- Gillard’s attack on free speech alarms even human rights commissars—where’s the evidence there is even a problem that needs fixing by this censorious government?
Speech Comissar Roxon: “Â there has been a “vicious” campaign aimed at rolling back existing protections”.
I don’t want to be “protected” by Roxon and her ilk. I want to see her deep-sixed along with the totalitarians who seek to destroy us.
LEGAL experts have questioned whether Labor’s draft anti-discrimination laws are constitutional, arguing the expansion of federal powers is a step too far into community life that will ensnare students, parents, employees and even sports spectators.
As the Senate inquiry into the bill prepares to hold its first hearings this week, constitutional law professors Nicholas Aroney of the University of Queensland and Patrick Parkinson of the University of Sydney say it could also fall foul of our international obligations and may lead to successful court challenges.
The Greens yesterday joined the chorus of concerns over the proposed legislation, which will make it unlawful to offend or insult others.
The Salvation Army says it would rather use resources to help the needy than defend claims against people who say they’ve been insulted.
The Senate inquiry has received more than 580 submissions from business, unions and state governments over the move to consolidate five anti-discrimination laws into one act to meet a 2010 election promise.
In the thirties and the forties freedom faced a mighty test
Now another tide of fascism is rising on the West;
Will we fight as did our fathers, will we brace and do our bit,
Will we struggle for our freedom or surrender and submit?
Will we tolerate the violence and the hatred so obscene
Of the Islamists and Left in their alliances of green?
Will we follow or denounce our intellectual elite
As they spit upon our culture while they work for its defeat?
Will we listen to our media who tell us what to think
As they white-wash every filthy lie and perfume every stink?
Yes, the day is fast approaching when we’ll have to make a stand
If we want to keep our freedom in our ancient southern land.
From a poet on Bolt’s blog (Tadpole)
AG Roxon, ministers Albanese, Burke, Bowen and Shorten along with Gillard hold seats with growing Muslim populations. But they wouldn’t be pandering, or would they?
Attorney-General Nicola Roxon says the government will take on board any recommendations from the Senate inquiry but also says there has been a “vicious” campaign aimed at rolling back existing protections.
Professor Parkinson and Professor Aroney write in their submission they have “grave doubts” about the constitutionality of parts of the draft.
“The exposure draft is a very radical and controversial expansion of the scope of commonwealth law, which in some respects may well exceed the commonwealth’s constitutional powers,” they say.
“It proposes several very far-reaching changes and extensions to the current reach of commonwealth laws.”
The pair also share fears expressed by others about the extension of the definition of “unfavourable treatment” so it is unlawful to offend and insult.
But they say the bigger problem is the proposal to expand the scope of anti-discrimination law from people in power, employers and vendors to all those in “any area of public life”.
The bill defines “public life” as work, education, membership of clubs and participation in sporting activities.
“A bully in a school playground, a rude customer who pushes in front of someone waiting in a queue at a takeaway restaurant, an inconsiderate employee who gossips about another employee, and a spectator who abuses a referee at a child’s soccer game – all of these behaviours involve treating others unfavourably in some respect or another,” they write.
“This extends the reach of the law very far into areas of community life which have hitherto been regulated by other norms.”
They say the commonwealth has “no legislative power” to reach into public life, and court challenges to the constitutionality of the law would “not be unlikely and their prospect of success would not be weak”.
Professor Parkinson and Professor Aroney believe there are other constitutional problems with the bill, including that it may infringe on international obligations to ensure freedom of speech, religion, association and cultural expression.
In its submission, the Salvation Army says it is concerned people may be offended by its use of religious icons and symbols.
Roxon’s socialist laws may be unconstitutional
Nicola Roxon defends laws on offence
In their blind haste to control Australians with a zeal unimagined by previous generations Labor defends its intent to trample upon our freedoms and Constitution. While Roxon, Wong, et al spin like tops they seem bent on ignoring senior legal advice and opinion. Power and control is taking on an ugly face in Australia.Â GC.Ed.
The exposure draft of the law has been criticised by media companies and retired NSW chief judge and ABC chairman Jim Spigelman on free speech grounds, as it would allow a discrimination claim over conduct that insulted or offended a person in relation to “protected attributes” including political opinion and religion.