The totalitarian effect of anti-free speech legislation.

• Author: Spry, I.C.F.
• Position: LEGAL NOTES - Editorial
• Pages: 64(3)

Of increasing concern has been the spreading tide of legislation that, on socio-political grounds, prevents freedom of expression and freedom of choice. It now appears, for example, that if a person wishes to engage a secretary, the person cannot discriminate against men, or against homosexuals, and so on. This restriction of liberty of choice or association is improper and dangerous. Australians should be able to employ whomsoever they wish, and they should not be compelled to enter into close associations with those they do not prefer.

Ominous restrictions have also appeared in regard to freedom of expression. It is now unsafe to criticise homosexuals, for instance. Recently two Sydney radio presenters were ordered by an administrative tribunal to apologise for critical comments made about homosexuals, and homosexuals have become aggressive in pursuing by legal/ administrative proceedings those who speak disapprovingly of them.

Recently the Jewish and Moslem lobbies have succeeded in many States in having legislation enacted to proscribe racial or religious "vilification". (The term "vilification" is itself an artifice. Initiating "serious contempt ... or revulsion" or "severe ridicule" is enough. (1))

Hence it becomes unlawful to express repugnance for a Muslim terrorist, for example, who on the ground of his "religious belief or activity" murders large numbers of innocent civilians. (2) Likewise many statements by the more extreme Muslim religious spokesmen in Australia should be treated appropriately with contempt or revulsion. But to react in this way is...