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JURIES ARE WORTH KEEPING

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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.

A Man For All Seasons

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It is a rare occurrence to see a film that is so memorable that it implants itself on the human psyche. A film that contains such a captivating story, compelling characters, and profound themes occurs so rarely it becomes etched into our collective unconscious. A Man for All Seasons is one of those films.

Set in Tudor England during the reign of King Henry VIII (1491 – 1547), A Man for All Seasons tells the story of Henry’s divorce from Catherine of Aragon (1485 – 1536), the birth of the Church of England, and the man who stood opposed to it.

During the 1530s, King Henry VIII broke away from the Catholic Church, passed the Act of Succession (which declared Princess Mary (1516 – 1558), the King’s daughter with Catherine, illegitimate) and the Act of Supremacy (which gave Henry supreme command over the Church in England), and made himself the Supreme Head of the Church of England.

In A Man for All Seasons, Henry asks Sir Thomas More (1478 – 1535) to disregard his own principles and express his approval of the King’s desire to divorce his wife and establish an English Church separate from Rome. Henry believes that More’s support will legitimise his actions because More is a man known for his moral integrity. Initially, Henry uses friendship and dodgy logic to convince his friend. It fails, and the so-called “defender of the faith” tries using religious arguments to justify his adultery.  When this fails, he merely resorts to threats. Again, More refuses to endorse Henry’s actions.

A Man for All Seasons is really about the relationship between the law (representing the majesty of the state) and individual consciousness. In the film, Sir Thomas More is depicted as a man with an almost religious reverence for the law because he sees it as the only barrier between an ordered society and anarchy. In one scene, when William Roper the Younger (1496 – 1578) tells him he would gladly lay waste to every law in order to get at the devil, More replies that he would “give the devil benefit of law for my own safety’s sake.”

More’s reverence goes far beyond mere man-made law, however. He also shows a deep reverence for the laws of God, as well. After being sentenced to death, More finally breaks his silence and refers to the Act of Succession, which required people to recognise Henry’s supremacy in the Church and his divorce from Catherine of Aragon, as “directly repugnant to the law of God and His Holy Church, the Supreme Government of which no temporal person may be any law presume to take upon him.” More argues that the authority to enforce the law of God was granted to Saint Peter by Christ himself and remained the prerogative of the Bishop of Rome.

Furthermore, More argues that the Catholic Church had been guaranteed immunity from interference in both the King’s coronation oath and in Magna Carta. In his coronation oath, Henry had promised to “preserve to God and Holy Church, and to the people and clergy, entire peace and concord before God.” Similarly, the Magna Carta stated that the English people had “granted to God, and by this present charter confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.”

The central problem of the film is that the legal and political system in England is incapable of allowing More to hold a contradictory, private opinion. Even before he is appointed Chancellor, More expresses no desire to get involved with the debate surrounding the King’s marriage. He will not, however, swear an oath accepting the King’s marriage or his position as the head of the Church of England. More believes that it is the Pope who is the head of the Church, not the King, and he is perfectly willing to sacrifice his wealth, family, position, freedom, and, ultimately, his life to retain his integrity.

The relationship between the law and an individual’s conscience is an important one. What A Man for All Seasons illustrates is just how important this relationship is, and what happens when this relationship is violated. Modern proponents of social justice, identity politics, and political correctness would do well to watch A Man for All Seasons.

SMALL GOVERNMENT MATTERS

 

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(This is derived from an old essay I wrote for university)

The size of government is an important yet seldom discussed issue. This is a peculiar phenomenon as the size of government is integral to our freedom. When government power is not limited those with power are able to encroach upon the freedoms of the people. However, when the powers of government are limited people are able to live in peace, freedom, and prosperity.

The Age of Enlightenment (c. 1685 – c. 1815) represents a period in history where the principles of the old world were replaced by new ideals. It was during the Enlightenment that the concepts of modern democracy (democracy originated with the Ancient Greeks, albeit in a rather primitive form), liberty, and inalienable rights began to emerge. One of its key concepts, limited government, came about during the High Enlightenment (c. 1730 – 1780). The English philosopher John Locke (1632 – 1704), perhaps the greatest defender of limited government, believed civil power should be derived from individual autonomy and that the separation of powers was necessary to protect people from tyranny.

Limited government works on the idea that governments should have a little interference in people’s lives as possible. Supporters of small government believe that big government destroys human creativity and innovation because. As the Austro-Hungarian philosopher, Friedrich Hayek (1899 – 1992) stated: “the more the state plans, the more difficult planning becomes for the individual”. Numerous supporters of democracy and liberty had held limited government as an important, and necessary, ideal. The American statesmen, founding father, and President, James Madison (1751 – 1836) sought institutions which would limit the scope of government and give more rights to the individual. Similarly, the Australian Prime Minister, Malcolm Fraser (1930 – 2015) argued that “the power of the state should be limited and contained”.

In no other area is this been clearer than the economy. The economist, Adam Smith (1723 – 1790) argued that regulations on commerce are not only ill-founded but also counter-productive as countries depend on capital accumulation . According to James Madison, guarding persons and property would: “encourage industry by securing the enjoyment of its fruits.” Nations with small governments create their own fortune by allowing the people to participate freely in the marketplace.

Small government makes them master of their own destinies rather than making the government master of them. The people should never forget, as Ronal Reagan put it, “we the people are the driver, the government is the car.” Only small government can continue to survive into the future, only small government can protect the rights of the individual, and only small government celebrates human achievement. This is why small government matters.

REFERENCE LIST

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  2. Australian Greens, ‘the Greens’: http://greens.org.au/. [23/03/2014]
  3. Australian Greens, ‘the Economy: We Live in a Society, Not an Economy’: http://greens.org.au/economy. [23/03/2014]
  4. Australian Greens, ‘Standing Up for Small Business’: http://greens.org.au/small-business. [23/03/2014]
  5. Australian Government, ‘Australian Constitution,: Australian Politics, http://australianpolitics.com/constitution-aus/text [23/03/2014]
  6. Australian Government, ‘Australia’s System of Government’: Australian Government: Department of Foreign Affairs and Trade, https://www.dfat.gov.au/facts/sys_gov.html. [23/03/2014]
  7. Australian Government, ‘Australian Government Taxation and Spending’: 2011-12 Budget Overview, http://www.budget.gov.au/2011-12/content/overview/html/overview_46.htm. [23/03/2014]
  8. Moran, ‘Economic Freedom Delivers Results’, Review – Institute of Public Affairs, vol 59, no. 3. 2007.
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  10. Australian Labor Party, ‘Labor is for Growth and Opportunity’: Growth and Opportunity, http://www.alp.org.au/growthandopportunity. [23/03/2014]
  11. Eltham, ‘Size of Government: Big is Not So Bad’: the Drum, http://www.abc.net.au/unleashed/3912918.html. [23/03/2014]
  12. Bonner, ‘the Golden Rule: He Who Has the Gold Makes the Rules’: Daily Reckoning Australia, http://www.dailyreckoning.com.au/golden-rule/2008/03/05/. [23/03/2014]
  13. Bowen, ‘Economic Statement August 2013: Joint Media Release with Senator the Hon Penny Wong Minister for Finance and Deregulation’, Australian Government: the Treasury, http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2013/016.htm&pageID=003&min=cebb&Year=&DocType. [23/03/2014]
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  15. Boaz, ‘Remembering Ronald Reagan’: Cato Institute, http://www.cato.org/publications/commentary/remembering-ronald-reagan. [23/03/2014]
  16. M. Cooray, ‘More About Limited Government and the Role of the State’: http://www.ourcivilisation.com/cooray/westdem/chap6.htm. [23/03/2014]
  17. Western, ‘Big Government is Good for You’: the Guardian, http://www.theguardian.com/commentisfree/cifamerica/2009/oct/13/obama-healthcare-economy-socialism [23/03/2014]
  18. W. Younkins, ‘John Locke’s Limited State’: Le Quebecois Libre, http://www.quebecoislibre.org/06/060219-4.htm. [23/03/2014]
  19. For Dummies, ‘How the Enlightenment Affected Politics and Government’: http://www.dummies.com/how-to/content/how-the-enlightenment-affected-politics-and-govern.html [23/03/2014]
  20. History, ‘Enlightenment’: http://www.history.com/topics/enlightenment [23/03/2014]
  21. Indiana University Northwest, ‘Two Enlightenment Philosophes: Montesquieu and Rousseau’: http://www.iun.edu/~hisdcl/h114_2002/enlightenment2.htm. [23/03/2014]
  22. A. Dorn, ‘the Scope of Government in a Free Society, Cato Journal, vol 32, no.3. 2012. Pp: 1 – 14
  23. Novak, ‘Small Government Means Better Governance’: the Drum, http://www.abc.net.au/unleashed/4147992.html. [23/03/2014]
  24. P. Sommerville, ‘Limited Government, Resistance and Locke’: http://faculty.history.wisc.edu/sommerville/283/283%20session10.htm. [23/03/2014]
  25. Liberal-National Coalition, ‘the Coalition’s Policy to Increase Employment Participation’: http://lpaweb-static.s3.amazonaws.com/13-08-27%20The%20Coalition%E2%80%99s%20Policy%20to%20Increase%20Employment%20Participation%20-%20policy%20document.pdf. [23/03/2014]
  26. Liberal Party, ‘Our Plan for Real Action’: https://www.liberal.org.au/our-plan. [23/03/2014]
  27. Liberal-National Coalition, ‘the Coalition’s Policy for Trade’: http://lpaweb-static.s3.amazonaws.com/Coalition%202013%20Election%20Policy%20%E2%80%93%20Trade%20%E2%80%93%20final.pdf. [23/03/2014]
  28. Lobao and G. Hooks, ‘Public Employment, Welfare Transfers, and Economic Well-Being across Local Populations: Does a Lean and Mean Government Benefit the Masses?’, Social Forces, vol 82, no. 2. 2003. Pp: 519 – 556
  29. R. Cima and P. S. Cotter, ‘the Coherence of the Concept of Limited Government’, Journal of Policy Analysis and Management¸ vol. 4. 1985. Pp. 266 – 270
  30. Baird, ‘The State, Work and Family in Australia’, the International Journal of Human Resource Management, vol 22, no. 18, 2011. Pp: 1 – 14
  31. New Learning, ‘Ronald Reagan on Small Government’: http://newlearningonline.com/new-learning/chapter-4/ronald-reagan-on-small-government. [23/03/2014]
  32. Parker, ‘Religion and Politics’, Distinktion: Scandinavian Journal of Social Theory, vol 7, no. 1. 2006. Pp: 93 – 115
  33. Public Interest Institute, ‘A Short History of Economic Theory Classical Economic Theory: From Adam Smith to Jean-Baptiste Say’: http://limitedgovernment.org/ps-12-9-p3.html. [23/03/2014]
  34. Hollander, ‘John Howard, Economic Liberalism, Social Conservatism, and Australian Federation’, Australian Journal of Politics and History, vol 53, no. 1. 2008. Pp: 85 – 103
  35. Kelman, ‘Limited Government: an Incoherent Concept’, Journal of Policy Analysis and Management, vol. 3, no. 1. 1983. Pp. 31 – 44
  36. Pryce, ‘the Thatcher Years – Political Analysis: Putting the Great Back into Britain?’: Margaret Thatcher: 1925 – 2013, http://www2.granthamtoday.co.uk/gj/site/news/thatcher/analysis.htm. [23/03/2014]
  37. Dunlop, ‘Small Government Can Equal Big Problems’: the Drum, http://www.abc.net.au/news/2014-02-28/dunlop-small-government-can-equal-big-problems/5287718. [23/03/2014]
  38. US Government, ‘Bill of Rights’: the Charters of Freedom “a New World is at Hand”,http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html. [23/03/2014]
  39. US Government, ‘Constitution of the United States’: the Chapters of Freedom “a New World is at Hand”, http://www.archives.gov/exhibits/charters/constitution_transcript.html. [23/03/2014]
  40. Various Authors, ‘Social Issues and Political Psychology’, International Journal of Psychology, vol 47, no. 1. 2012. Pp: 687 – 697
  41. We the People, ‘Principles, Priorities, and Policies of President Reagan’: Ronald Reagan and Executive Power, http://reagan.civiced.org/lessons/middle-school/principles-priorities-policies-president-reagan. [23/03/2014]
  42. Voegeli, ‘the Trouble with Limited Government’, Claremont Review of Books¸ vol 7, no. 4. 2007. Pp: 10 – 14.
  43. W, ‘Size of Government: Brooks and Ryan’s False Choice’: the Economist, http://www.economist.com/blogs/democracyinamerica/2010/09/size_government. [23/03/2014]

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.

Age

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.

political beliefs

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.

HEATED EXCHANGE OVER “RAISE” IMMIGRATION POLICY INITIATIVE

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A heated exchange between Trump advisor Stephen Miller and CNN speech-giver Jim Acosta over the Trump Administration’s new immigration policy has illustrated the implicit bias and ignorance of the mainstream media.

The exchange began when Acosta quoted the poem on the Statue of Liberty. The poem, Emma Lazarus’ “the New Colossus”, goes:

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
MOTHER OF EXILES. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbour that twin cities frame.

“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”

Acosta then told Miller:

“The Statue of Liberty has always been a beacon of hope to the world for people to send their people to this country, and they’re not always going to speak English Stephen, they’re not always going to be  highly skilled.”

Miller responded by correctly pointing out that the poem had been added to the base of the Statue of Liberty in 1903 – two decades after it had been installed, and reminded Acosta that the poem had never encapsulated US immigration policy.  He then went on to challenge Acosta on the supposed principle encapsulated by the poem:

“In 1990s, when we let in half a million people a year, was that violating or not violating the law of the land? Tell me what years meet Jim Acosta’s definition of the Statue of Liberty per law of the land. You’re saying a million a year is the Statue of Liberty number — 900,000 violates, 800,000 violates  it.”

Acosta then changed tactics by suggesting that the requirement for immigrants to speak English was racist, arguing that it would “only bring in people from Britain and Australia.” Miller responded by accusing Acosta of having a ‘cosmopolitan bias‘:

 “Jim, I just got to say, I am shocked by your statement, that you think that only people from Great  Britain and Australia would know English. It reveals your cosmopolitan bias to a shocking degree that in your mind … this is an amazing moment … that you think that only people from Great Britain and Australia would speak English is so insulting to millions of hardworking immigrants that do speak  English from all over the world.”

Jim Acosta has claimed victory over Stephen Miller, commenting: “I think what you just saw in the briefing room is that he [Miller] really just couldn’t take that kind of heat and exploded before our eyes.”

However, it was Stephen Miller that won the argument. Miller remained calm, used arguments that required reason and evidence, and called out Acosta’s biases and ignorance at the appropriate moments. Miller argued using facts, Acosta argued using emotions. In the end, it is Acosta, and by extension the left-wing media, that have been shamed.