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Anti-Catholic Bigotry Masquerades as Common Decency

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

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

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

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

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

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

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

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

 

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

CONSERVATISM IN AMERICA

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Conservatism is a strong force in American politics and society. It has helped shape and define America’s political and social landscape. This essay explores the concept and parameters of conservatism in America. It will conclude by stating that conservatism has had an impact on American society and politics and has affected the way in which America thinks about itself. The first paragraph will cover the history and philosophy surrounding conservatism. This will include the definition of conservatism, its influences, and beliefs. The second paragraph will explore conservatism in America, including its historical and political implications.

As a political ideology, conservatism has a complicated and ambiguous nature, encompassing a broad range of ideas, beliefs, and concepts. In terms of ideology, conservatives are well known for seeing change with weariness at best and complete disdain at worst. It is well known that many conservatives cling blindly to the past.  It should be noted, however, that conservatives do not necessarily oppose all change. Conservatives oppose change which they see as threatening to the moral and social fabric of society. This is because conservatives which to protect society’s institutions, traditions, and moral framework.

According to Andy Stern, the former President of the Service Employees International Union, conservatives come with five characteristics. First, conservatives appreciate the need for fiscal balance. To this end, they are generally concerned about overspending, budget deficits, and so forth. Second, conservatives understand people’s romanticism with the concepts of hard work, personal responsibility, and see the Government as lacking understanding in this matter. Third, conservatives are suspicious of big government which they do not necessarily see as the solution to major problems. Fourth, conservatives are strong supporters of private sector growth which they see it as solving problems better than the Government. Fifth, conservatives are, likewise, strong supporters of small business.

Furthermore, conservatism comes with numerous advantages. Gary Jacobsen, a political scientist at the University of California, came up with several strengths of genuine conservatism. First, conservatives acknowledge materialisms role in encouraging particular forms of behaviour. To this end, conservatives are suspicious of bureaucracy which they see as stifling of this simple fact. Second, conservatives view with disdain the idea that social science theories can be applied to real-world problems. Third, conservatives value personal autonomy and freedom very highly. They realise that it is the individual that helps build and improve a society, not governments. Fourth, conservatives believe in good parenting having realised that good citizenry starts in the home.  Fifth, conservatives believe in the superiority of the market system which they feel encourages more efficient use of resources. It would be foolish to place conservatism or conservatives into the category of simplicity. In fact, conservatism is a complicated political ideology with a history and philosophy more complex than may initially meet the eye.

Conservatism in America has had a long and varied history and impact on American society and politics. A series of essays known as the Federalist Papers, written between 1787 and 1788, serves as a strong influence of conservative thought in America. Federalist Ten by James Madison, for instance, was written to create awareness of the issues surrounding factionalism and insurrection in the union. In Madison’s own words: “no man is allowed to judge his own cause, because his interest would certainly bias his judgement and, not improbably, corrupt his integrity.” However, conservatism in America differs greatly from many other parts of the world. Because America is a relatively young country their conservatism is based on people’s personal values rather than on social class.

In fact, American conservatism is based on four distinct pillars. The first pillar is freedom based on the notions of “life, liberty, and the pursuit of happiness”, religious and economic liberty. The second pillar is tradition. As mentioned previously, conservatives are strong supporters oppose change which threatens the established social exoskeleton. The third pillar is the rule of law. The fourth pillar is a strong belief in God.

Politically, conservatism has had a strong influence on American society. Take conservative President Ronald Reagan, for example. In his eight years in office, between 1981 and 1989, Reagan strengthened the American economy by curbing inflation, stimulating economic growth, and increasing employment. He exempted many low-income people from paying income tax through his income tax reform.

Today, the Republican Party consists of a mix of libertarians, neoconservatives, and the Christian Right. As a result, these groups have become a powerful force in American politics. Conservatism in America is more value-based than ideological in nature. It represents who identify strongly with America’s philosophical past and view with suspicion any attempts to alter this system.

As a social and political force, conservatism has had a great impact on American politics and society. The first paragraph explored the history and philosophy surrounding conservatism as an ideology. In this paragraph, it was found that conservatism incorporates a broad range of ideas, beliefs and concepts, and that conservatives value society’s institutions, traditions, and moral framework. The second paragraph explored conservatism in America more specifically. It looked specifically at the history of American conservatism using Federalist Ten by James Madison as an example and discussed how American conservatism differs from conservatism in other parts of the globe. Finally, it focused on Ronald Reagan’s Presidency and the nature of conservative politics today. In conclusion, one would be hard-pressed to argue that conservatism has not had an impact on American. It could be argued that, to an extent, the very way in which Americans view themselves can be attributed, in part at least, to the influence conservatism has had.

Bibliography

  1. Alan Brinkley, ‘the Problem of American Conservatism”, the American Historical Review 99 no. 2 (April 1994), pp. 409 – 429
  2. Alfred S. Regerney, The Pillars of Modern American Conservatism (Spring 2012), First Principles ISI Web Journal, Delaware, available at: http://www.firstprinciplesjournal.com/articles.aspx?article=1813. [accessed 15/04/2015]
  3. David Barstow, ‘Tea Party Movement Lights Fuse for Rebellion on Right’, the New York Times, 15/2/2010
  4. Frank Freidel and Hugh Sidey, Ronald Reagan (2006), the White House, Washington D.C, available at: https://www.whitehouse.gov/1600/presidents/ronaldreagan [accessed 15/04/2015]
  5. James Madison, ‘The Federalist Ten: the Utility of the Union as a Safeguard against Domestic Faction and Insurrection (continued)’, Daily Advertiser, 22/11/1787
  6. John Mickelthwait and Adrian Wooldridge, ‘Introduction’ in, The Right Nation: Conservative Power in Amerce (Penguin, 2004)
  7. Liliana Mihut, ‘Two Faces of American Pluralism: Political and Religious’, Journal for the Study of Religions and Ideologies 11 no. 33 (Winter 2012), pp. 39 – 61
  8. Thomas B. Edsay, ‘What the Right Gets Right’, The New York Times: Campaign Stops: Strong Opinion on the 2012 Election, 15/1/2012
  9. Thomas Turnstall Allcock, ‘America’s Right: Anti-Establishment Conservatism from Goldwater to the Tea Party’, European Review of History: Revue Européenne d’Historie 21 no. 6 (2014), pp. 937 – 939
  10. Bradford Littlejohn, Three Things Conservatives Could Learn from Richard Hooker (February 2014), John Jay Institute: Center for a Just Society, available at: http://www.centerforajustsociety.org/three-things-conservatives-could-learn-from-richard-hooker/ [Accessed 15/04/2015]
  11. Wendy Dackson, ‘Richard Hooker and American Religious Liberty’, Journal of Church and State 41 No. 1 (1999), pp. 117 – 138
  12. Zelizer, J.E., 2010. Rethinking the History of American Conservatism. Reviews in American History. 38 (2), pp. 367 – 392

IN DEFENCE OF CHRISTIANITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Free Speech Matters

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There has been an alarming trend in modern culture: numerous political and social activist groups have been attempting to use the pernicious and false doctrines of political correctness, tolerance, and diversity to silence those they disagree with. Many of these groups have sought the passage of so-called “hate speech” laws designed to silence voices of dissent.

At public colleges and universities, places where free speech and open debate should be actively encouraged, measures – including protests, disruption, and, in some cases, outright violence – taken to suppress voices of dissent has become tantamount to Government censorship. This censorship prevents students from inviting the speakers they wish to hear and debate speech they disagree with. Eva Fourakis, the editor-in-chief of The Williams Record (the student newspaper of Williams College) wrote an editorial, later recanted, commenting that “some speech is too harmful to invite to campus.” The editorial went on to say: “students should not face restrictions in terms of the speakers they bring to campus, provided of course that these speakers do not participate in legally recognised forms of hate speech.”

The University of California, Berkeley, is famous for sparking the free speech movement of the 1960s. Today, however, it has become a haven for radical, anti-free speech Neo-Marxists and social justice warriors. Not only have many Republican students had their personal property destroyed, but numerous conservative speakers have had their talks disturbed, and, in some cases, halted altogether. In February, Antifa – so-called anti-fascists – set fires and vandalised building during a speech by the controversial journalist, Milo Yiannopoulos (1984 – ). In April, threats of violence aimed at members of the Young Americas Foundation forced political commentator, Ann Coulter (1961 – ), to cancel her speech. A speech by David Horowitz (1939 – ), founder and president of the David Horowitz Freedom Center, was cancelled after organisers discovered that the event would take place during normal class times (for safety, or so they claimed). Finally, the conservative journalist, Ben Shapiro (1984 – ), was forced to spend US$600,000 on security for his speech at UC Berkeley. These events show that those who wish to use disruption, vilification, threats, and outright violence to silence others can be, and often are, successful in doing so.

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Like most the principles of classical liberalism, free speech developed through centuries of political, legal, and philosophical progress. And like many Western ideas, its development can be traced back to the Ancient Greeks. During his trial in Athens in 399BC, Socrates (470BC – 399BC) expressed the belief that the ability to speak was man’s most divine gift. “If you offered to let me off this time on condition I am not any longer to speak my mind”, Socrates stated, “I should say to you, ‘Men of Athens, I shall obey the Gods rather than you.”

Sixteen hundred years later, in 1215, the Magna Carta became the founding document of English liberty. In 1516, Desiderius Erasmus (1466 – 1536) wrote in the Education of a Christian Prince that “in a free state, tongues too should be free.” In 1633, the astronomist Galileo Galilei was put on trial by the Catholic Church for refusing to retract his claim of a heliocentric solar system. In 1644, the poet, John Milton (1608 – 1674), author of Paradise Lost, warned in Areopagictica that “he who destroys a good book kills reason itself.” Following the usurpation of King James II (1633 – 1701) by William III (1650 – 1702) and Mary II (1662 – 1694) in 1688, the English Parliament passed the English Bill of Rights which guaranteed free elections, regular parliaments, and freedom of speech in Parliament.

In 1789, the French Declaration of the Rights of Man and of the Citizen, an important document of the French revolution, provided for freedom of speech (needless to say, Robespierre and company were not very good at actually promoting this ideal). That same year, the philosopher Voltaire (1694 – 1778) famously wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write.” Over in the United States, in 1791, the first amendment of the US Bill of Rights guaranteed freedom of religion, freedom of speech, freedom of the press, and the right to assemble:

ARTICLE [I] (AMENDMENT 1 – FREEDOM OF SPEECH AND RELIGION)

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.”

During the 19th century, the British philosopher, John Stuart Mill (1806 – 1873) argued for toleration and individuality in his 1859 essay, On Liberty. “If any opinion is compelled to silence”, Mill warned, “that opinion may, for aught we can certainly know, be true. To deny this is to presume our own infallibility.” Mill believed that all doctrines, no matter how immoral or offensive, ought to be given public exposure. He stated in On Liberty:

“If the argument of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”

Elsewhere in On Liberty, Mill warned that the suppression of one voice was as immoral as the suppression of all voices:

“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”

Centuries later, in 1948, the Universal Declaration of Human Rights, accepted unilaterally by the United Nations, urged member states to promote civil, human, economic, social, and political rights – including freedom of expression and religion.

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Supreme Court

 

Within the American Justice System, numerous Supreme Court cases have created judicial protections for freedom of speech. In the case of the Nationalist Socialist Party of America v. Village of Stoke (1977), the Supreme Court upheld the right of neo-Nazis to march through a village with a large Jewish population and wear Nazi insignia. The Justices found that the promotion of religious hatred was not a sufficient reason to restrict free speech.

In the city of St. Paul during the early 1990s, a white teenager was arrested under the “Bias-Motivated Crime Ordinance” after he burnt a cross made of a broken chair (cross-burning is commonly used by the Ku Klux Klan to intimidate African Americans) in the front yard of an African American family. The Court ruled that the city’s Ordinance was unconstitutional. Justice Antonin Scalia (1936 – 2016), noted that the purpose of restricting fighting words was to prevent civil unrest, not to ban the content or message of the speaker’s words. Scalia wrote in the case of R.A.V. v. City of St. Paul (1992):

“The ordinance applies only to ‘fighting words’ that insult, or provoke violence, ‘on the basis of race, colour, creed, religion or gender.’ Displays containing abusive invective, no matter how vicious or severe, are permissible unless they are addressed to one of the specified disfavored topics. Those who wish to use ‘fighting words’ in connection with other ideas—to express hostility, for example, on the basis of political affiliation, union membership, or homosexuality—are not covered. The First Amendment does not permit St. Paul to impose special prohibitions on those speakers who express views on disfavored subjects.”

In the Matal v. Tam case (2017), the Supreme Court found that a provision within the Lanham Act prohibiting the registration of trademarks that disparaged persons, institutions, beliefs, or national symbols violated the First Amendment. Justice Samuel Alito (1950 – ) opined:

“[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”

Justice Anthony Kennedy (1936 – ) opined:

“A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.”

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In recent years, numerous calls to ban speech have been justified on the basis that it is “hateful.” Much of this has come from the political left who (in what one may cynically regard as having more to do with silencing voices of dissent than with protecting vulnerable groups) argue that restrictions on hate speech must occur if minorities are to be given equal status with everyone else.

That certain types of speech can be offensive, and that some of that speech may be aimed at certain groups of people, is undeniable. Hate speech has even been criticised for undermining democracy! In an article, Alexander Tsesis, Professor of Law at Loyola University, wrote: “hate speech is a threatening form of communication that is contrary to democratic principles.” Some have even argued that hate speech violates the fourteenth amendment to the US Constitution which guarantees equal protection under the law:

Article XIV (AMENDMENT 14 – RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS, AND EQUAL PROTECTION)

1: All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.

That there is a historical basis for restricting hate speech is undeniable. Slavery, Jim Crow, and the Holocaust, among other atrocities, were all proceeded by violent and hateful rhetoric. (Indeed, incitement to genocide is considered a serious war crime and a serious crime against humanity under international law.) Genocide is almost always preceded by hate speech. However, what proponents of hate speech laws fail to realise is that the countries that perpetrated these atrocities did not extend the freedom to speak to the groups that they were targeting. Joseph Goebbels (1897 – 1945), the Nazi minister for public enlightenment and propaganda, for example, had such an iron grip on Germany’s media that any voice contradicting the Nazi’s anti-Semitic propaganda had no opportunity to be heard.

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.

race

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.