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Anti-Catholic Bigotry Masquerades as Common Decency

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Last month, the Catholic Archbishop of Queensland, Mark Coleridge voiced his opposition to calls for Priests to become mandatory reporters, a move that would destroy the seal of the confessional. Coleridge warned that forcing Priests to break the seal of the confessional would have the effect of turning them into “agents of the state” rather than “servants of God.”

That, of course, is precisely the point. It is beyond doubt that many of the accusations of child abuse leveled against the Church have been well-founded. It is also beyond doubt that the Catholic Church has not always responded to such accusations with the seriousness they ought to have. However, it would be equally true to claim that the spectre of child abuse has been used as an excuse to conjure up anti-Catholicism.

Of the 409 individual recommendations generated by the Royal Commission on Child Abuse, several are targeted directly at religious institutions (and the Catholic Church specifically). First, it has been recommended that Priests be mandated to report confessions of child abuse. Second, that children’s confessions should occur in a public place where Priest and child can be observed by an adult. Third, that “the Australian Catholic Church should request permission from the Vatican to introduce voluntary celibacy for diocesan clergy.” Fourth, that candidates for religious ministry undergo independent psychological evaluation. And fifth, that “any person in religious ministry who is the subject of a complaint of child sex abuse which is sustained, or who is convicted of an offence relating the child sex abuse, should be permanently removed from ministry.”

Such proposals are not only impractical, but dangerous. They would have the effect of not only destroying the seal of the confessional, but of destroying the separation of Church and State. It would give the authorities the power to place the Church under observation and to stack it with clergymen who support their political and social agenda.

Nobody says anything about this blatant disregard for our most common civil liberties and democratic values. The fact of the matter is that the Catholic Church has always been an easy target. It is neither progressive nor nationalistic making it a target of condemnation for both the far left and the far right. The far left hates the Catholic Church because it stands in favour of traditionalism. The far-right hates members of the Catholic Church because they see it as something akin to fealty to a foreign power.

And like all bigots, anti-Catholics have chosen to target and destroy a high-profile target. Cardinal George Pell has become a scapegoat for child sex abuse committed within the Catholic Church. The mainstream media has been quick to paint Pell as a power-mad, sexually depraved Cardinal rather than the reformer that he actually was.

As Archbishop of Melbourne, Pell was instrumental in instigating investigations into allegations of child abuse and providing compensation for victims. That, however, made not the slightest difference, nor did the improbability of the accusations. (As Pell’s own defence team pointed out: not only did the security and layout of Melbourne’s Catholic Cathedral render such abuse impossible, Pell had no opportunity to commit such crimes). When he was accused of abusing two boys in the 1990s, Pell’s guilt was assumed for no other reason than that he was a Catholic Archbishop.

Archbishop Mark Coleridge is right to criticise anti-religious measures embedded in the Royal Commission’s report. The reality is that Australia’s modern, secular institutions are focused primarily on destroying the influence of the Catholic Church in Australia. The idea that they care about the safety and well-being of children is patently absurd.

 

ISRAEL FALOU’S BATTLE WITH RUGBY AUSTRALIA IS A TEST FOR ALL AUSTRALIANS

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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.

PRIESTS SHOULDN’T BE FORCED TO VIOLATE THE SEAL OF THE CONFESSIONAL

Pope Francis hears confession during penitential liturgy in St. Peter's Basilica at Vatican

Priests and Ministers of Religion in South Australia will be required to report child abuse confessed to them under new laws that come into effect in October.

The Children and Young People (Safety) Act 2017 has replaced the Children’s Protection Act 1993. The Attorney General’s Department has claimed that these changes will “better protect children from potential harm, and align with the recommendations of the recent Royal Commission into Institutional Responses to Child Sex Abuse.”

These new laws represent a disturbing phenomenon. Namely, the use of a highly emotive issue as a means for undermining the rights and freedoms of others. This law, and others around Australia (the ACT Parliament has passed similar laws with almost universal support), blatantly violates both religious liberty and the right to privacy.

Confession is one of the most important aspects of the Catholic Faith. Comprising one of the seven sacraments (the others being Baptism, Eucharist, Confirmation, the anointing of the sick, and Holy Orders), Catholics believe that an individual who confesses his sins is speaking directly with God. Whatever is confessed remains between that individual and God.

The privacy of the Confessional is known as “the Seal.” The Vatican has had strict rules on the privacy of the confessional since 1215 and Priests are bound by a sacred vow not to break the seal. A Priest who breaks the seal, even after the penitent has died, faces excommunication.

Some critics have accused the supporters of these new laws of undermining religious liberty and of targeting the Catholic Church. The Archbishop of Canberra and Goulburn, Christopher Prowse, criticised the law, say: “The Government threatens religion freedom by appointing itself an expert on religious practices and by attempting to change the sacrament of confession while delivering no improvement on the safety of children.”

Some priests have even claimed that they would rather go to prison than break the seal of the confessional.

At some point, people are going to have to realise that children are not the centre of the universe. They are going to have realise that their safety is not so important that it trumps the rights and freedoms of everybody else. The laws passed by the Parliament of South Australia are an absolute violation of religious liberty and the separation of church and state.

Countries like Australia have had a great tradition of separating politics from religion. Now it seems that this distinction only goes one way. It is seen as totally unacceptable for the Church to use its power and influence to affect politics, but for some reason it is seen as perfectly acceptable for the state to interfere in religion.

One cannot help but cynically suspect that politicians in South Australia are using children as a backdoor method for allowing the all-seeing eye of the state into relationships that were once deemed absolutely private. That which is confessed to a Priest ought to remain absolutely private. The contents of my conscience (or anyone else’s, for that matter) are none of the state’s business.

Those who support this blatant attack on the rights and liberties of others should ask themselves what their opinion would be if the law violated their private relationship with their doctor, lawyer, or psychiatrist.

IN DEFENCE OF CHRISTIANITY

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In 2017, the online video subscription service, Hulu, embarked on the production of Margaret Atwood’s (1939 – ) 1985 novel, The Handmaid’s Tale. The story is set in the fictional, totalitarian state of Gilead: a society run by fundamentalist Christians who overthrew the previous secular state and set up a theocracy in its wake. For years, influential thought leaders and other arbiters of popular opinion have espoused the opinion that broader society would greatly benefit from the abolition of Christianity. It is my belief that such an occurrence would have precisely the opposite effect.

No group has criticised Christianity more than the New Atheists. Frequently deriding it as nothing more than “science for stupid people”, prominent New Atheists have ridiculed Christianity and dismissed its positive effects. Atheists and anti-Christians turn Christianity into a straw man by reducing it down to his most basic elements (they are helped, unfortunately, by those fundamentalist Christians who still assert that the earth is literally six-thousand years old). They then use this straw man to discredit the idea of faith. The philosopher, Sam Harris (1967 – ) argued in his book, The End of Faith that religious belief constituted a mental illness. More alarmingly, the British Scientist, Richard Dawkins (1941 – ) took things one step further by claiming that religious instruction constituted a form of child abuse.

The basis for much of Christianity’s negative portrayal finds its roots in the philosophies of the political left. A central tenet of the left-wing worldview is an adherence to secularism, which appears set to replace Christianity as the prevailing cultural belief system. (This is not to be confused with atheism, which denies the existence of a creator). On the one hand, secularism promotes both religious liberty and the separation of church and state (both of which are good things). On the other hand, however, proponents of secularism reject the knowledge and wisdom religious institutions can impart on the world. In a secular society, God can be believed to exist, but not in any sort of a productive way. God is something to be confined the private home or the sanctuary of one’s local Church. God is something to be worshipped behind closed doors where no one can see you.

Of course, anti-Christian rhetoric has been a facet of popular culture since the 1960s. Today, finding a positively-portrayed devout Christian family is about as likely as finding a virgin in the maternity ward. Christians are routinely depicted as stupid, backwards, hateful, and extreme. By contrast, atheists are routinely depicted as witty, intelligent, and tolerant. In short, Atheism is deemed as good and Christianity is deemed as bad. And, of course, this attitude has filled some with a kind of arrogant grandiosity. During an interview in 1966, John Lennon (1940 – 1980) opined: “Christianity will go. It will vanish and shrink. I needn’t argue with that; I’m right and I will be proved right. We’re more popular than Jesus now; I don’t know which will go first, rock and roll or Christianity.”

The mainstream media rarely discusses the persecution of Christians. Indeed, prejudice and discrimination against Christianity is treated with a type of permissiveness that prejudice and discrimination against other religions, Islam being a primary example, is not.

Christians are estimated to be the victims of four out of five discriminatory acts around the world, and face persecutions in one-hundred-and-thirty-nine countries. Churches have been firebombed in Nigeria. North Koreans caught with Bibles are summarily shot. In Egypt, Coptic Christians have faced mob violence, forced removals, and, in the wake of the Arab spring, the abduction of their females who are forced to marry Muslim men.

In China, Christian villagers were instructed to remove pictures of Christ, the Crucifix, and Gospel passages by Communist Party officials who wished to “transform believers in religion into believers in the party.” According to the South China Morning Post, the purpose behind the drive was the alleviation of poverty. The Chinese Communist Party believed that it was religious faith that was responsible for poverty in the region and wanted the villagers to look to their political leaders for help, rather than a saviour. (Wouldn’t it be wonderful if the Chinese Communist Party looked at their own evil and ineffective political ideology as the true cause of poverty in their country rather than blaming it on religion?). As a result, around six-hundred people in China’s Yugan county – where about ten percent of the population is Christian – removed Christian symbology from their living rooms.

Popular culture and thought in the West has attempted, with a great deal of success, to paint Christianity as stupid, backwards, dogmatic, and immoral. It is the presence religion that is to blame for holding the human race back. It is religion that is to blame for racism, sexism, and all manner of social injustices. It is religion that is the cause of all wars. So, on and so forth.

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I strongly disagree with this argument. Indeed, it is my belief that the abolishment of Christianity from public life would have the effect of increasing intolerance and immorality. Christianity’s abolishment will have precisely this effect because it will abolish those metaphysical doctrines – divine judgement, universal and absolute morality, and the divinity of the human soul – that has made those things possible.

Christianity and Western Civilisation are inextricably linked. In the field of philosophy, virtually all Western thinkers have grappled with the concepts of God, faith, morality, and more. As the writer, Dinesh D’Souza (1961 – ) wrote in his book, What’s So Great About Christianity:

“Christianity is responsible for the way our society is organised and for the way we currently live. So extensive is Christian contribution to our laws, our economics, our politics, our art, our calendar, our holidays, and our moral and cultural priorities that J.M. Robers writes in Triumph of the West: ‘We could none one of us today be what we are if a handful of Jews nearly two thousand years ago had not believed that they had known a great teacher, seen him crucified, died, and buried, and then rise again’.”

The primary contribution of Christianity to Western civilisation has been to act as a stabilising force, providing society with an overarching metaphysical structure as well as rules and guidelines that act as a moral foundation. This shared metaphysical structure and moral foundation, combined with traditions and cultural customs, has the effect of bringing a country, a township, even a school or parish, together.

When Christianity lost its supremacy in society it was replaced by smaller, less transcendent and more ideological, belief systems. Where people had once been unified by a common belief, they have now become more divided along ideological lines. Religious belief has not been replaced by rationalism or logic, as the New Atheists supposed. Rather, people have found outlets for their need to believe in other places: social activism, political ideologies, and so forth.

The most prevalent contribution that Christianity has made to the Western world comes under the guise of human rights. Stories like The Parable of the Good Samaritan have had a remarkable influence on its conception. Human rights stem, in part, from the belief that human beings were created in the image of God and hold a divine place in the cosmos.  Christianity has played a positive role in ending numerous brutal and archaic practices, including slavery, human sacrifice, polygamy, and infanticide. Furthermore, it has condemned incest, abortion, adultery, and divorce. (Remarkably, there are some secularists who wish to bring back some of these antiquated practices).

Christianity placed an intrinsic value on human life that had not been present in pre-Christian society. As the American Pastor, Tim Keller (1950 – ) wrote in Reasons for God: “It was extremely common in the Greco-Roman world to throw out new female infants to die from exposure, because of the low status of women in society.” Roman culture was well known for its brutality and callousness. Practices of regicide, gladiatorial combat, infanticide, and crucifixion were all common. Seneca (4BC – AD65), Nero’s (AD37 – AD68) chief advisor, once stated that it was Roman practice to “drown children who, at birth, are weakly and abnormal.”

Christian morality has had a notable effect on our views on human sexuality and has helped to provide women with far greater rights and protections than its pagan predecessors. Christianity helped to end the hypocritical pagan practice of allowing men to have extra-marital affairs and keep mistresses. It formulated rules against the cohabitation of couples prior to marriage, adultery, and divorce. Unlike the Ancient Greeks and Ancient Romans, Christians do not force widows to remarry, and even allowed widows to keep their husband’s estates.

The Christian faith has been instrumental in the enactment and promotion of public works. The instigator of the Protestant Reformation, Martin Luther (1483 – 1546) championed the idea of compulsory education and state-funded schools. Similarly, the Lutheran layman, Johann Sturm (1507 – 1589) pioneered graded education. Christianity has been the source of numerous social services including health-care, schooling, charity, and so forth. Christianity’s positive belief in charity and compassion has lead to many orphanages, old-age homes, and groups like the Sisters of Charity and Missionaries of the Poor, the YMCA and YWCA, Teen Challenge, the Red Cross, and numerous hospitals and mental health institutions being founded by the faithful.

One of the frequent criticisms levelled at the Christian faith, particularly the Catholic Church, has been that it has stymied scientific and technological development. In truth, Western science and technology have been able to flourish because of the influence of Christianity, not in spite of it. This is because the Christian belief that God created everything lends itself to the idea that everything is worth contemplating. It is certainly true that the Catholic Church has been hostile to those discoveries that do not conform to its doctrine. Galileo, for example, was forced to retract his claim of heliocentrism because it challenged the Church’s doctrine that the earth acted as the centre of the solar system. For the most part, however, Christianity has been largely supportive of scientific endeavour. Christian scientists have included Gregor Mendel (1822 – 1884), Nicolaus Copernicus (1473 – 1543), Johannes Kepler (1571 – 1630), Galileo Galilei (1564 – 1642), Arthur Eddington (1882 – 1944), Isaac Newton (1643 – 1727), Blaise Pascal (1623 – 1662), Andre Ampere (1775 – 1836), James Joule (1818 – 1889), Lord Kelvin (1824 – 1907), Robert Boyle (1627 – 1691), George Washington Carver (1860s – 1943), Louis Pasteur (1822 – 1895), Joseph Lister (1827 – 1912), Francis Collins (1950 – ), William Phillips (1914 – 1975), and Sir John Houghton (1931 – ), and more.

The forces behind the stratospheric success of Western civilisation has not been its art or music or architecture, but the ideas it has built itself upon. It is notions like the rule of law, property rights, free markets, a preference for reason and logic, and Christian theology that are responsible for making Western society the freest and most prosperous civilisation that has ever existed. It cannot survive with one of its central tenents removed.

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.

A WIN FOR CHRISTIAN BAKERS

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The Department of Justice has filed a brief on Thursday on behalf of baker, Jack Phillips.

Phillips was found to have violated Colorado’s anti-discrimination laws after he refused to bake a cake for Charlie Craig’s and David Mullin’s “wedding” in 2012. Phillips had argued that baking a cake for gay wedding violated his religious beliefs.

The Justice Department has concurred, stating that the cakes he produces constitute a form of expression and that he should not be compelled to use his talents to express support for something he does not believe in. Acting Solicitor General, wrote in the legal brief:

“Forcing Phillips to create expression for and participate in a ceremony that violates his  sincerely held religious beliefs invades his First Amendment rights.”

The American Civil Liberties Union has responded to the move by calling it “shocking.” Similarly, Democratic Senator for California, Kamala Harris, tweeted:

“Shame on the Justice Department for siding with discrimination. It has no place in our society.”

It is refreshing to see a Justice Department that is committed to protecting both free markets and the religious liberties of the American people. For too long, the gay rights lobby has been able to intimidate those who do not share their views. This decision represents a Justice Department and an administration that is committed to protecting everyone’s rights and liberties, not just the imaginary rights of an outspoken minority.