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

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

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

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

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

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

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

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

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

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

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

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.

THE LEGACY OF MARGARET THATCHER

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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.

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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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Free Speech Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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Supreme Court

 

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

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

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

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

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

Justice Anthony Kennedy (1936 – ) opined:

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

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

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

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

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

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

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But who, exactly, supports hate speech laws? Analysis of survey data taken from Pew Research Center and YouGov reveals that it is primarily non-white, millennial democrats. In terms of age, the Pew Research Centre found that forty-percent of millennials supported Government censorship of hate speech, compared to twenty-seven percent of gen x-ers, twenty-four percent of baby-boomers, and only twelve percent of the silent generation.

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In terms of race, research by YouGov reveals that sixty-two percent of African Americans support Government censorship of hate speech, followed by fifty percent of Hispanics, and thirty-six percent of White Americans.

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.

HILLARY CLINTON BLAMES EVERYONE BUT HERSELF FOR HER 2016 ELECTION DEFEAT

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Hillary Clinton has released her 2016 election memoir, What Happened. Throughout the five-hundred-and-twelve page book, Clinton manages to blame everyone and everything else but herself for her defeat at the 2016 Presidential election.

Of course, there are the chief left-wing villains: Clinton, like most feminists, blames ‘sexism’ and ‘misogyny’ for her defeat by a “flagrantly sexist candidate.” At one point, Clinton even claims that she cannot give “absolution” to young women who failed to vote in the election.

Next, there’s the alleged collusion between President Trump and the Russians, whom Clinton blames for “weaponising information, negative stories” about her. Not even former President Barack Obama escapes her ire: he committed the grave sin of not addressing the so-called Russia hacking in a national television address.

Then, there’s the email scandal. You know, the one where Clinton used a private server to handle thousands of confidential documents? Clinton told CBS News:

“I watched how analysts who I have a great deal of respect for, like Nate Silver, burrowed into all the data and said that ‘but for that Comey letter, she would have won’.”

White House Press Secretary, Sarah Huckabee Sanders, has slammed Clinton’s book for being filled with “inaccuracies” and has accused Clinton of failing to accept the blame for her own election defeat. Huckabee commented:

“I think probably the biggest one is any place within the book where she lays the blame for the loss on anyone but herself.”

Huckabee went on to criticise Clinton for accusing  President Trump of not being a President for all Americans:

“That type of misunderstanding of who this President is, and frankly a misunderstanding of what he’s been doing, is exactly one of the reasons that Hillary Clinton is not the President and is instead pushing a book with a lot of false narratives and a lot of, I think, false accusations and placing blame on a lot of other people instead of accepting it herself.”

George Neumayr of The Spectator attributes Clinton’s election defeat to her status as a modern incarnation of Shakespeare’s Lady Macbeth:

“She is a failed Lady Macbeth, but a Lady Macbeth who wants us to feel sorry for her, what with her chardonnay-chugging and alternate nostril breathing after the election. She writes: ‘If you’ve never done alternate nostril breathing, it’s worth a try.… It may sound silly, but it works for me. It wasn’t all  yoga and breathing: I also drank my share of chardonnay’.”

If Hillary Clinton is looking for someone to blame she should start by taking a long, hard look at herself. Throughout her campaign, Clinton came across as cold, calculating, and malevolent. She showed signs of narcissism, an astounding incapability of self-reflection, and a proclivity to blame everyone else but herself for her problems. Her attitude was that of arrogance and entitlement, as though the Presidency was her birthright,  as though she was guaranteed to win.

CNN’S FAREED ZAKARIA BLAMES WHITE MEN FOR HILLARY CLINTON’S DEFEAT

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CNN host, Fareed Zakaria, has blamed the defeat of Hillary Clinton in the 2016 Presidential election on the insecurities of white working men. Zakaria told CNN’s New Day that the election of Donald Trump was really “a kind of class rebellion against people like us, educated professionals who live in cities, who have cosmopolitan views about things.”

Zakaria went on to explain:

“A real sense of cultural alienation, older, white, noncollege education Americans have, a sense that their country is changing because of immigrants. Because maybe blacks are rising up to a central place in society, because gays being afforded equal rights. Because of, frankly, working women. Everybody is  muscling in on the territory that the white working man had.”

Zakaria’s comments seem to come from a piece he had written for CNN. The piece, entitled Why Trump Won, chalked Trump’s victory up to a division of Americans along four lines.

First, Zakaria blames capitalism. Zakaria claims that the US economy only enriches those with education, training, and capital. Second, Zakaria blames culture, claiming that whites are bucking against increasing rights for gays, the rise of African-Americans and Hispanics to a more central place in society, and increases in immigration. Third, Zakaria claims animosity towards elites led many white working class men to vote for Trump. Fourth,  Zakaria claims that the advent of social media now means many Americans have access to seemingly unlimited number of news sources, rather than just the original two or three.

Zakaria’s views are indicative of what drove many to vote for Trump in the first place. He, like many on the left, believes Trump’s election victory is the result of racism, xenophobia, homophobia, sexism, and jealousy. This rhetoric, which is blaming white voters for Clinton’s defeat, reeks of arrogance and snobbery. Ordinary people are sick of being insulted in this manner. Mr. Zakaria, shame on you.