youths throw temper tantrums anytime anyone dares to question their precious, and false, worldview. Ultimately, when these progressive young people back a cause it is to attain ‘street cred.’ They become social media crusaders. But those among their ranks willing to take up arms and lay down their lives for their cause is vanishingly small. These pathetic little snowflakes feel traumatised whenever someone has the tenacity to disagree with them (of course, they have no problem with intimidating those who disagree with them).

And colleges and universities encourage this kind of behaviour! The official guidelines at Oberlin College in Ohio suggest that lectures avoid using ‘triggering’ materials. University safe spaces give special, snowflake students the option of hiding from dissent. Similarly, many young people complain of ‘microaggressions’: small words and actions that are considered harmful despite their lack of malicious content. But in most cases, these measures are forms of oppression disguised as benevolence. They are a means of silencing voices of dissent.

Don’t allow yourself to be seduced by this cult of infantilising escapism. Instead of watching Transformers try watching Schindler’s List, instead of reading Twilight try reading Macbeth or Hamlet, and rather than hiding behind your safe-spaces, trigger warnings, and micro-aggressions try listening to what the other person has to say. Who knows? Maybe you might learn something.

MOONLIGHT SERENADE

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This week for our cultural article we will be looking at Glenn Miller’s signature tune, the dreamy ballad Moonlight Serenade.

BIG BAND JAZZ

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Moonlight Serenade is a classic of Big Band Jazz, a popular form of music during the Swing Era of the 1930s and 1940s. Unlike smaller jazz combos, which relies heavily on improvisation, Big Band Jazz is usually highly arranged. It typically involves ten or more musicians, including a minimum of three trumpeters, two or more trombonists, four or more saxophonists, and a rhythm section consisting of a pianist, bassist, guitarist, and drummer

GLENN MILLER

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Glenn Miller was born on March 1st, 1904 in Iowa. His family moved frequently through his childhood: first to Missouri, then to Nebraska, before finally settling in Colorado in 1918. Miller briefly played the mandolin before switching to the trombone. He played in the school band while attending High School in Fort Morgan, Colorado.

Upon graduating in 1921, Miller joined Boyd Senter’s Orchestra. He left the band briefly in 1923 to attend college, but quit after a year to return to music. He worked with the Ben Pollack Band in Los Angeles, California, before moving to New York City to work as a freelance trombonist and arranger.

In 1934, Miller became the musical director for Tommy Dorsey’s Band. The next year, Miller would form an American orchestra for British bandleader, Ray Noble. That same year, Miller formed his own band and began recording under his own name.

The Glenn Miller Orchestra found fame in 1939 when it performed at the Glen Island Casino in New Rochelle, New York.  The performance was broadcasted on the radio, exposing Glenn Miller to millions of people.

On December 15th, 1944, the transport plane taking Miller to the newly liberated Paris disappeared. He was forty-years-old.

THE SONG

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Moonlight Serenade was written in 1935 when Miller was working as a trombonist with the Ray Noble Band. In 1938, Miller used the song has a theme for his NBC radio broadcast.  On April 4th, 1939, Miller recorded Moonlight Serenade as a b-side for Sunrise Serenade.  The song became a success, becoming a top ten hit on the US Pop Charts, and reached number three on the Billboard charts, where it stayed for fifteen weeks.

Miller’s Moonlight Serenade symbolises the sound of a by-gone era. An era when men wore suits and women wore dresses, and when Big Band Jazz ruled the airwaves. Why not consider giving it a listen?