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Coalition’s backdown on repeal of section 18c is shameful

By James Allan - posted Thursday, 11 September 2014


Now the usual suspects are taking advantage of this lack of political will by trying to sell what amounts to a limited bill of rights-type provision, one that protects free speech. This is the crowd that hasn't come close to selling any sort of national bill of rights. They couldn't even convince the Rudd government after a one-sided committee was struck to recommend a statutory model.

So now comes the "put freedom of speech in the Constitution" push. The premise is that judges would uphold free speech and do something about s18C in a way our spineless politicians have not. And that unspoken premise is total and complete garbage.

Canada got rid of its s18C equivalent because the national parliament repealed it. When this awful hate speech law was challenged in the Supreme Court of Canada in 1990 (Taylor) using its potent Charter of Rights, the unelected judges upheld the legislation. And when it was challenged again last year, the Supreme Court again upheld the legislation (Whatcott).

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So don't be fooled by this latest sirens-song bumpf. One can be a big proponent of free speech as well as detesting bills of rights. Indeed that's where I stand. I'm hoping the Coalition moves in my direction on the first one day and holds the line on the second.

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This article was first published in The Australian.



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James Allan is Garrick Professor of Law at the University of Queensland.

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