Free speech - front lines in Australia - [personal at bernardgaynor.com.au: Update: battle for free speech]

[Zenaan Harkness]

> but there is a line and that is what 18c is about.

Please, to make your post of the extract of 18c relevant, explain if you
are able why and how it is not a slippery slope (even assuming any or
all aspects of that act are justifiable).

And first, go check out, carefully, the definition of "slippery slope" -
Wikipedia is a reasonable first stop on some things like that.


Next, in your response re the slippery slope, try if you can to actually
consider the viewpoint of those who hold that there might be real
problems with 18c which must be handled, and to give acknowledgement to
that position, so that your assessment can be seen as nuanced, rather
than a black and white dichotomy.


Nadine there are plenty folks much smarter than I who might contribute
to such a conversation, but most of us have had a gutful of "he's a
dick, and you're all idiots for not seeing it" superficiality.


Finally, an actual example of a public statement by Bernard Gaynor,
which you say ought be held by the courts as illegal, and for the
specific reasons you name and can identify. Feel free to use the quote
you've already posted, but you might find it hard to ultimately defend
that as "unlawful" speech, either way let's see if you have a nuanced
argument.


Sincerely,
Zenaan




On Fri, Sep 09, 2016 at 06:27:03AM +0800, Nadine Earnshaw wrote:
>  
> 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.