Free speech - front lines in Australia - [personal at bernardgaynor.com.au: Update: battle for free speech]
Nadine Earnshaw
nadine at iinet.net.au
Thu Sep 8 15:27:03 PDT 2016
No the issue is public vs private speech.
There is also a difference between publicly stating an opinion and
being abusive.
this is what we are talking about legislatively
RACIAL DISCRIMINATION ACT 1975 - SECT 18C
OFFENSIVE BEHAVIOUR BECAUSE OF RACE, COLOUR OR NATIONAL OR ETHNIC
ORIGIN
(1) It is unlawful for a person [1] to
do an act, otherwise than in private, if:
(a) the act is reasonably
likely, in all the circumstances, to offend, insult, humiliate or
intimidate another person [2] or a group of people; and
(b) the act is done
because of the race, colour or national or ethnic origin of the
other person [3] or of some or all of the people in the group.
Note: Subsection (1) makes certain acts unlawful.
Section 46P of the _Australian Human Rights Commission Act
1986 _allows people to make complaints to the Australian Human Rights
Commission about unlawful acts. However, an unlawful act is not
necessarily a criminal offence. Section 26 says that this Act does
not make it an offence to do an act that is unlawful because of this
Part, unless Part IV expressly says that the act is an offence.
(2) For the purposes of subsection (1),
an act is taken not to be done in private if it:
(a) causes words, sounds,
images or writing to be communicated to the public; or
(b) is done in a public
place; or
(c) is done in the sight
or hearing of people who are in a public place.
(3) In this section:
_"PUBLIC PLACE " _includes any place to which the public have access
as of right or by invitation, whether express or implied and whether
or not a charge is made for admission to the place.
----- Original Message -----
From: "oshwm"
To:"Nadine Earnshaw" , "CypherPunks"
Cc:
Sent:Thu, 08 Sep 2016 06:18:31 +0100
Subject:Re: Free speech - front lines in Australia -
[personal at bernardgaynor.com.au: Update: battle for free speech]
So, free speech is ok so long as it is only used to say yhe things you
find acceptable? :D
On 8 September 2016 04:09:38 GMT+01:00, Nadine Earnshaw wrote:
freedom of speech does not protect hate speechand that is what 18c
which Bernard supports being removed.
He is free to say
"I wouldn't let a gay person teach my children and I am not afraid to
say it," a Twitter post from Mr Gaynor read.
but there is a line and that is what 18c is about.
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s18c.html
He is free to be a dick in private. Clearly with his being dismissed
he has trouble with what private is.
>>Bernard Gaynor is a controversial Australian with conservative
pro-family views whom some would say is ultra-conservative, to which
I
would counter "that's just your post-modern moral relativism which
dominates the current Western public and social dialogue".
So, notwithstanding anyone's particular views on any particular issue
which Bernard Gaynor stands for and champions (at least one of which
I
strongly disagree with), his stand for freedom of speech is superb,
courageous, persistent, and thyankfully a following has formed which
donates to keep him and his family afloat in the face of the legal
fees
and the many personal sacrifices he has chosen to make, and some
which
he has and continues to suffer at the hands of his opponents,
including
the chief of the Australian Army who stepped down to an early
retirement
in "moral disgrace" and knowing that he would not survive his very
political attack against Bernard Gaynor's personal stands as an
Australian Army reserve man (he sacked Bernard amongst other things).
So plenty to debate, but the guts of this is free speech and the long
standing statutory infractions against our right to freedom of
speech,
and in particular as we name it for necessary but quirky reasons in
Australia for legal and constitutional purposes:
freedom to communicate on political and related matters
Good luck Bernard,
----- Forwarded message from Bernard Gaynor -----
Date: Thu, 8 Sep 2016 01:07:53 +0000
From: Bernard Gaynor
To: Zenaan Harkiss
Reply-To: Bernard Gaynor
Subject: Update: battle for free speech
View this email in your browser
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Dear Zenaan,
Contents
* Free Speech Update (#legalupdate)
* Fundraising Dinner (#qoty)
* Please help - donate $1 per week today (#pleasehelp)
Since I last wrote to you on 22 August, there has been plenty of
action
in the battle to speak the truth and speak it freely.
First of all, I must thank all those who donated to assist in this
battle. I incurred over $23,000 in fees last month. There is simply
no
way that I could afford to wage this fight without your support. I am
deeply grateful and humble for that assistance.
Secondly, the New South Wales Supreme Court of Appeal held a
Directions
Hearing on 31 August. The court room was packed and there was
standing
room only. I counted at least 18 barristers and solicitors there. The
Commonwealth has intervened and so has the state of New South Wales.
This matter is attracting high levels of attention, even if the media
are not paying any interest (yet).
Importantly, the Court accepted an amendment to our summons that we
obtain a:
Declaration that sections 49ZS and 49ZT of the Anti-Discrimination
Act
(NSW) 1977 are invalid in that they impair the Plaintiff's right to
freedom of political communication or impair his freedom of religion
under Constitution section 116.
I have been busy this week preparing submissions and other
documentation
to support our case. Obviously, I will not discuss our arguments in
detail here and will respectfully leave them for the consideration of
the New South Wales Supreme Court of Appeal.
The matter has been set down for hearing in November. Suffice to say
that a victory against the Anti-Discrimination Act (NSW) 1977 will
have
very serious ramifications for all other anti-discrimination laws,
including S18C of the Racial Discrimination Act (Cth) 1975. In other
words, the outcome of this case may well destroy anti-free speech
laws
before the politicians in parliament ever get around to repealing
them.
As such, when it comes to free speech, this battle is the number one
game in town. And let's all hope that it is successful. Australians
should not be forced to apologise for their conservative views on
family
and morality. I, for one, won't.
Thirdly, the New South Wales Civil and Administrative Tribunal held a
Case Conference yesterday and decided to proceed with an additional 8
complaints against me from Garry Burns, even though these matters are
before the New South Wales Supreme Court of Appeal and even though
the
Tribunal has already determined that there is no jurisdiction under
New
South Wales anti-discrimination law to lodged complaints against
people
in Queensland.
Don't ask me to explain the logic here. I can't. But the matter has
been
set for another Case Conference on 14 December 2016.
As far as I am concerned, the Tribunal and the Anti-Discrimination
Board
below it are acting far beyond their powers. However, I will deal
with
that issue after the main game, which is the action in the Court of
Appeal.
I was very grateful for the support I received at a fundraising
dinner
held at the Coorparoo RSL on 27 August. Robyn Sully did a tremendous
job
organising it and nearly 100 people attended.
We are now in the early stages of planning to organise other such
dinners across Australia. From the feedback received, attendees found
it
a very good way of understanding these matters and their importance.
From my perspective, it was an extremely effective way of getting
this
particular story out and explaining to Australians how all of us are
affected by totalitarian laws that seek to target conservative
political
beliefs.
If you are interested in attending the next dinner in Brisbane it
will
be held at the Coorparoo RSL on 29 October at 6pm.
Please email Robyn at robynsully at hotmail.com
(mailto:robynsully at hotmail.com?subject=Fundraising%20Dinner) to book
and
for further details.
Thank you once again to all who have assisted financially, especially
over the past month. We are slowly getting through all the thank you
emails and I would like to thank the volunteers who have been able to
provide support in this task.
Please consider small regular donations if you would like to assist:
Paypal:
* Click here
*
(http://bernardgaynor.us11.list-manage2.com/track/click?u=2f7e1c8c95718aa1558f96210&id=0a2c56463b&e=761ea41511)
* .
Family Values Action Account (used to cover legal fees):
* BSB: 084 134 A/c: 39 446 4501
Gaynor Family Support A/c (used to fund my website and the Gaynor
family)
* BSB: 084 134 A/c: 84 082 9276
Cheque/Money Order:
* PO Box 766, Park Ridge, Qld 4125
I am also looking for volunteers who can assist with video
production,
or who live on the south side of Brisbane and who can assist with
administrative support. If you would like to help, please email me.
Finally, it was pleasing to see that over 65,000 people visited my
webpage in August. Australians are looking for conservative views
that
are not filtered out by the politically correct media. That is why
the
radical left want the anti-discrimination laws that we are fighting.
They want webpages like mine shut down and to deny Australians the
opportunity to hear from anyone willing to stand up to their Safe
Schools programs, their support of Islam and their attacks on our
Western Christian traditions.
Thank you once again for your support.
Kind regards,
Bernard Gaynor
Christ is our king!
**
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Sent from my Android device with K-9 Mail. Please excuse my brevity.
Links:
------
[1]
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s5.html#person
[2]
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s5.html#person
[3]
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s5.html#person
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