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See you later free speech, it was nice knowing you. [Merged]

Giardiasis said:
So loose with the facts? Sheesh he got one father wrong and everybody trippin'. The 9 people involved seem more upset with his tone than his misrepresentation of a few choice "facts".
I will try one more time and then give up .

The judge said "That view is further confirmed by factual errors ......... " .

The word "errors" is a plural indicating more than one error . Andrew Bolt has admitted to "inconsequential errors "( plural ) . Just because I haven't ploughed through 135 pages of judgement to find the other errors doesn't mean they don't exist . The judge said they exist in his summary .

You would have no idea what the 9 people were more upset about .
 
Don't worry about ploughing, there are people on the internet who will do it for you.

* Bolt implied that the plaintiffs “chose” to identify as Aboriginal, but the nine plaintiffs who gave evidence at trial had each been raised as Aboriginal and had identified as such since childhood. None of them made a conscious or deliberate choice to identify as Aboriginal. (This is the “big” one). The failure to mention the plaintiffs’ Aboriginal upbringing meant that the articles were factually incorrect, because they implied that there was simply an opportunistic choice to identify as Aboriginal. [378], [398]

* In relation to Ms Heiss, Bolt wrote that she had won “plum jobs reserved for Aborigines” at each of three named institutions or enterprises. The judge said “Each of those assertions was erroneous. Mr Bolt accepted that they were wrong because they were exaggerated. One of the positions that Mr Bolt claimed Ms Heiss had won as a “plum job” was a voluntary unpaid position. The other two positions were not reserved for Aboriginal people but were positions for which Aboriginal people were encouraged to apply.”

* Bolt wrote that Ms Eatock “thrived as an Aboriginal bureaucrat, activist and academic” but Ms Eatock only had six to six and a half years of employment since 1977. Bolt also suggested that she identified as an Aboriginal for political motives after attending a political rally. The judge found that this was untrue, and that Ms Eatock recognised herself to be an Aboriginal person from when she was eight years old whilst still at school and did not do so for political reasons. [381], [407]

* Bolt wrote that Ms Cole was raised by her “English-Jewish” mother but failed to mention that her Aboriginal grandmother also brought her up. The statement that Ms Cole rarely saw her Aboriginal father was also incorrect, as she regularly saw him from when she was 6 years old, and spent a year living with him when she was older. [402] – [403]

* Bolt wrote that Ms Behrendt was raised by her white mother, but this was incorrect, and in fact her parents did not separate until she was 15, and her Aboriginal father had a continuing role in her upbringing. [404]

* Bolt wrote that Wayne and Graham Atkinson said they were “Aboriginal because their Indian great-grandfather married a part-Aboriginal woman”. In the second article Mr Bolt wrote of Graham Atkinson that “his right to call himself Aboriginal rests on little more than the fact that his Indian great-grandfather married a part-Aboriginal woman”. The judge found that this was grossly incorrect, and that the Atkinsons’ parents are both Aboriginal, as are all four of their grandparents and all of their great grandparents other than the Indian great grandfather. [406]
 
mld said:
Interesting piece by Brandis on the Racial Discrimination Act amendment.

Yeah, it's not bad.

The perception by many people that they have some inalienable right to not be offended has always amazed me.
 
evo said:
Yeah, it's not bad.

The perception by many people that they have some inalienable right to not be offended has always amazed me.

im always amazed that some people think they have some inalienable right to cause offence for no reason other than their own personal benefit, or to sell newspapers..
 
^ That puts the Chaser out of a job. I was kind of looking forward to their new show as well, although their old stuff was better than their new stuff.
 
mld said:
^ That puts the Chaser out of a job. I was kind of looking forward to their new show as well, although their old stuff was better than their new stuff.

good point.
tho the chaser, and other satirists, offend for the value of the masses, not their own. :)
 
evo said:
Yeah, it's not bad.

The perception by many people that they have some inalienable right to not be offended has always amazed me.
I agree none of us has any right not to be offended , or not to be hurt or have our reputations damaged ...... when the facts are true . If what Andrew Bolt had written was true I would be defending his right to say it was well .

What always amazes me is the use of the defence of free speech for things that are written or said that are not true .
 
Judge's discrimination ruling creates unusual bedfellows Peter Munro
October 2, 2011

Human rights advocates, not usually fans of Andrew Bolt's columns, have questioned the need for the law he was found to have breached.
CONSERVATIVE critics have formed an unlikely alliance with many human rights advocates over the Andrew Bolt Racial Discrimination Act case.


Read more: http://www.theage.com.au/victoria/judges-discrimination-ruling-creates-unusual-bedfellows-20111001-1l2zm.html#ixzz1ZadfMRBY
 
John Birmingham really gave it to Bolt this morning . Will be interesting times and fun reading if the Bolter decides to have a go back at him . ;D

http://www.brisbanetimes.com.au/opinion/blogs/blunt-instrument/how-andrew-bolt-should-be-punished-20111003-1l53v.html


The messages started early. Some on Twitter. Some emails. A couple of phone calls. All of them sourced back to one news item. The conviction of Andrew Bolt under racial vilification laws. Everyone assumed, rightly, I’d be champing at the bit to hook into the issue of m’unlearned colleague. But probably not in the way you’d expect.

I don’t see the conviction of Bolt as a triumph.

Why?

Because Bolt is the sort of oxygen thief I revel in vilifying. Nothing gives me greater pleasure than to wake up and find out that once again the champion of the overdog has disgraced himself in public and that Whacking Day is upon us.

Bolt is a gift to likes of me; a self parodying buffoon who rushed to blame the recent massacre in Norway on jihadi extremists, hours before the real perp was revealed to be the sort of unhinged, Aryan culture warrior who’d probably find Bolt’s columns about jihadi extremists to be a jolly engaging read.

People like Bolt do not need to be suppressed. They need – they desperately need – to be mocked. Mocked for their ignorance. Mocked for their paranoia. Mocked for their delusions of adequacy.

Bringing the full force of the state to bear on the likes of Bolt does not change his opinions or the opinions of the cretins who cheer him on. Decisions like last week’s simply feed into their persecution complexes. Witness this sorry excuse for a freedom fighter jabbering from his network television show and his national column and his high traffic blog that his freedom of speech is being repressed.

This is difficult, contested ground onto which the likes of Bolt drag us all. While his claims of oppression are risible (he retains remember, the blog, the column, the TV show) the general principle that our speech is not entirely free stands strengthened.

Bolt, naturally, reaches for more cover than his odious jottings deserve. The suppurating mess of his column brought him undone before Justice Bromberg, not because he is a brave writer who speaks the truth to power, but because he is a bad writer who doesn’t do his research and who uses his grotesquely amplified public voice to insult and traduce the honour of decent men and women who have not a fraction of the resources at his command to defend their reputations.

In a very real sense, Justice Bromberg was simply redressing a deeply imperfect power balance between Bolt and his victims. For victims they were. He gathered them within the confines of his column, and there set about them with vile falsehoods. One wrong claim after another. Error piled upon error, the whole teetering rhetorical edifice held in place only by the spitefulness of his prose.

This is the grotesque and sick-making irony of his latest fiasco: that he now portrays himself as the aggrieved party, having been hauled into a star chamber and stripped of his precious, precious freedoms. His freedom to insult. His freedom to slander. His freedom to wound and belittle. His freedom to do all this in the face of facts and truths he cannot be bothered getting off his soft, white, privileged arse to verify in the first place.

In doing so, he not just damages those whom he attacked, he does even greater damage to the principles for which he claims to stand. How much more difficult is it to defend an unfettered right to free speech when creatures of this ilk use it for such poor ends? To my mind, there can be only one of two explanations for what went wrong with Bolt’s column. Either he’s a liar who cared not one fig for the suffering his lies would cause. Or, my actual belief, he’s just an incompetent, egomaniacal lackwit who should never be left unsupervised around a keyboard.

Perhaps, however, there is a way out. Perhaps rather than a fine, or a spot of detention at Her Maj’s pleasure, the vilification laws might be tweaked so that malefactors like Bolt, upon conviction, lose the right to sue in defence of their reputation for a specified time. Perhaps a year. Perhaps forever.

I could live with that. And Bolt, if he is serious about free speech, should be able to live with it too. Let him write what he wants. But let the answer to his writing, when it comes, come raw and violent in rhetoric, and unencumbered by the weight of any possible defamation. After all, Bolt seems to think that being free to say whatever we damn well please about anyone is an unqualified good.
 
Sometimes I wish JB wouldn't beat around the bush so much, and let us know what he really thinks.
 
Sintiger said:
John Birmingham really gave it to Bolt this morning . Will be interesting times and fun reading if the Bolter decides to have a go back at him . ;D

Phew! I disagree with Birmingham on one point at least. I think Bolt is an extremely clever dog-whistling writer. His popularity speaks for itself. He's crossed a line in this instance and got a rap on the knuckles for it, but he's turning it all to his advantage anyway.
 
Sintiger said:
John Birmingham really gave it to Bolt this morning . Will be interesting times and fun reading if the Bolter decides to have a go back at him . ;D

http://www.brisbanetimes.com.au/opinion/blogs/blunt-instrument/how-andrew-bolt-should-be-punished-20111003-1l53v.html

Saved for posterity that is absolutely magnificent.
 
Don't think free speech has ever applied in Australia.

We have no Bill of Rights warranting such.

Personally, although an advocate of most areas of free speech, I have concerns over the American version which is all about rights and nothing about responsibility.

Again, I remind you all that the Australian legal system is all about protecting the rights of those in power, not about the individual.
 
Phantom said:
Don't think free speech has ever applied in Australia.

We have no Bill of Rights warranting such.

Personally, although an advocate of most areas of free speech, I have concerns over the American version which is all about rights and nothing about responsibility.

Again, I remind you all that the Australian legal system is all about protecting the rights of those in power, not about the individual.
A bill of rights would do nothing to improve freedom for the individual, in fact it would make it worse.
 
Giardiasis said:
A bill of rights would do nothing to improve freedom for the individual, in fact it would make it worse.

True.
As I've said before, laws are usually made to entrench the position of those in power.

Any new laws would not lessen that position but merely enforce it.

I think the last laws related to speech were made by the Howard government during the early 2Ks and restricted freedom of speech even further.