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Welcome To Free Speech

A non-illustrated guide to where conservatives continually fall short on a key pillar of liberty… 

Libertarians and conservatives might be friends on certain issues, often shoved into the same corner by the ‘progressive’ left, but it’s time we libertarians took a hard stance on free speech.

James Hol’s recent commentary regarding the proposed ‘misinformation’ bill reflected an attitude towards freedom of speech and expression that is generally shared across the entirety of the centre-right.

However, conservatives are not yet ready to defend the speech and expression of those they don’t agree with. Purporting to pick and choose who has access to free expression is a dark pathway to liberty.

Free speech is very easy to defend when you agree with the speech that is being censored – the true test of principle is to defend all speech, regardless of your personal view on what is being expressed. Yet apparently Yumi Stynes’ ‘graphic’ book titled Welcome to Sex should be ‘wrapped in black plastic’ and sold in a restricted manner akin to a pornographic magazine according to the self-confessed ‘conservative patriot’ Senator Ralph Babet. 

Comments from Stynes that she would be ‘comfortable’ with an 8 year-old child reading the book, and its availability in major retailer chains, have sparked community outrage at the supposed accessibility of such material to children. Yet what does it say about the rights of parents if conservative commentators feel entitled to decide what is suitable for other people’s children? It raises questions on our perceptions of the role of parents too – is it their job to manage what their child has access to, or is that the job of government and society at large? 

You have to wonder at what point any more restrictive approach by government towards curating children’s material could be weaponized against conservatives. This of course is the fundamental weakness in the conservative take on this issue: the lack of foresight as to how restricting the speech and expression of one group weakens it for us all in the end. Furthermore, all the attention and furore over the content of the book led to it becoming a bestseller. 

Controversial book ‘Welcome To Sex’ attracted conservative calls for it to be banned

It’s not the first time so-called ‘freedom friendly’ MPs have actually sought to curb the rights of those they disagree with. In February, Liberal Senator Alex Antic introduced a private member’s bill that sought to impose harsh criminal penalties on ‘incitement to trespass, cause property damage or traffic disruption’ (paraphrased). This was clearly an attack on extinction rebellion type traffic protests and the activities of animal rights protesters at slaughterhouses. 

Yet it doesn’t take much imagination to see how the same laws could easily have been imposed on leaders of protests against vaccine mandates. This bill was yet another reactionary, populist thought bubble that demonstrates the folly of conservatism as a philosophical vehicle to protect individual rights and reduce the size of government. 

As seen by the impact of boycotts and negative PR directed at companies such as Anheuser-Busch, Gillette, Target and Big W, it is much more effective to fight bad ideas and bad speech with consumer action as opposed to legislative action. It is also fundamentally moral – the market will ultimately determine the social licence companies have to comment on social or political issues by rewarding or punishing them via consumers. 

Good ideas don’t require force, and bad ideas don’t require banning. As libertarians we must fight both progressives and conservatives who seek to censor or ban speech they dislike.

They will invoke the innocence of children, the plight of minority groups or the collective ‘harm’ caused by disinformation, but history tells us that those doing the censoring are never the good guys. 

The only role politicians have with regards to free speech is to protect it, and the best way to protect free speech is to amend the Australian constitution, enshrining the right to freedom of speech, religion and assembly.

FREEDOM! The Daughter of Davos Resigns.

Two extraordinary things happened yesterday.

First, New Zealand Prime Minister Jacinda Ardern announced her resignation effective, at the latest, early in February 2023. (Yes, New Zealanders need to endure her for a few weeks more!)

Second, I put out this short tweet yesterday together with a video of the Prime Minister, and it went viral. In a mere 180 minutes, it was seen by 67,400 people and was still swishing around the globe as I wrote this. After 8 hours, 165,000+!

You have to ask ‘WHY?’

https://twitter.com/KenelmTonkin/status/1615875921638219778?s=20

Jacinda Ardern set a couple of records. She was the youngest female prime minister ever in 2017. Further, she gave birth whilst in office.

Of course, neither of these have anything to do with political achievement.

To be fair, we can probably agree that Jacinda Ardern is expressive.

Some went so far as to say she showed great empathy.

I think it more accurate to say any apparent empathy was self-consciously dispensed and exclusively to beneficiaries of her bias.

Any praise for expressiveness and empathy needs much closer scrutiny. It’s what she expresses that so confounds civil libertarians like you and me. And, if you don’t mind me expressing myself here dear reader, she showed a distinct lack of empathy for many during covid lockdowns, victims of which are generations not yet born as you’ll see. So read on.

Instead, what we observed was a smiling socialist, a Daughter of Davos, instinct over intellect, all feeling and no financial finesse. In short, she was a classical liberal’s nightmare.

Just look at the legacy she leaves after six reckless years in office:

  • Frequent meddling with the free market. The results: distortions in housing prices and a generation of first home buyers shut-out of their ownership aspirations;
  • A backlash against over-zealous covid restrictions and loss of personal freedoms, including creating a medical-apartheid defined by vaccination-status. See the video tweet above;
  • Conscientious objectors and the vaccine-hesitant were shunned socially, denied mobility, prevented from earning a living and targeted by government in ways the Stasi would have relished in Soviet-era East Germany;
  • Consequential increasing crime rates in the island nation;
  • Inflation sitting at 7.2%;
  • Food prices spiking 8.3% compared with the same time a year earlier;
  • Successive interest rate increases from New Zealand’s central bank;
  • A monstrous public debt! When she took office, the public debt was approximately $60 billion USD. Projections are that, based on all data currently available reflecting the decisions of her government, that the national debt will balloon to $151 billion USD by 2027. If the figure proves higher or lower than that, it will be the result of her successor’s policies, but you can see the economic vandalism on her watch. Put it this way, she led a government which racked-up triple the debt of all previous New Zealand governments combined. She went way over the credit card limit and left someone else to pick up the bill. Funny, right?;
  • For a country with a population the size of Boston, it will take three generations at least to bring that debt to heel. We are talking inter-generational theft which will crush Zoomer Kiwis’ standard of living, their children and their grandchildren. That is to say, on the day after you, I and Jacinda Ardern meet our Lord and Maker, New Zealanders will be dealing with the Ardern Economic Catastrophe for another two generations thereafter;
  • Many of them will flee New Zealand and hollow this beautiful jewel of the South Pacific. They have been emigrating anyway, mainly to Australia, the United Kingdom and the United States;
  • A strategic flirtation with the Chinese Communist Party. Her Labour Party has long shunned our liberal democratic ally, America. It was a natural progression from that to openly calling for greater integration with the communists, a weak-kneed strategy in favour of firebrand authoritarianism with a chequebook over the cleansing-balm of liberty;
  • Consistent with that predisposition towards authoritarianism, civil liberties in New Zealand were shattered under her Governments. Emergency powers poised to be invoked again at any time are left in place;
  • Chinese Communist Party infiltration of New Zealand consulates and banks;
  • She openly lied about the efficacy of covid vaccines. “If you take the vaccine, you’ll still get covid but you won’t get sick and you won’t die” was a claim she made during the height of an hysteria of her own making, and contradicted by the science and the manufacturer. Don’t believe me? Watch this …

    https://twitter.com/KenelmTonkin/status/1616211090882592768?s=20


  • More government restrictions on the access and use of water;
  • Crushing regulations on agricultural emissions;
  • Further shifting of the goal posts with hate speech laws without any safeguards as to who adjudicates what ‘hate speech’ actually is.

The adulation and applause had faded about a year ago. The shadowy World Economic Forum’s simping seemed impossibly distant now. Jacinda Ardern had to face the people of New Zealand imminently and the prospects weren’t promising.

With polling numbers in decline and the sparkle now tarnished, the Prime Minister did what all faithful authoritarians and central-planners do when their number is up. She spoke sweetly, smiled nervously, then scurried to the nearest exit hoping that the rule of law she undermined holds firm for her.

I was shocked my tweet went viral. I shouldn’t have been. Countless everyday people across the West, people like you and I, have had a gutful.

The Daughter of Davos was a symbol of all that has gone wrong over the last 3 years. So of course you cheered her departure.

I don’t think we’ll have to wait long before she re-emerges with an ostentatious job title and global brief somewhere in the world. “Poverty Ambassador-At-Large, World Economic Forum”, on $820,000 per annum, Davos chalet and chauffeur the obligatory perks on top sounds about right.

And when that happens, you and I can both smile knowingly that at least here she won’t have harmed anyone further. On her departure from the Land of the Long White Cloud, she will increase the average IQ of New Zealand, and not decrease that of the World Economic Forum.

Pardon me if I shed not a solitary tear.

Assange’s Last Appeal

Last week, Australian journalist Julian Assange’s legal team sought permission from the High Court of the United Kingdom to appeal his extradition to the United States, where he could potentially face severe penalties. This appeal represents Assange’s final opportunity to challenge his extradition within the UK’s legal system. 

Assange has become a symbol of injustice, political persecution, and the fight for freedom of speech and press freedom. Behind the symbolic figure lies a human being languishing in the high-security prison.

The same week witnessed international outcry over the death of Alexei Navalny, who died in a Siberian prison. World leaders, including British Prime Minister Rishi Sunak, Canadian Prime Minister Justin Trudeau, and U.S. President Joe Biden, condemned Russian President Vladimir Putin for Navalny’s imprisonment, a man they consider a journalist who spoke out against the Russian President. They asserted that he was murdered, although they had no evidence to support this claim. 

The United States’ criticism of other countries for jailing journalists is deeply hypocritical in the context of Assange’s case.

Assange has been indicted under the Espionage Act 1917, his alleged crime being publication of classified documents that exposed corruption, government misconduct, surveillance, and war crimes. The US government has focused on the publication of the documents, which it says exposed sources and personnel to danger. Both Republican and Democrat administrations have opted to use Assange as an example to deter other journalists from similar disclosures. 

Supporters argue the documents were divulged by Chelsea Manning (who was convicted and then pardoned), and that Assange’s prosecution threatens freedom of the press. They contend that his actions as the founder of WikiLeaks were acts of journalism protected by free speech and the principles of press freedom. They insist he is being selectively targeted for political reasons rather than legitimate legal concerns, highlighting the discrepancy in treatment compared to other journalists and media organisations.

Granting leave to appeal would prolong Assange’s pre-trial detention, further deteriorating his health. Holding him in a maximum-security prison is normally reserved for those convicted of serious crimes, yet he has not been convicted of anything. There are no reasons why alternatives such as house arrest could not be employed. 

Assange’s prosecution in the US raises concerns about government overreach, the chilling effect on free speech and journalism, and the erosion of civil liberties in the name of national security. The High Court must carefully consider the potential human rights implications of extradition, including the risk of cruel, inhuman, or degrading treatment. Assange’s status as a non-U.S. citizen complicates matters, as he lacks the same legal standing to claim First Amendment protections in U.S. courts, despite the global implications of his case for press freedom and whistleblowing activities.

Both Republican and Democrat administrations have opted to use Assange as an example to deter other journalists from similar disclosures. 

The prolonged pre-trial detention of Julian Assange while awaiting an appeal also poses concerns for the rule of law and due process. In contravention of the presumption of innocence, Assange’s extended confinement undermines fundamental legal principles, casting doubt on the fairness and impartiality of the legal proceedings against him. 

The United States’ criticism of other countries for jailing journalists is deeply hypocritical in the context of Assange’s case. The U.S. government’s pursuit of Assange undermines its commitment to press freedom and freedom of expression, both domestically and internationally. While condemning other countries for similar actions, the U.S. government fails to uphold these fundamental principles when it comes to Assange. By continuing to prosecute Assange and seeking his extradition, the U.S. undermines its own credibility as a champion of human rights and democratic values. The initiative by Presidential candidate Robert Kennedy Junior to petition for Assange’s release and pledge a pardon on the first day of his presidency serves as a compelling argument for his immediate release.

At this critical juncture in Julian Assange’s legal battle, mere appeals for justice fall short of addressing the urgent humanitarian issue. Assange’s deteriorating health underscores the immediate need for his release. The prolonged legal proceedings have taken a severe toll on his physical and mental well-being, making his continued detention untenable. It is evident that Assange’s health is rapidly deteriorating, and every passing day in detention further exacerbates his condition.  The time for legal manoeuvring has passed; what is needed now is decisive action to rectify the grave injustice inflicted upon Assange and ensure his right to life, freedom, and dignity. 

As we await the outcome of the High Court’s decision, we must remember that true justice can only be realised through the immediate abandonment of the extradition request and the immediate release of Assange.

Slaying the dragon of censorship.

Is there no wild beast more savage than man when his passions are armed with power?

This is the question the ancient Greek historian, Plutarch, asked in relation to the actions of the newly formed triumvirate of Octavian (soon to be Rome’s first emperor, Augustus), Antony, and Lepidus as they turned on their Roman countrymen in their quest for power in the final stages of the fall of the Roman Republic in 43 BC.

It is a reasonable question to be asked of anyone aiming to assume leadership over their fellow citizens, no matter the period in history. That we have enough warnings of the traps which men fall into, should be uppermost in our minds when it comes to seeing our democracies as fair and reasonable.

At least we are only de-platformed, never to be seen in cyberspace again!

The most prescient warning, articulated in what I consider the best advice when setting up government, was penned by the Roman historian, Livy.

“The study of history is the best medicine for a sick mind; for in history you have a record of the infinite variety of human experience plainly set out for all to see; and in that record you can find for yourself and your country both examples and warnings; fine things to take as models, base things, rotten through and through, to avoid.”

To the question of power, I argue that it is even more pertinent today in our modern liberal democracy, because we were led to believe that modernity has ushered in a more humane, decent, and enlightened way to conduct our lives. 

Recent events, however, prove otherwise. 

Much has been written about the powers sought by Australia’s e-Safety Commissioner, Julie Inman-Grant, to silence Australians as if we were kindergarten children who cry out for guidance at every turn in the playground. 

By now we ought to be used to unfettered power being sought and wielded by senior bureaucrats; the recent four years of mandates and scare tactics being a prime example. But we should never get used to our political representatives further bolstering those powers without consulting the people first. 

It is frightening to consider what might lay before us here in Australia, with the recent announcement by opposition leader, Peter Dutton, that the Liberal Party in government would introduce a ban on social media for children under 16 years of age. 

This is the mainstream party that apparently espouses the values of individual liberty.

Dutton says that facial recognition to determine somebody’s age is “appropriate.” That, therefore, would leave anyone over 16 needing to comply with this ultimatum if they want to have a social media presence.

No doubt the government will call it “choice.” We will be told it is all in the name of safety; in this case, keeping children safe online. Nobody disputes the gold standard of being able to keep children safe from harm, but to punish law-abiding citizens by extinguishing their individual right to express themselves and associate with others in a peaceful way, is wrong. 

Is there no wild beast more savage than man when his passions are armed with power?

I guess we should consider ourselves fortunate compared to the punishment dished out in the ancient world. 

As the Roman Republic lay dying in the late first century BC, Cicero offended Marc Antony in several of his speeches, declaring Antony an enemy of the state. 

For his efforts of expressing views to save his beloved Republic from a would-be tyrant in Antony, Cicero had his head and hands cut off, the latter pinned to the rostra in the forum. It was said to be a reminder of what happens to those who disagree with the ruling elite of the day but it was, for Antony, a statement of revenge upon the man who consistently delivered powerful invectives against his character.

At least we are only de-platformed, never to be seen in cyberspace again!

But the words of Cicero are still as meaningful today as they were when he warned his fellow senators that “servitude is the worst of all evils.” 

It is with a degree of risk that we stand up publicly and declare his warnings today, but to do so with the eloquence of a man who is considered by many to have been Rome’s greatest politician, would be sweet indeed:

“To be slaves to libertines, bullies, foul profligates, gamblers, and drunkards, that is the ultimate in misery joined with the ultimate in dishonour.”

Is “Freedom” a Non-Word?

The past few years have prompted a more focused view upon the word Freedom and all that it entails. Covid lockdowns along with coercive directives to take a new and warp-speed developed vaccine to “save Grandma” have been at the core of it. 

When I ran as a candidate in Australia’s federal election in 2022 for the United Australia Party, I was one of four freedom candidates vying in my electorate of Lilley. One day on pre-poll, I approached a journalist from one of our major newspapers to ask why we were being ignored by the press, and the public not afforded the opportunity to hear what we had to say. His response was to cast his arm widely over the throng of people lining up on a very wet and wild day to say that we were irrelevant, and that what all those people out there were interested in was only “red” and “blue.” 

We need to look to the innovation, strength, resilience, valour and honour of past heroes and heroic deeds if we are to reclaim our own worth. 

After explaining to him why I was standing up for our freedoms and challenged him to tell me why the people didn’t have the right to hear our messages, he told me: “Freedom is a non-word.”

Naturally I disagreed, and the historian in me tried to appeal to his better judgement, given that his own career reflected the freedoms available to him to pursue a path to write and communicate his thoughts and ideas. 

If Freedom was indeed a non-word, we wouldn’t be beneficiaries of the ancient Greeks’ idea of democracy, nor of the political system we inherited from the Romans, which was created to ensure the people had a voice and for the three levels of government to remain separate. 

Imagine telling Socrates, the man who questioned everything and who encouraged others to do the same, that the word Freedom meant nothing at all? I doubt he would have needed hemlock to see his last day – the shock would have taken him out.  

Almost four years have gone by since our world changed, and many people have forgotten about the egregious rules and punishments that were handed down from on high. They have proceeded to carry on with their lives, tut-tutting those of us who remind them of just what the government overlords did. 

If Freedom was indeed a non-word, we wouldn’t be beneficiaries of the ancient Greeks’ idea of democracy, nor of the political system we inherited from the Romans

Australians are by nature laid back. Sadly, that proved more true than many of us thought possible when the majority knelt before the altar of the Leviathan. 

The future may look grim as we watch our inherent rights taken away from us, but I continue to look to the wisdom and foresight of the ancients as they navigated their own way through the quagmire of tyranny and oppression. We need to look to the innovation, strength, resilience, valour and honour of past heroes and heroic deeds if we are to reclaim our own worth. 

Because history does matter. And so does freedom.

When the Gauls razed Rome to the ground in 390 BC, the general, Camillus, had to restore faith in the soldiers and the people to continue to defend and believe in their own freedoms. Many wanted to leave the ruins and rubble of their beloved Rome, but Camillus would have none of that, stating:

“Must it be seen that Gauls could tumble Rome to the ground, while Romans are too weak to lift her up again?”

It is my hope that one day soon our nation will wise up enough to do the same heavy lifting which is required to reclaim what is rightfully ours, and what is absolutely a word unto itself – Freedom.

Green Sky Thinking

Imagine a fictional country named “Straya” has an authoritarian government that prohibits the publication of misinformation. The law defines misinformation as any information that is not approved by government authorities. It also states that misinformation does not require proof of intent to constitute spreading false information.

Straya’s government publicly declared that the sky is green. John, a citizen of Straya, posted on social media that the sky is blue, contrary to the government’s assertion. He shares a photo of a blue sky from his backyard, along with a caption discussing the colour of the sky.

… an authoritarian government that prohibits the publication of misinformation.

The authorities in Straya, relying on the broad and unworkable definitions in the legislation and their discretionary powers, classify John’s post as misinformation simply because it contradicts the government’s approved narrative. The social media company is obliged to remove John’s post or risk severe fines. There is no need to prove that John intended to spread false information or that he acted maliciously. John might be mistaken, but his post is automatically categorised as misinformation because it contradicts the government narrative and the authorities decided his post is likely to cause harm to the Straya environment.

While this example is obviously hypothetical and intentionally ridiculous, the recently released draft of the Australian Government’s Communications Legislation Amendment (Combating Misinformation and Disinformation) (Bill) 2023 could make it a reality.

The Ministry of Truth

In this fictional tale, Straya’s authoritarian government wields an alarming power: the authority to define truth. The actual, non-fictional proposed legislation, reminiscent of George Orwell’s “1984”, similarly allows the government to label any information not approved by the authorities as misinformation. This broad definition could include opinions and viewpoints that challenge the government’s narrative, stifling legitimate debates and discussions. The absence of an intent requirement opens the door to suppressing dissent under the guise of combating misinformation.

The Victorian Bar published a submission on the Bill.  In their own words: “The Bar is concerned that the Bill creates an unlevel playing field between governments and other speakers. Any view authorised by the government is, by statutory definition, not ‘misinformation’, however false or misleading it might be. Only information that is not authorised by government is capable of being ‘misinformation’ as defined. That double standard is illiberal, and disadvantages critics of government in comparison with a government’s supporters”.

The Ambiguity of Definitions

One of the Bill’s major flaws lies in its ambiguous definitions. The legislation requires a distinction between “information” and other online content. However, what exactly constitutes “information” remains unclear. This ambiguity creates a chilling effect on free speech, as individuals and platforms are forced to self-censor due to fear of legal repercussions. The lack of transparency surrounding what qualifies as misinformation gives the government a powerful tool to selectively target and suppress voices that oppose its narrative.

This ambiguity creates a chilling effect on free speech

The Broad Concept of Harm

The Bill’s broad definition of “harm” compounds the concerns over freedom of expression. It extends the definition to cover situations where content might only be “reasonably likely” to cause harm or “contribute to” harm. Such a wide interpretation opens the door for subjective judgments and potentially oppressive actions against content creators, further inhibiting open discussions that are essential for a healthy democracy.

Defending Democracy and Freedom

The example of Straya serves as a stark reminder of the potential consequences of legislation that undermines freedom of expression. In the real world, the fictional scenario shares alarming similarities with the concerns raised over the Australian Government’s proposed legislation. The Victorian Bar’s submission regarding the Bill underscores the danger of allowing governments to wield unchecked power over information, stifling opposition, and undermining the democratic principles of transparency, accountability, and open debate. The Bar concludes that as the Bill is currently drafted, it should not be enacted.

The Victorian Bar slammed the Bill as ‘illiberal’.

To quote directly from the Bar’s submission: “The exclusion in subclause (e) (content that is authorised by a government) highlights the Bill’s significant inroads into freedom of expression. The views of government — any government — are automatically protected from designation as ‘misinformation’, however inaccurate, controversial, or contestable they may be; yet the views of critics of government (whether the political opposition, NGOs or private individuals) are at risk of precisely such a designation. The prospect of politically charged accusations of ‘misinformation’ against opponents and critics readily presents itself. The later history of the Star Chamber was replete with exactly such politically motivated claims of misinformation.”

That double standard is illiberal

The Star Chamber operated from the 15th century until its abolition in 1641. The Court was used as a tool of government to bypass the rule of law and to exert control over political dissenters. The Bar’s explicit mention of the Star Chamber should serve as a warning as to how concerning this Bill is to the function of democracy in Australia.

BREAKING: Violent CCP thug convicted in NSW

This week, a pro-Beijing self-described ‘spontaneous patriot’ was successfully convicted in a Sydney court of criminal intimidation.

Last August 2022, prominent pro-democracy activist and former Hong-Kong Legislative Councillor, Ted Hui, suffered a politically driven assault and intimidation in Sydney.

Chinese Communist Party supporter, Billy Kwok, influenced by the Chinese government’s propagandist apps WeChat and Weibo, was not happy with Mr. Hui’s pro-democracy advocacy. So, he decided to take matters into his own hands and used violence to handle a political difference of opinion.

The police officially charged Mr. Kwok in September 2022, but the case was delayed due to ‘mental health’ grounds.

These delays were overcome and, this week, a Sydney court found him guilty on two counts of criminal intimidation, handing-down both a community service order of 12 months and a $500 fine.

On hearing the verdict, Mr. Hui said, “This successful prosecution sends two important messages to the community. Firstly, all people in Australia have the right to express their political views freely. This must be respected.”

“Secondly, pro-Beijing people need to understand that they cannot use violence against any person, just because they have a different political persuasion. The rule of law underpins the way Australian society is governed”, he continued.

Liberty Itch praises Mr. Hui for his courage and tenacity in defending Australian free speech and fighting for democracy in Hong Kong.

Freedom, Moral Norms and the State

Are moral norms compatible with individual freedoms? The answer should be an obvious “yes”, yet in Western liberal democracies like Australia there appears to be growing doubt, confusion and uncertainty. A society that permits individual freedoms necessarily results in moral pluralism. Moral pluralism, in turn, manifests in the existence of diverse moral norms, which is to say moral speech and practices that not only diverge, but conflict. Add migration and a policy of multiculturalism to individual freedoms, and a society characterised by a high degree of normative moral pluralism is assured. This is precisely what has occurred in Australia. 

Until recently, this kind of moral diversity (cloaked in the language of cultural diversity) was a cause for celebration, at least by Australia’s urbane, educated elite. Today, that same elite increasingly regards moral diversity as something threatening and harmful. Individuals and groups that find moral criticism, which is to say moral diversity, confronting, challenging and offensive, now demand protection from the “harmful” moral speech and practices of others. That is, they demand the state involve itself in matters of moral conflict amongst citizens. 

The clamour for state intervention in the arbitration, policing and implementation of moral norms is particularly evident in the culture war. Progressive and conservative protagonists in this putative “war” appear to agree on at least one thing: moral differences are political problems that ultimately can only be resolved via the “social apparatus of coercion and compulsion,” to use Ludwig von Mises’s description of the state. 

To treat the state as the arbiter of the conflicting moral beliefs found amongst its citizens is to turn moral difference into political conflict. 

Once the state is deemed to be the appropriate apparatus for arbitrating moral disputes between citizens, it becomes a political prize worth fighting for among those engaged in moral dispute precisely for the fact that it promises to place immense coercive powers in the hands of its victor. In this way the state becomes a tool for implementing a unitary moral vision through the prohibition and suppression of alternative moral norms deemed unpalatable. 

If gaining control of the social apparatus that is the state proves unattainable, its organs can always be lobbied and pressured to further the culture warrior’s moral agenda through legislation, litigation, appointments and funding decisions. Failing that, those seeking to vanquish their moral enemies can employ what John Stuart Mill termed “social tyranny” to hound, harass, troll and ultimately cancel moral heretics. 

The tragedy of the culture wars is how little is at stake in the issues at the centre of the conflict versus how much is at stake in the statist aims and ambitions of the warring parties. Instead of enlisting the state and its courts to sue a Christian baker who refuses to bake an LGBTQ-themed cake for a same-sex couple, the couple could simply procure their desired cake from another business and move on with their lives. 

Similarly, instead of hyperventilating about drag queen story hour in cities thousands of miles away from their home and clamouring for the state to intervene to ban them, offended conservatives could simply exercise their freedom to not attend such events and, again, move on with their lives. In fact, there is nothing to prevent either party from publicly expressing their respective displeasure at the other with as much vim and vigour as they see fit. There is wide scope for spleens to be vented in a free society.

But increasingly, people seem to be incapable of living comfortably in a society containing individuals who adhere to moral norms that clash or conflict with their own, particularly the young people we have managed to transform into nervous wrecks, in no small part because we do not instil in them the resilience that is required to live in the midst of pluralism, along with the inevitable conflict and criticism that comes with the territory. What’s worse, growing numbers seem to be affronted by the very idea that society would even permit individuals the freedom to articulate and practice moral norms they deem to be objectionable. 

The problem, of course, as stated earlier, is that individual freedom unavoidably leads to moral pluralism, which guarantees that free citizens will have to tolerate moral difference, divergence and sometimes offense if they genuinely want to live in a free world. The alternative is moral authoritarianism, cloaked in the language of social justice, natural law or Biblical virtue. 

This brings us to libertarianism. Libertarianism has its own normative moral vision just like any other ideology. What distinguishes it, however, is that its moral vision is limited and aims specifically at fostering pluralism, not mitigating or eliminating it. “The libertarian creed rests upon one central axiom,” Murray Rothbard wrote in For a New Liberty, “that no man or group of men may aggress against the person or property of anyone else.” 

Moral pluralism, in turn, manifests in the existence of diverse moral norms, which is to say moral speech and practices that not only diverge, but conflict.

While more can be, and has been, said (and debated) about this central axiom, one encounters consensus among libertarians that the nonaggression principle is at the epicentre of libertarian moral norms. The limiting principle of nonaggression does two things in relation to morality. Firstly, it limits moral freedom to acts and practices that do not constitute aggression against other individuals. Secondly, it rules out any effort to impose, prohibit or suppress moral speech, acts or practices by using either violence or coercion, provided the speech, act or practice in question itself observes the nonaggression principle. 

Note that the libertarian nonaggression principle does not necessitate moral neutrality, agnosticism or relativism on the part of citizens. Well-defined and articulate moral norms—entire moral codes, for that matter—can be held and adhered to with as much passion and dogmatism as each citizen feels compelled to. They must simply respect the right of others to dissent, and then commit to not using violence or coercion to impose their moral dogma on others. Advocating, propagating, arguing, debating, persuading, cajoling, urging, pleading: none of these activities constitute violations of the nonaggression principle. 

Moral relativism is possible within a libertarian moral order. However, it is not demanded by it. Moral norms are compatible with the exercise of individual freedoms within the governing principle of nonaggression. The state, on the other hand, ought to adopt a disposition of neutrality and agnosticism in relation to moral questions and disputes that do not involve violations of the nonaggression principle. The moral role of the state is to protect citizens from aggression (this function is performed by protective associations in the private law society of anarcho-capitalism). The definition and boundaries of nonaggression are necessarily questions that the state must form a view about, for obvious reasons. What pronouns someone uses, what books children can read at school and what people are allowed to say publicly about the institution of marriage are not.

To treat the state as the arbiter of the conflicting moral beliefs found amongst its citizens is to turn moral difference into political conflict. This is both unnecessary and undesirable. And it is libertarians who should be sounding the alarm. All other political ideologies operate according to normative moral systems that are to be implemented for the common good, for the sake of divine injunction, to comply with the natural law or to bring into being some promised utopia. The liberation moral vision, in contrast, is designed to foster a free society that respects and protects moral diversity. A society that can tolerate diverse and even conflicting moral norms can afford to limit the scope of the state. A society that cannot tolerate moral diversity needs a large, powerful, interventionist state to sort out all its moral differences.

Does Australia Need a Bill of Rights?

Does Australia need a Bill of Rights? After all, Australia is, it surprises many to learn, the only Western democracy with neither a constitutional nor legislated Bill of Rights. Various attempts over the years to legislate one have failed.

The closest Australia ever got to a Constitutional free speech right was in 1992, when the High Court ruled that the Constitution carried an implied right to free speech — in political matters only. As the Chief Justice observed:

To sustain a representative democracy embodying the principles prescribed by the Constitution, freedom of public discussion of political and economic matters is essential:  it would be a parody of democracy to confer on the people a power to choose their Parliament but to deny the freedom of public discussion from which the people derive their political judgments.   

If that sounds like a reach, later High Court rulings found that it was. When a public servant who had been sacked for criticising the government on Twitter appealed the sacking on the grounds of such an implied right to political speech, she lost. The court ruled that there is no personal right to free speech, but a restriction on legislative power, which “extends only so far as is necessary to preserve and protect the system of representative and responsible government mandated by the Constitution”.

The Australian government is, very quietly, once again resurrecting the idea of a legislated “Human Rights Act”

If anyone still doubted that Australians’ basic rights are not protected from government overreach, the last five years should have put a brutal end to such illusions.

But Canada has a Bill of Rights, and so does New Zealand, and yet their governments were no less draconian in crushing basic rights, from informed consent, to free assembly, to free speech.

So it looks like a Bill of Rights is worth precisely shit when the government boot comes down.

Or is it?

For all its faults, the United States’ Bill of Rights is holding up reasonably well against sustained assault by the state and its corporate attack dogs.

The difference lies in how a Bill of Rights is framed: to whit, which view of freedom is at its heart.

There are, in essence, two basic conceptual frameworks of freedom, with very different outcomes. These are positive liberty and negative liberty. At first blush, “positive liberty” may seem like the preferred option. It’s “positive”, after all!

In fact, positive liberty is the stomping ground of collectivist ideologies which are almost invariably associated with the worst shackles placed on individual freedom. That’s because positive liberty is better understood as “freedom to”.

That is, the freedom to act only within the constraints set down by law and society. Anti-discrimination laws are an example of positive freedom: citizens are free to act only within the bounds established by the laws enacted by the state. You are free to say only this and not that. You are only as free as the state decides to let you be. You can choose any colour, so long as it’s black.

Negative liberty is very different. Negative liberty is the “freedom from”. Freedom from constraint. Negative liberty establishes what citizens can tell the state it is not allowed to do. It is the type of freedom associated with classical liberalism and libertarianism. The US First Amendment is a negative liberty: Congress shall make no law… The Second Amendment is in the same vein: the peoples’ right shall not be infringed.

The other great difference between the USA’s, and NZ’s and Canada’s, Bills of Rights is that the United States’ is Constitutional; NZ’s and Canada’s are legislative.

A Constitutional law is the absolute bedrock law of the land. No matter what the government of the day may legislate, it must conform to the Constitution.

Legislation can be overturned by a simple vote in parliament. Or, like NZ’s, it can be restricted such that it cannot override any other legislation. Unlike the US Supreme Court, a NZ court cannot strike down or override any act of parliament with reference to the Bill of Rights. Which makes it a moot point as to why it exists at all.

The only way to get a Constitutional Bill of Rights in Australia would be by referendum. Good luck with that. The Australian Constitution was framed such that amending it is extremely difficult: a proposed amendment must secure not only a national majority of voters, but a majority of voters in a majority of states as well. Australians have, by and large, chosen to validate that high hurdle: of 45 referendums since Federation, only eight have ever been passed.

No referendum has ever passed without bipartisan support (and few indeed of those that had bipartisan support). Given that a legislated Bill of Rights has never made it past parliament, the chances of it passing referendum seem almost nil.

A major reason that a Bill of Rights has never passed parliament, let alone been proposed at referendum, is the suspicion voiced by former prime minister John Howard that such a Bill would transfer power from elected representatives to unelected judges and bureaucrats. It’s not hard to see the wisdom of his observation: consider, after all, just how much power health bureaucrats seized during the pandemic.

The closest Australia ever got to a Constitutional free speech right was in 1992

Even the High Court’s “implied right to free speech” decision could be seen as just the sort of judicial overreach Howard warns against. As the US Supreme Court did in 1973 with Roe vs. Wade, the Australian High Court took it on itself to invent a potentially far-reaching decision out of Constitutional thin air. More recent High Court decisions, which affectively affirm the role of magic — a supposed Aboriginal “spiritual connection to the land” — in law show that such unelected judges are the last people to whom we should trust our rights.

As it happens, the Australian government is, very quietly, once again resurrecting the idea of a legislated “Human Rights Act” — and it’s even worse than you might think. 

As should surprise no-one, given its origin in a left-wing government, it’s mired, waist-deep, in a mindset of positive liberty. That is, it’s all about what the state will allow Australians to do — not what Australians can tell the state what it cannot do.

For instance, freedom of religious belief is only allowed at the discretion of a judge. A judge can restrict religious freedom any time he or she considers it “reasonable” and “justified”. Religious freedom may be restricted in order to “protect public safety, order, health, morals or the rights of ­others”.

Who wants to take bets on how politically-appointed judges will interpret that one?

Freedom of speech gets even shorter shrift. Speech may be restricted — again, at a judge’s discretion — “in order to respect the rights and reputations of others or to protect national security, public order or public heath”. Ask Zoe Buhler, the Victorian mum arrested, pregnant, in her pyjamas, and crying, in front of her children, simply for posting the details of an anti-lockdown protest on Facebook, how that one’s likely to play out.

Perhaps the most alarming aspects of the proposed Human Rights Act is that it would include a mechanism that would enable everyone to sue for monetary compensation whenever they decided that their rights had been breached. Again, we only need to look at how aggrieved activists, most notably the “rainbow” lobby, have weaponised the existing “human rights” infrastructure to threaten critics and impose a chilly pall of silence on matters of essential public debate.

While it may be bad enough that Australia lacks any formal Bill of Rights, the threat of an ill-intentioned, badly framed one is infinitely worse.

It all comes down, in the end, to what Tony Abbott so famously asked during Australia’s last referendum campaign: do you really trust politicians?

Anyone who still does, clearly spent the last five years either in a deep coma, or developing a slavish taste for boot leather.

Who will watch the Watchers?

The Inspection House Principle

Curiosity for a deeper understanding of how Jeremy Bentham’s Inspection House principle relates to our current world has got the better of me. There is so much to dissect in the Panopticon that I thought it fitting to follow on from last month’s contribution.

At the end of his treatise, Bentham stresses that his principle of inspection should not be confused with that of spying, but rather, monitoring. He argues that those under surveillance must know they are subject to being watched, as this will result in producing the intended ideal outcome of: “morals reformed, health preserved, industry invigorated, instruction diffused, public burdens lightened, economy seated as it were upon a rock, the Gordian knot of the poor-laws not cut but untied…”

Yet, the detailing of his idea belies such an approach:

“It is obvious that, in all these instances, the more constantly the persons to be inspected are under the eyes of the persons who should inspect them, the more perfectly will the purpose of the establishment have been attained.” 

Those who are incarcerated would be fully aware of being watched, in the same way we associate with the omnipotent eye of Big Brother. But to insist they will somehow be “kept in the loop” by their watchers is folly.  Also, such an approach would merely produce robots rather than solve an unsolvable problem via the cutting of a Gordian knot. 

There is no institution the globalists have left untouched in implementing their own Inspection House principle.

It is idealism on steroids to assert that those who you’ve incarcerated would always be kept abreast of your intentions and then expect to obtain the results referred to above. It is akin to today’s central planners – their intentions versus actions always at loggerheads. 

This brings us to the question of who will watch those watching us?

Tyrannical-type characters have been waiting in the wings to exert their control over societies throughout history. At least in the ancient world there was a limit to how much territory those with power could seize; we are not so fortunate. The global entities of the UN, WEF, and WHO have gained a stronghold over the entire world. They work in lockstep with one another and with leaders of every nation – witness the coordinated pandemic response of 2020, still bearing fruit in 2024 via whipped up fear of new deadly viruses on the horizon – and predictions of global boiling ready to consume us in a fiery furnace. 

Jeremy Bentham’s circular cell building arrangement of surveillance eerily mirrors what we are seeing planned today with 15-minute cities and herding of people from regional to urban areas. We are told it is to make life easier when it is just a foil to “monitor” us more closely. 

Jeremy Bentham’s

Consider this final paragraph of Bentham’s Panopticon:

“What would you say, if by the gradual adoption and diversified application of this single principle, you should see a new scene of things spread itself over the face of civilised society?”

Between 1787 and 2024 his idea has indeed spread, gradually and fully over the face of civilisation. 

Bentham refers to his principle as a “great and new invented instrument of government,” going on to define its excellence as the “great strength it is capable of giving to any institution it may be thought proper to apply it to.” 

Stopping the spread requires parents and extended families to reclaim control over the raising of their children. It begins with the young, as they will be the future leaders and shapers of the world to come. No easy task when all around we see large, factory-like buildings being constructed for the sole purpose of “early learning.” 

Bentham stresses that his principle of inspection should not be confused with that of spying, but rather, monitoring.

Reforming offenders in prisons is one thing, but schools are something else; at least, that’s what most of us would think. Yet, in Letter 21 of his treatise, Bentham raises the spectre of introducing “tyranny into the abodes of innocence and youth.”  

Including the next generation in the need to be trained within a setting akin to reforming prisoners, reveals Bentham’s inclination to authoritarianism. Yet it is at this level that world rulers seek to manipulate and control.  The current global ruling elite relish the idea of control, portraying it under the guise of moral reformation (much the same as Bentham), for example with health emergencies and restrictions cloaked in the narrative of keeping us safe.

Who better to inculcate a heart wrenching story into the minds of the young than those who seek to rob us of our freedoms and liberties? There is no institution the globalists have left untouched in implementing their own Inspection House principle. Have they managed to take Bentham’s blueprint to its natural conclusion? One may wonder at such a feat of horror. 

But wonder, we must. When Bentham writes of a “simple idea of architecture” being the vehicle to improve morals, productivity and stabilise the economy, this does not necessarily mean a physical place, for in our world that would indicate our digital environment. We are already incarcerated inside our very own modern-day Panopticon, replete with watchmen on every digital corner. 

Quis custodiet, ipsos custodes – Who will watch the watchers? 

We must!

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