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The Jury System is a cornerstone of justice and liberty. However, they are also controversial. On the one hand, there are those who see the jury system as an integral part of a free and impartial justice system. On the other hand, there are those who doubt the jury’s ability to deliver fair and honest verdicts.
Let’s start with the obvious fact that juries are far from perfect. They are imperfect because the people who make them up are imperfect. Ignorance is one major problem. Opponents of the jury system argue, with some justification, that it is too dangerous to place the fate of another human being in the hands of people incapable of understanding the complexities of the cases they are judging. Often those tasked with deciding the outcome of cases lack the technical or legal knowledge to adequately interpret the evidence and testimony being presented to them. It has been suggested that in these cases individual jurors will often resort to pre-conceived beliefs or allow themselves to be influenced by jurors with more knowledge – whether real or perceived – than they have.
Ignorance, however, is an easily solved problem. Why not select jury members based on their familiarity with the subject matters under discussion? Someone who works in the finance industry – bankers, financial advisors, accountants, and so forth – would be more equipped to judge financial-based crimes than the layperson.
Then there’s the question of who can sit on a jury. In the United Kingdom an individual needs to be aged between eighteen and seventy, have been a resident of the UK for at least five years since the age of thirteen, and must be mentally stable to serve on a jury. It would more than reasonable to suggest that qualifications for jury duty ought to be more stringent than they are. It is more than reasonable to suggest that the age limit ought to be raised from eighteen to perhaps twenty-five (if not older) and that jurors under the age of forty ought to have certain intellectual qualifications. This would ensure that those tasked with determining guilt or innocence would have the wisdom and/or intelligence to comprehend the grave nature of the responsibility they have been burdened with.
Those who criticise juries also argue that they are prone to bias and prejudice. In one shocking case, Kasim Davey was jailed for contempt when he boasted: “I wasn’t expecting to be in a jury deciding a paedophile’s fate. I’ve always wanted to fuck up a paedophile and now I’m within the law.” (Seemingly it never occurred to Mr. Davey that the man he was judging may have been innocent). Likewise, it is well known that many African American defendants were condemned by all-white juries in the Jim Crow South.
However, much of this is a red-herring. Professor Cheryl Thomas, the director of the Jury Program at University College of London, spent ten years analysing every jury verdict in England and Wales taking into account the race and gender of both defendants and jurors. Professor Thomas concluded that:
“There’s no evidence of systematic bias, for instance, against members of ethnic minorities, or that men are treated differently than women, that if you live in a particular part of the country or you have a certain background that you’re more likely to be convicted than others.”
Besides, those who criticise the jury system forget that juries reflect the values and principles of their society. If juries repeatedly deliver unjust verdicts it is because there is a sickness in that society. The fact that all-white juries tended to convict African American defendants merely because they were black is a reflection on the virulently racist nature of that society, not of the jury system itself. Today, the legal system is careful to disqualify those jurors who may harbour prejudices that will inhibit their ability to judge the facts impartially. Courts are very quick to disqualify jurors who may know the defendant or alleged victim, those with emotional links to the case (i.e. a victim of rape sitting on the jury of a rape trial), and so forth.
Lord Devlin, the second-youngest man to be appointed to the English High Court in the 20th century, once described the jury system as “the lamp which shows where freedom lives.” The principle behind juries is that the individual ought to be judged by his peers based on community standards, not by the politically elite. Without juries, our legal system would be dominated by judges and lawyers. What lies at the centre of the debate over juries is the question of whether the whole of society or just the elite should be involved in the dispensation of justice.
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.
There is an old adage which states that you do not know how big a tree is until you try and cut it down. Today, as cultural forces slowly destroy it, we are beginning to understand that the same thing can be said about personal responsibility.
Society no longer believes that people ought to bear their suffering with dignity and grace. Rather, it now believes that the problems of the individual ought to be made the problems of the community. Individual problems are no longer the consequence of individual decisions, but come as the result of race, gender, class, and so forth.
The result of this move towards collective responsibility has been the invention of victim culture. According to this culture, non-whites are the victims of racism and white privilege, women are the victims of the patriarchy, homosexuals are the victims of a heteronormative society.
The 20th century is a perfect example of what happens when responsibility is taken from the hands of the individual and placed in the hands of the mob. The twin evils of communism and Nazism – which blamed the problems of the individual on economic and racial factors, respectively – led to the deaths of tens of millions of people.
Furthermore, such ideologies led otherwise decent individuals to commit acts of unspeakable violence. Whilst observing the trial of Adolf Eichmann, a former SS soldier who had been one of the architects of the Holocaust, the writer, Hannah Arendt was struck by the “banality of evil” that had characterised German war atrocities. Arendt noted that the men who conspired to commit genocide were not raving lunatics foaming at the mouth, but rather dull individuals inspired to commit evil due to a sense of duty to a toxic and corrupt ideology.
The Bolsheviks taught the Russian people that their misfortune had been caused by the wealthy. And that the wealth was gained through theft and exploitation. Likewise, the Nazis convinced the German people that their problems could be blamed on the Jews. It is not difficult to see how this philosophy led, step by step, to the gulags and the concentration camps.
The same thing is happening today. The only difference is that those who play it have become more sophisticated. Today people are encouraged to identify with identity groups ranked by so-called social privilege. Then they are taught to despise those with more social privilege than them.
Under this philosophy, crime is not caused by the actions of the individual, but by social forces like poverty, racism, and upbringing. Advocates claim that women should not be forced to take responsibility for their sexual behaviour by allowing them to essentially murder their unborn children. Sexually transmitted diseases like HIV is caused by homophobia rather than immoral and socially irresponsible behaviour. And alcoholism and drug addiction are treated as a disease rather than a behaviour the addict is supposed to take responsibility for. The list is endless.
Personal responsibility helps us take control of our lives. It means that the individual can take a certain amount of control over his own life even when the obstacles he is facing seem insurmountable.
No one, least of all me, is going to argue that individuals don’t face hardships that are not their fault. What I am going to argue, however, is that other people will respect you more if you take responsibility for your problems, especially if those problems are not your fault. Charity for aids sufferers, the impoverished, or reformed criminals is all perfectly acceptable. But we only make their plight worse by taking their personal responsibility from them.
Responsibility justifies a person’s life and helps them find meaning in their suffering. Central to the Christian faith is the idea that individuals are duty bound to bear their suffering with dignity and grace and to struggle towards being a good person. To force a man to take responsibility for himself is to treat him as one of God’s creations.
You cannot be free if other people have to take responsibility for your decisions. When you take responsibility from the hands of the individual you tarnish his soul and steal his freedom.
Freedom from responsibility is slavery, not freedom. Freedom is the ability to make decisions according to the dictates of own’s own conscience and live with the consequences of that decision. Freedom means having the choice to engage in the kind immoral behaviour that leads to an unwanted pregnancy or AIDS. What it does not do is absolve you from responsibility for those actions. Slavery disguised as kindness and compassion is still slavery.
Just over a month ago, a crazed gunman entered the Al Noor Mosque in Christchurch. Armed with an arsenal of weapons which included semi-automatic firearms, he began to shoot worshippers engaged in Friday prayers.
Fifteen minutes later, the gunman repeated his dastardly deed at the Linwood Islamic Centre. In the end, fifty people lay dead and thirty-six lay injured. The entire incident was broadcast live on Facebook.
Jacinda Ardern, New Zealand’s Prime Minister, denounced the massacre as a ‘terrorist attack.’ She echoed the sentiments of the general public. In response to the attacks, three thousand people participated in a “march for life” in Christchurch carrying signs that read “Muslims welcome, racists not”, “he wanted to divide us, he only made us stronger”, and “Kia Kaha”, which means “stay strong” in Maori.
The Muslim call to prayer was broadcast on television and radio with twenty-thousand-people attending prayer services in the park across from the Al Noor Mosque. And two New Zealand rugby teams – the Chiefs and the Hurricanes – paused for a moment’s silence before the Super Rugby game in Hamilton.
New Zealanders have been praised for their unity and compassion in response to the attacks. But what would happen if the roles were reversed? When it is not a Westerner killing Muslims, but rather a Muslim killing Westerners? Then the response, or lack of response, is rather telling.
At this stage, I should point out that what happened in New Zealand was an act of evil. The massacre of any group of people for any reason whatsoever is an act of evil. I am not trying to condone attacks against Muslims, I am merely trying to expose to the hypocrisy of our so-called betters.
The point I am trying to make is not that the Christchurch massacre was somehow a form of justified retribution. It clearly was not. The point I am trying to make is that our leaders say one thing when an attack is perpetrated by Muslims and another when the attack is perpetrated against Muslims.
To put it bluntly, whenever a terrorist attack occurs involving a Muslim or a group of Muslims, politicians and the media are quick to downplay the Islamic elements. But if it is a Westerner targeting Muslims, or any other minority group, accusations of racism and xenophobia are repeated ad nauseum.
Whenever a Muslim, whether affiliated with a terrorist organisation or not, commits an act of terror, his actions are typically met by that all-too-common disclaimer: “it had nothing to do with Islam.” Even when the perpetrator expressly states that he is committing his heinous deed in the name of Islam it still has “nothing to do with Islam.”
The British journalist, Douglas Murray made similar observations when he appeared on Fox and Friends. “We’ve had a different response when it comes to Islamic terror”, he stated. “Consistently we find out there are people [after a terrorist attack] who knew about the extremism [and] didn’t report it, members of the community who say they don’t want to go the British police, and we find out Mosques people attended are being run by radicals.”
Murray has accused the West of resorting to the “John Lennon” response to terrorism. “They blow us up, we sing Imagine”, he says. “Our politicians still refuse to accurately identify the sources of the problem and polite society remains silent.”
I think it is self-evident that there would have been an entirely different response had it been a Muslim perpetrator attacking Westerners. There would not have been the protests, the moment’s silence, the religious and cultural messages broadcast on television and radio. Politicians and media identities would not have condemned the attacks as viscerally or as quickly as they did. There simply would not have been the same level of outrage. Instead, the Islamic elements would have been dismissed and the incident largely would have been ignored.
It is hard to believe that this kind of willful ignorance boils down to mere incompetence. To acknowledge that Islam has been responsible for a great deal of misery in the world is to go against the narrative that anyone who is not a straight, white, male, Christian is a member of a victim group. To acknowledge Islam’s role in a great deal of the misery in the world is to acknowledge that Muslims can be, and frequently are, the villains.
The left and the media, but I repeat myself, reacted to the Christchurch massacre in the way that they did because they want to elevate Muslims to the category of victim. It is a blatant attempt to sell black and white and white as black. And if you dare suggest the advertisement is misleading, you’re a bigot.
It really boils down to virtue signalling. That self-centred and cowardly habit of making vacuous comments in an attempt to make yourself look good. Public figures will now say anything that makes themselves appear more virtuous than everybody else. They resort to making statements that appear say something intelligent without really saying anything at all.
It has been over fourteen-year since David Reimer, the victim of an insane and evil scientific experiment, committed suicide. After his penis had been burnt off in a botched circumcision, David’s parents had turned to the infamous sexologist and social constructionist, Dr. John Money for help. Following Dr. Money’s advice, David’s parents agreed to allow a sex change operation to be performed on their young son and raised him as a girl.
Despite Dr. Money’s boasting that his experiment had been a success, however, David Reimer did not settle comfortably into his female identity. David tore up his dresses at three, asked if he could have his head shaved like his father, and engaged in all manner of boyish behaviour. David was bullied at school and, upon hitting puberty, decided that he was a homosexual (in reality, of course, he was heterosexual).
Finally, when he was fourteen David’s parents revealed the truth about his gender identity. David reverted to his masculine identity, broke off contact with Dr. Money whom he described as an abusive brainwasher, and received a non-functioning penis through phalloplasty. Unable to handle the immense psychological damage that had been inflicted upon him, David Reimer blew his brains out with a shotgun at the age of thirty-eight.
For all of human history, boy has meant boy and girl has meant girl. Traditionally, sex was used to refer to the biological markers of gender. If you were born with a penis and an XY chromosome, you were a man. If you were born with a vagina and an XX chromosome, you were a woman. One’s gender expression was thought to compliment one’s biological sex. A biological man would have masculine personality traits and a biological female would have feminine personality traits. These complimentary characteristics, among them body shape, dress, mannerisms, and personality, were thought to be produced by a mixture of natural and environmental forces.
Recently, however, gender theorists have begun to question the relationship between biological sex and gender identity. They argue that gender, which they see as distinctive from sex, is a social construct. Since gender refers to the expression of masculinity and femininity, gender is something that a person acquires. (Needless to say, this movement is driven by a pernicious post-modern, Neo-Marxist worldview). Under this philosophy, gender expression is the manner in which a person expresses their gender identity. Gender identity is expressed through dress, behaviour, speech, and nothing else besides.
Neuroplasticity provides the gender theorist with perhaps his greatest argument. If underlying brain processes are theoretically strengthened through repetitive use, it follows that gender identity comes from a narrowing down of potential gender categories through the repetitive use of certain brain processes. However, it also reveals a fatal flaw in the gender theorist’s (and social constructionist’s) philosophy. If the human brain is so malleable that an individual’s gender identity is constructed, then why can’t the brain of a transgender person be adapted out of its transgenderism?
The primary problem with gender theory is that it just plain wrong. The idea that gender is distinct from sex has absolutely no basis in science whatsoever. As Jordan Peterson, the Canadian psychology/philosopher, has stated: “the idea that gender identity is independent of biological sex is insane. It’s wrong. The scientific data is clear beyond dispute. It’s as bad as claiming that the world is flat.” Men and women differ both at the cellular and the temperamental level. Unlike men, for example, women menstruate, they can have babies, and they show a slew of personality characteristics that mark them as different from men. David C. Page, the Director of the Whitehead Institution at the Massachusetts Institute of Technology, has even claimed that genetic differences exist at the cellular level asserting that “throughout human bodies, the cells of males and females are biochemically different.” These differences even affect how men and women contract and fight diseases.
The philosopher Alain de Benoist has also strongly criticised gender theory. De Benoist argued against the scientific errors and philosophical absurdities in his work Non à la théorie de genre (No to Gender Theory).
First, De Benoist points out that the gender theorists have used the fact that some gender characteristics are socially constructed to argue that all characteristics are socially constructed.
Second, De Benoist argued that the “hormonal impregnation of the foetus” (as De Benoist puts it) causes the brain to become genderised because it has a “direct effect on the organisation of neural circuits, creating a masculine brain and a feminine brain, which can be distinguished by a variety of anatomical, physiological, and biochemical markers.”
Third, De Benoist argued that biological sex has a profound effect on the way people think, act, and feel. In order to support their theory, gender theorists are forced to deny the natural differences between men and women. De Benoist wrote:
“From the first days of life, boys look primarily at mechanized objects or objects in movement while girls most often search for visual contact with human faces. Only a few hours after birth, a girl responds to the cries of other infants while a boy shows no interest. The tendency to show empathy is stronger in girls than in boys long before any external influence (or “social expectations”) have been able to assert themselves. At all ages and stages of development, girls are more sensitive to their emotional states and to those of others than boys … From a young age, boys resort to physical strategies where girls turn to verbal ones … From the age of two, boys are more aggressive and take more risks than girls.”
Furthermore, gender theory cheapens what it means to be a man or a woman. And, by extension, it denigrates the contributions that each gender has to make to civil society. Gender values give people ideals to strive for and helps them determine the rules that govern human interactions. The idea that men and women ought to be treated the same is ludicrous beyond belief. No parent would like to see their son treat a woman the same way they treat their male friends. Men have been taught to be gentlemen and women have been taught to be ladies for a reason.
All of this is not to say, however, that those pushing transgender rights do not have a case. They are right when they claim that the transgender peoples of the world face discrimination, prejudice, and violence. Some countries treat transgenderism as a crime, and it is certainly true that transgender people are more likely to be victims of violence, including murder. A reasonable transgender rights argument would be that transgender people cannot help their affliction and that society ought to treat them with kindness, tolerance, and compassion.
Unfortunately, that is not the argument that gender activists like to make. Rather than focusing on promoting tolerance, gender activists have instead sought to do away with gender distinctions altogether (which is, more likely than not, their actual aim). Using a very tiny minority of the population as their moral basis, the gender activists are attempting to force society to sacrifice its traditional classifications of male and female.
Transgenderism is clearly a mental health disorder. In the past, it was referred to as “gender dysphoria”, considered a mental illness, and treated as such. To assert the fact that transgenderism is a mental health disorder is not a denial of an individual’s integral worth as a human being. It is merely the acknowledgement of the existence of an objective reality in which gender is both binary and distinct. Unfortunately, this is not the attitude of those who influence public opinion. Consequently, programs for LGBTQ youth have seen an increase in youth who identify as transgender. The transgender journalist, Libby Down Under, has blamed instances of rapid-onset gender dysphoria on the normalisation of transgenderism in the culture. With a slew of celebrities coming out as transgender (former Olympian Bruce Jenner being a primary example), and with transgender characters being featured on numerous television shows, many teens and tweens have suddenly decided that they are transgender despite having no prior history of gender confusion.
Transgender youth increasingly feel that it is their right to express themselves however they please. And they feel that it is their right to silence all who dare to criticise or disagree with that expression. Cross-living, hormone therapy, and sex reassignment surgery are seen as part of this self-expression. Alarmingly, the mainstream response of psychotherapists to these children and adolescents is the “immediate affirmation of [their] self-diagnosis, which often leads to support for social and even medical transition.”
It is a classic case of political posturing overshadowing the pursuit of truth. Most youth suffering from gender dysphoria grow out of their predilection. Dr. James Cantor of the University of Toronto has cited three large-scale studies, along with other smaller studies, to show that transgender children eventually grow out of their gender dysphoria. The Diagnostic and Statistics Manual 5th Edition claims that desistance rates for gender dysphoria is seventy to ninety percent in “natal males” and fifty to eighty-eight percent in “natal females.” Similarly, the American Psychological Association’s Handbook of Sexuality and Psychology concludes that the vast majority of gender dysphoria-afflicted children learn to accept their gender by the time they have reached adolescence or adulthood.
It is not a secret that transgenderism lends itself to other mental health problems. Forty-one percent of transgender people have either self-harmed or experienced suicidal ideation (this percentage, of course, does not reveal at what stage of transition suicidal ideation or attempts occur). The postmodern, neo-Marxist answer to this problem is that transgender people are an oppressed minority and that they are driven to mental illness as a result of transphobia, social exclusion, bullying, and discrimination.
It is typical of the left to presume that society is to blame for an individual’s suffering. And to a certain extent, they are right. Transgender people are the victims of discrimination, prejudice, and violence. But it is more than likely that these abuses exacerbate their problems rather than causing them. One in eight transgender people, for example, rely on sex and drug work to survive. Is that the fault of society or the fault of the individual? The National Center for Transgender Equality claims that it is common for transgender people to have their privacy violated, to experience harassment, physical and sexuality violence, and to face discrimination when it comes to employment. They claim that a quarter of all transgender people have lost their jobs and three-quarters have faced workplace discrimination because of their transgender status.
In Australia, there has been a move to allow transgender children access to hormone-blocking drugs and sex-change surgeries. Australian gender activists – surprise, surprise – support the idea of as a way to reduce the rates of suicide among transgender people. The Medical Journal of Australia has approved the use of hormone therapy on thirteen-year-olds despite the fact that the scientific community remains, as of 2018, undecided on whether or not puberty-blocking drugs are either safe or reversible.
In the United States, a great deal of debate has occurred over transgender rights. In particular, there have been debates over what bathroom they should be allowed to use, how they should be recognised on official documents, and whether they should be allowed to serve in the military. In 2016, former President Barack Obama ordered state schools to allow transgender students to use whatever bathroom they desire. Similar ordinances have been passed in hundreds of cities and counties across the United States. Seventeen states and the District of Columbia are subject to ‘non-discrimination’ laws which include gender identity and gender expression. These include restrooms, locker rooms, and change rooms.
In March of 2016, North Carolina passed a law which required people in government buildings to use the bathroom appropriate to their biological gender. The US Federal Government decried the decision as bigotry and accused the government of North Carolina of violating the Civil Rights Act. The Federal Government threatened to withhold over US$4 billion in education funding. The government of North Carolina responded by filing suit against the government of the United States. The US government responded by filing suit against North Carolina. North Carolina received support from Mississippi, Tennessee, and Texas whilst Washington received support from most of the northern states.
Pro-transgender bathroom policies are not limited to government, however. Many businesses in the United States have similar bathroom policies. Many large corporations, among them Target, allow transgender people to use the bathroom of their choice. And they are perfectly prepared to enforce these policies, as well. A Macy’s employee in Texas was fired after he refused to allow a man dressed as a woman to use the female change rooms. Similarly, Planet Fitness revoked the membership of a woman who complained that a transgender man was in the female change rooms.
The most alarming trend of the gender theory movement is the attempt to indoctrinate children through changes to the education system. In 2013, France unleashed the ABCD de l’égalité (the ABCs of Equality) on six hundred elementary schools. In their own words, the program was designed to teach students that gender was a social construct:
“Gender is a sociological concept that is based on the fact that relations between men and women are socially and culturally constructed. The theory of gender holds that there is a socially constructed sex based on differentiated social roles and stereotypes in addition to anatomical, biological sex, which is innate.”
The creators of the program are smart enough to include the disclaimer: “biological differences should not be denied, of course, but those differences should not be fate.”
Fortunately, it would seem that many people are not taken in by this race to fantasyland. They are not taken in by the idea that the program merely exists to combat gender stereotypes and teach respect, and have protested. The French Minister of Education dismissed the protestors by saying that they “have allowed themselves to be fooled by a completely false rumour… at school we are teaching little boys to become little girls. That is absolutely false, and it needs to stop.” In America, The Boston Globe dismissed the protests against the program as being motivated by fear. Judith Butler event went as far as to say that France’s financial instability was the true cause of the protests.
And such a profound misuse of the education system isn’t limited to France, either. In Scotland, teachers are given guidance by LGBT Youth Scotland, children are expected to demonstrate “understanding of diversity in sexuality and gender identity”, and children are allowed to identify as either a girl or boy, or neither. The government of the United Kingdom has mandated that transgender issues be taught as part of the sex and relationships curriculum in primary and secondary school. Justine Greening, the education secretary, said: “it is unacceptable that relationships and sex education guidance has not been updated for almost twenty years especially given the online risks, such as sexting and cyberbullying, our children and young people face.”
It is in Australia, however, that there is the most shocking case of gender theory indoctrination. A great deal of controversy has been generated over the Safe Schools program. The program, which was established by the Victorian government in 2010, is supposedly designed to provide a safe, supportive, and inclusive environment for LGBTI students. It states that schools have the responsibility to challenge “all forms of homophobia, biphobia, transphobia, intersexism to prevent discrimination and bullying.”
The Safe Schools program promotes itself as an anti-bullying resource supporting “sexual diversity, intersex and gender diversity in schools.” It requires Victorian schools to eliminate discrimination based on gender identity, intersex, and sexual orientation, including in terms of an inclusive school environment.
The program addresses the issues of sleeping and bathroom arrangements and dress code. In terms of dress code, the program states:
“An inflexible dress code policy that requires a person to wear a uniform (or assume characteristics) of the sex that they do not identify with is likely to be in breach of anti-discrimination legislation including under the Equal Opportunity Act (1984) SA”
Likewise, the program states on the issue of bathrooms and change rooms that “transgender and diverse students should have the choice of accessing a toilet/changeroom that matches their gender identity.” In addition, the program states:
“Schools may also have unisex/gender neutral facilities. While this is a helpful strategy for creating an inclusive school environment for gender diverse students broadly, it is not appropriate to insist that any student, including a transgender student, use this toilet if they are not comfortable doing so.”
The idea that a transgender boy or girl should be allowed to sleep, shower, and defecate in the same place as a group of boys or girls ought to ring alarm bells for everyone. It increases the risk of sexual activity, sexual assault, pregnancy, and the transmission of sexually-transmitted-diseases. There is a reason why schools segregate changerooms, toilets, and dormitories.
The tragedy of David Reimer reveals just how dangerous it is to ignore the truth in favour of a false and malevolent social philosophy. It is one thing to seek tolerance and compassion for those in the community who may be struggling with their identity. It is something else entirely to use the plight of transgender peoples as a means of cording society to change the way it categorises gender. And it is completely insane to allow a false philosophy like gender theory to be used as the basis of public policy. If we don’t want more tragedies like David Reimer’s, we should put gender theory out in the trash where it belongs.
Knowles asks the viewer to consider the difference between an illegal immigrant and an undocumented immigrant, or the difference between a Christmas tree and a holiday tree. The answer, he tells us, lies in semantics. It is not the objects in themselves that are different, but the words used to define and describe them.
The manner in which we define and describe different things has a powerful effect on the way we view them. Our thoughts are processed and articulated through words. And it is through this articulation that our worldview is formed.
Language, therefore, is a vital cornerstone of civilisation. When it is used properly, it leads people towards truth and reason. But when it is abused, it leads people towards lies and irrationality.
The Judeo-Christian tradition is based upon written and verbal articulation. God’s first act of creation is the verbal commandment “let there be light.” Moses is commanded to write down the Ten Commandments. And Jesus Christ, the Messiah, is described as “the word of God made flesh.”
The left has come to realise that they can use language to manipulate the way people think. Through their domination of academia, culture, and media has ensured that it is their definitions and descriptors are the ones accepted within the larger culture.
The left controls language by using euphemisms to distort and obscure facts. These euphemisms make it easier for lies to be accepted by the larger populace.
Through their perversion of language, the left has all-ready been able to engineer significant social change. Would society have accepted gay marriage had it not been deviated from its original definition of the union of husband – man – and wife – woman? And would society have been so ready to accept abortion if those being killed were referred to as unborn babies and not as foetuses?
And the left continues to use language as a means to engineer social change. They refer to policies that favour groups based upon arbitrary factors such as race, gender, or sexuality as “social justice.” But to be just means to have “the quality of being fair and reasonable.” In reality, there is nothing just about the policies that comprise “social justice.”
Likewise, policies that unfairly favour non-white, non-male, and non-heterosexual individuals in academia and the workforce is referred to as, alternatively, positive discrimination and affirmative action. In reality, such practices are discrimination.
Intellectual conformity is enforced in the name of “diversity”, opposing points of views are censored in the name of “tolerance”, and voices of dissent are silenced because they are dismissed as “hate speech.”
When you control the words, you control the culture. And when you control the culture, you control the future of a civilisation.
February 3rd last year marked the fiftieth anniversary of the execution of Ronald Ryan (1925 – 1967), the last man to be hanged in Australia. Since then, the general consensus has been that the death penalty constitutes a cruel and unusual punishment. Contrarily, however, it is the opinion of this author that the death penalty is not only just, but a key part of any justice system.
There are two main arguments against the death penalty. First, that it is an exceptionally expensive form of punishment. And second, that the death penalty leaves no room for non-posthumous exoneration.
The first argument is one of economics, not of morality or of justice. It does not argue that the death penalty is immoral, only that it is expensive. What this argument suggests is that a price tag can be placed on justice. That the most important factor determining a case is not whether justice is served, but how much money it will cost.
The way a society punishes murder is reflective of the value that society places on a human life. The life of a human being is not something that can have a time-based value placed upon it. It is something that has immeasurable value and purpose. The Norwegian mass-murderer, Anders Breivik, a man responsible for the death of seventy-seven people, received a sentence of just twenty-one years for his heinous crimes. A society that decides that the value of an individual’s life amounts to only one-hundred days is one that has no respect for the sanctity of life.
The second argument carries a great deal more weight. It is an undeniable fact that innocent people have, and continue to be, executed for crimes they did not commit. In the United States, prejudice against African Americans, Jews, Catholics, homosexuals, and other people often meant that justice was not as blind as it should have been. Furthermore, in an era before DNA evidence, convictions were based upon less reliable physical evidence and eyewitness testimony. And such evidence naturally carried a higher rate of false convictions.
There are two problems with the innocence argument. First, the advent of DNA along with other advances in forensic science has meant that the possibility of executing an innocent person is very low. DNA may not be foolproof, but when combined with eyewitness testimony and additional physical evidence, it makes a guilty verdict all the more concrete.
Second, the innocence argument is not an argument against the death penalty. Rather, it is an argument against executing an innocent person. It only applies when the condemned man is not actually guilty of the crime he has been convicted of. What it does not address is how a person whose guilt is certain beyond all possible reasonable doubt ought to be treated. When an individual’s guilt is that certain the innocence argument no longer carries any weight.
There are two primary arguments for the death penalty. First, that there are crimes so heinous and criminals so depraved that the only appropriate response is the imposition of the death penalty. And second, that the death penalty is an essential aspect of a just and moral justice system.
That there are crimes so heinous, and criminals so depraved, that they deserve the death penalty is self-evident. Carl Panzram (1892 – 1930), a thief, burglar, arsonist, rapist, sodomite, and murderer, told his executioner: “hurt it up, you Hoosier bastard, I could kill a dozen men while you’re screwing around.” Peter Kürten (1883 – 1931), also known as the Vampire of Düsseldorf, told his executioner that to hear the sound of his own blood gushing from his neck would be “the pleasure to end all pleasures.” Finally, John Wayne Gacy, Jr. (1942 – 1994) was convicted of forcibly sodomising, torturing, and strangling thirty-three boys and young men. The question, then, is not whether or not any individual deserves the death penalty, it is whether or not the state should have the power to execute someone.
The answer to this question is undoubtedly yes. It is frequently forgotten, especially by humanitarians, that the key aspect of a criminal penalty is not rehabilitation or deterrence, but punishment.
In other words, what makes a justice system just is that it can convict a person fairly and impose on them a penalty that is commensurate with the nature and severity of the crime that person has committed. What separates the death penalty from extra-judicial murder is that the condemned person has been afforded all the rights and protections of law, including due process, a fair and speedy trial, the right to trial by jury, the presumption of innocence, and so forth, regardless of their race, religion, sexuality, or gender. When a sentence of death is imposed upon a murderer, it is not a case of an individual or group of individuals taking vengeance, but of a legitimate court of justice imposing a penalty in accordance with the law.
What makes the death penalty an integral part of any justice system is not that it constitutes a form of revenge (which it does not) or that it may deter other individuals from committing similar crimes (which it also does not). What makes it just is that constitutes a punishment that fits the crime that has been committed.
Margaret Thatcher (1925 – 2013) is a titan of world politics. A conservative heavyweight who effectively championed the conservative ethos in the public sphere and, in doing so, managed to transform her country for the better.
Margaret Thatcher was born Margaret Hilda Roberts on October 13th, 1925 above a green grocer’s store in Grantham, Lincolnshire. Thatcher was an ambitious and driven student who won scholarships to Kesteven and Grantham Girls’ school and Oxford University. After university, Thatcher worked as a chemist but abandoned it to study for the legal bar after meeting her husband Dennis Thatcher (1915 -2003), whom she married in 1954. Thatcher became a fully qualified lawyer that same year. Thatcher became the Conservative member for Finchley in 1959.
During her rise to power, Thatcher was not massively popular. Facing oppositions because of her gender – when she was elected she was one of only twenty-four female Parliamentarians (out of six-hundred members) and, even more unusually, was the mother of twins – and her social class. The Conservative Party had not changed its structure since the 19th century. She was often denounced as the “grocer’s daughter”, one conservative politician even commented that she was “a good-looking woman without doubt, but common as dirt.” In spite of these barriers, Thatcher managed to rise through numerous junior ministerial positions to become the shadow education spokeswoman in 1967. She became the Secretary of State for Education and Science when Edward Heath (1916 – 2005) became Prime Minister in June of 1970. Thatcher became the leader of the Conservative Party in 1975.
Margaret Thatcher was conservative Prime Minister of Great Britain from 1979 to 1990 and in her time, she changed Britain and helped define the times she lived in. Thatcher became Prime Minister after defeating James Callaghan (1912 – 2005) with a seven percent majority. There were many reasons for the conservative victory, the main ones being economic failure and the lack of union control. Thatcher was seen as aggressive but also as something of a paradox. She was the first scientist in Downing Street and was enthusiastic in pushing Great Britain’s technological innovations forward, but was an anti-counterculture revolutionary who opposed trade unions and the socialism they represented.
During Thatcher’s first term, however, it was the economy that needed the most attention. By the late 1970s inflation in Great Britain had peaked at twenty percent due to rising oil prices and wage-push inflation. The once mighty nation had become known as the ‘sick man of Europe’. According to the Organisation for Economic Cooperation and Development, by 1980/81 Britain was suffering from downward trends in employment and productivity. The great industrial cities were in decline. Glasgow, for example, had seen a decline in its population from 1.2 million following World War One to eight hundred thousand in the early 1980s. In some areas of Glasgow, male unemployment would remain at between sixty and seventy percent throughout the 1980s. The director of the Department of Applied Economics, Wayne Godfrey, stated on the prospect of the 1980s: “it is a prospect so dreadful I cannot really believe there won’t be a sort of political revolution which will demand a basic change to policy.”
Inflation, particularly cost-push inflation, was seen as the biggest enemy. However, Thatcher knew that tackling inflation would require restricting the flow of money and causing mass job losses. It was a sacrifice she was willing to make. The government had a three-step process for tackling the issue. First, they increased interest rates. Second, they reduced the budget deficit by raising taxes and cutting government spending. Third, they pursued monetarist policies to control the supply of money. Despite great job losses, the economy slowly improved over Thatcher’s first two years in power.
In 1981, however, her policies caused a recession and unemployment peaked at three million. In fact, unemployment would remain a characteristic of the 1980s. Following the recession, Great Britain saw a period of economic growth with inflation dropping below four percent, although unemployment soared to 3.2 million before easing off a little. It is also of note that despite the mass unemployment, average earnings were, in fact, rising twice as fast inflation and those in employment had it better than ever. The Secretary of Transport, David Howell (1936 – ), stated in 1983: “if the conservative revolution has an infantry, it is the self-employed. It is in the growth of the self-employed, spreading out to small family businesses, that the job opportunities of the future are going to come.” Thatcher’s biggest achievement in her first term, and the one which endeared her most to the British public was the Falklands War. Following the Argentinean surrender in 1982, Thatcher stated: “today has put the great back into Britain.” The Falklands War rekindled the British public’s pride in her navy and in the nation, itself.
The Conservative Party won the 1983 election by an overwhelming majority. Thatcher had become the uncontested leader and saviour of the Conservative Party. Thatcher used the victory as an opportunity to change the configuration of the Conservative Party and reshape it in her image. She fired Foreign Secretary, Francis Pym (1922 – 2008) and sent the Home Secretary, William Whitelaw (1918 – 1999) to the House of Lords. Having ended the ancien regime, she refilled the front bench with dedicated Thatcherites. Only one old Etonian remained: Lord Chancellor Hailsham (1907 – 2001), who was eighty-five at the time. Thatcher then embarked on a policy of privatisation and deregulation with the intention of decreasing dependency on the government and encouraging personal responsibility. Critics accused Thatcher of attempting to dismantle the welfare state and refusing to provide a base safety net for those down on their luck. Unusually for an anti-socialist, Thatcher established the Greater London Council along with six metropolitan councils in an attempt to control local councils from Whitehall.
The conservatives won the 1987 election having lost twenty-one seats, but with a majority of more than one hundred. Thatcher focused on social issues and embarked on a program for social engineering. This was a seven-step process. First, the program actively encouraged women to stay at home and look after their children rather than join the workforce. Second, the program suggested putting the care of the old, unemployed and disabled into the hands of families. Third, the program suggested helping parents set up their own schools. Fourth, the program suggested providing support for schools with a clear, moral base, including religious schools. Fifth, the program suggested creating a voucher system to encourage parents to send their children to private schools. Sixth, the program suggested training children in the management of pocket money and the setting up of savings accounts. Seventh, the program wished to alter the way the public viewed wealth creation so that it would be seen as an admirable pursuit. Thatcher’s tenor as Prime Minister ended when she stood down from cabinet after her party refused to support her in a second round of leadership challenges. She was replaced by John Major (1943 – ).
After leaving office, Thatcher wrote two memoirs: The Downing Street Years (1993) and The Path to Power (1995). Thatcher was known as many things, including ‘The Last of the Eminent Victorians’, ‘New Britannia’, and, most famously, ‘The Iron Lady’. However, despite her many years in politics and her eleven years as Prime Minister, Thatcher was never a populist. This was probably because of her deep personal convictions which were stronger than her fear of the consequences. Thatcher did, however, demand and receive respect from the public. Satire almost always focused on her husband Dennis rather than on her. It is also worth noting that in her time Thatcher never lost an election. As a politician, Thatcher revolutionised political debate, transformed the Conservative Party, and altered many aspects of British life that had long been deemed permanent. Paul Johnson (1928 – ), a prominent English journalist, stated on Thatcher’s abilities as a politician: “though it is true in Margaret Thatcher’s case, she does have two advantages. She did start quite young. She does possess the most remarkable physical stamina of any politician I’ve come across.” In her time, Thatcher was determined to curb government subsidies to industry and to end the power of the trade unions. She made the trade unions liable for damages if their actions became unlawful and forced the Labour Party to modernise itself. Margaret Thatcher was an impressive and important Prime Minister whose political career and personality helped change Great Britain for the better.
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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.
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.