Daily Archives: September 28, 2023

The politics of the 2023 Voice referendum non-existent in 1967 – Echonetdaily

Posted: September 28, 2023 at 5:21 am

Remembering the 67 referendum: Liz Swain, Charline Emzin-Boyd, Val Timms, Terry Timms and Janet Kneale. Photo Tree Faerie

Australians voted in the 1967 referendum on May 27, 1967. Harold Holt was the prime minister at the time, a Liberal MP who led a Coalition with the Country Party.

The referendum had three issues asked in two questions, regarding two bills to alter the Australian Constitution.

The first question sought to increase the number of members in the House of Representatives. The second question (Constitution Alteration [Aboriginals] Bill 1967) related to Indigenous Australians and was in two parts: voters were asked whether to give the federal government the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes.

The amendments to the Constitution were overwhelmingly endorsed, winning 90.77 per cent of votes cast and having majority support in all six states. The Bill became an Act of Parliament on August 10, 1967.

Three women, in their early to mid-thirties, voted in that referendum. Each was the mother of small children and had experience in varying degrees with Aboriginal people.

Janet Kneale said that she was born into the sixth generation of a Queensland grazier dynasty.

Three generations of my family had Aboriginals working the land. The first two were just given food. The third generation, which was my mothers generation, they paid them. But, when they came to work on our property, they werent sitting at the lunch table with us, they were put in a shed out the back.

Cemented in Janets memory is a moment in time when she came upon one of the workers. I saw Mick Cook. He was eating his lunch alone on tumble-down chairs. Even though I was ten, I knew it was all wrong.

I voted in 1967. When they announced it I thought its about time. I had such pleasure to write Yes.

Liz Swain says the 67 event wasnt even a blip on her radar. I dont remember the 1967 referendum at all. I have spoken to a lot of my friends who are the same age none of them remember the referendum. There was just no opposition to it so it was non-controversial.

Val Timms says in 1967 she was surprised that they didnt already have those things in place.

I knew about it, I was amongst the ones that were helping to organise it, she said.

One thing the three women agree on is that the vote and the lead-up, in their view, was not politicised. It was a bipartisan event that wasnt about agendas. There was no opposition and almost 91 per cent of the nation agreed.

Whats happened? asks Liz.

Its become so political. It is totally divisive. Thats confusing people. Thats the problem. Not just the fact that theyve got this opposition but theyre making up all these things.

Liz says if you dont know about the issue then you need to go and find out.

Really! I was shocked when I heard the National Party came out and say they were going to vote No. This is shameful. It is totally shameful.

Val Timms says she hopes todays youth will get on board. Young people are becoming more aware and they will fight and I think theyll fight for whats right.

Janet Kneale says her memory has played that scene with Mick Cook over and over.

Ive carried that all my life. Ive followed Aboriginals and whats been going on with their meetings and trying to get a Voice.

Some might think me eccentric, I suppose, but Ive been saying for a long time theres one more thing Ive got to do before I go, and I think this is it.

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Azopardi says ‘treaty can be reached’ and his team can deliver – Gibraltar Chronicle

Posted: at 5:21 am

27th September 2023

A GSD government would not turn back the clock on treaty negotiations despite serious misgivings about aspects of the process to date, party leader Keith Azopardi said on Wednesday, insisting an agreement can be reached.

Mr Azopardi was speaking during a press conference in which he also announced that a GSD administration would continue to attend the UN to champion self-determination and would invite the Leader of the Opposition to present a joint front in New York.

Flanked by GSD candidates Damon Bossino, Roy Clinton and Daniella Tilbury, Mr Azopardi said his team had ample experience and expertise to continue the treaty talks if elected, dismissing as nonsense GSLP/Liberal claims that the party would be soft on Spain.

Asked if he believed a deal was possible, Mr Azopardi said: I think an agreement can be reached.

I think an agreement can be reached because I take at face value the mood music that is out there.

I know it's a very difficult, complex issue, and with open eyes I don't underestimate how difficult and how complex it will be.

But I do think that the political climate is for a possible, safe and beneficial agreement.

The GSLP/Liberals have made the Brexit negotiation a central theme of their campaign, insisting that now is not the time to change the team that has been dealing with Brexit since 2016, first securing access to the UK market for services, then ensuring transition arrangements were extended to Gibraltar after withdrawal, and now negotiating a UK/EU treaty to guarantee post-Brexit fluidity at the border.

But the GSD insists it is up to the job, a message that was hammered home repeatedly on Wednesday.

Experience aside, Mr Azopardi rejected any suggestion that the GSD was at a disadvantage given the political relationships and contacts built by caretaker Chief Minister Fabian Picardo and his deputy Dr Joseph Garcia over many years of Brexit negotiations.

He noted a recent interview in El Pais in which Mr Picardo had said the thorny political issues in the talks had largely been resolved and that what was needed now was less politicians and more lawyers to complete highly technical, highly legal work.

Surely thats an argument that washes away any possible fear that people may have that this [negotiation] is built on political relationships that we dont have and they do, and that were not going to inherit, Mr Azopardi said.

He stressed several times too that a GSD administration would still be able to rely on the civil servants and government officials, both here and in the UK, who had been involved in the negotiations, and that he was confident Mr Picardo would offer every assistance possible in the interests of Gibraltar should he lose the election.

Mr Azopardi underlined his own experience both as a lawyer and on international issues during his time as GSD minister, including the joint sovereignty episode and the negotiation on constitutional reform leading to the 2006 Constitution.

I believe that if the GSD is elected to government, we have the competence to deal with those issues. I do this all the time for a living, he said.

People drop me into very complex issues and load me with documents to read overnight. I do this all the time. This doesn't faze me, it doesn't worry me.

It's up to the people of Gibraltar what they do on the 12th of October. But this issue is not an issue in front of them or a hurdle as to why we shouldn't be elected.

Mr Azopardi played down too the fact that his party had levelled deep criticism at the GSLP/Liberals over their handling of Brexit, but would now have to take over if they won.

The GSD, for example, had previously raised very serious misgivings about aspects of the New Years Eve framework agreement that underpins the treaty negotiation, describing it as flimsy.

Despite those criticisms, Mr Azopardi recognised that his party would not seek to undo the work to date.

If we're elected on the 13th October, I acknowledge we're not turning back the clock, he said.

We're going to work with what we inherit and therefore we are going to take that work forward.

It would be entirely unrealistic, and indeed, that is not our aspiration, to rewrite the New Year's Eve agreement.

What we are going to take forward is the work that has been done under it.

That position extended to the controversial Gibraltar/Spain tax treaty too, despite the GSDs view that the agreement was an intrusive, negative arrangement for Gibraltar.

The GSD, he said, would not seek to scrap the tax treaty if elected, at least for now.

And I say for now because I'm also conscious that the more important issue for us is to land a safe and beneficial agreement, and I recognise that it may be part of the mix, he added.

Would we have done that deal if we had been negotiating? The answer is no.

But we're going to inherit the New Year's Eve agreement that we don't like, we are going to inherit the tax treaty that we don't like.

But we are looking at the bigger prize of the safe and beneficial agreement.

We will reserve our position on all these issues until such time as we progress those talks, hopefully so as to land a safe and beneficial agreement.

ALLIANCE INCONSISTENT

The GSD leader was critical of what he described as fundamentally inconsistent messages on the treaty from the GSLP/Liberals.

That was a reference to statements by Sir Joe Bossano in Parliament earlier this year in which he said the most Gibraltar could hope for was a deal for four years, during which Frontex would handle any Schengen immigration checks.

Are they standing for election on the basis that they are saying to the people of Gibraltar they want to deliver a permanent agreement, or are they standing for election on the basis that they are saying that it is not possible to reach a final permanent agreement with the EU and that all they can achieve is four years, which is what Sir Joe Bossano says? he told reporters.

They need to be clear with the people of Gibraltar what they are offering on this issue. This confusion there is needs to be dispelled.

Mr Azopardi said that on fundamental issues such as Spanish presence inside Gibraltar, the GSD would adopt a firm line.

The issue for us in Gibraltar is not that we are going to enter into an arrangement between the UK and the EU for Gibraltar, or indeed that certain functions would understandably be coordinated from the adjoining member states, Mr Azopardi said.

The issue is whether there are then boots on the ground, to use colloquial language. That is the issue in Gibraltar.

For the GSD, it would be unacceptable that there should be Spanish boots on the ground in Gibraltar.

And while the devil would be in the fine detail of any treaty, he added: I cannot envisage a scenario where it would be acceptable. It's as simple as that.

Mr Azopardi put great emphasis too on rejecting assertions from the Alliance that his previous academic writings on Andorra would be seen as a weakness at the negotiating table.

Mr Azopardi has repeatedly stated that he does not advocate an Andorra-style solution for Gibraltar, but the GSLP/Liberals continue to press on the issue.

People know what I stand for. I've been in politics for 30 years, he said.

People know that they can trust me to deliver and protect Gibraltar as I have before when I have been in office.

People know that the GSD will not give an inch to Spain on issues of sovereignty, jurisdiction and control.

People know that the GSD has protected Gibraltar before and it will protect Gibraltar again if the people of Gibraltar entrust us with the privilege of leading this community.

I have a very clear message on that issue: the nonsense that is being said on the issue of Andorra, and the misinterpretation of everything that I have said before, is complete mischief making and lies.

The GSD leader said the party would also continue to prepare for a no deal scenario should talks fail, adding: We will pick up on the work that has been done before.

UNITED NATIONS

Mr Azopardi said the GSD if elected would be present at the United Nations to advocate strongly for the international recognition of the rights of the people of Gibraltar.

We will attend the United Nations, both the Fourth Committee and the UN Committee of 24, to make that case for Gibraltar, he said.

Not only will we attend, we will invite the Leader of the Opposition to join us in a united delegation to represent Gibraltar.

I would hope that that invitation, if the GSD is elected to government, that invitation that will be tendered for the first time since the 1960s to a Leader of the Opposition would be accepted.

I would hope that a leader of the opposition of the GSLP/Liberals would not be churlish enough to wish not to present a united front at the United Nations.

Mr Azopardi also spoke of the need for constitutional reform and said the GSDs aim would be to ensure additional checks and balances on government were reflected in this core piece of legislation.

He said a GSD government would commit to engaging with the UK Government on a process of constitutional reform.

We recognise now that the Constitution that we obtained in 2006, which was a great advancement then, now needs further change, he said.

It needs further change on a number of issues.

Not least it needs an injection of further checks and balances on the power of government.

I've said before that the GSD intends to be a radicalising government that will, for the first time in history, take measures to lose power, to create greater accountability as its legacy, to ensure that the government, the GSD government, and indeed future governments, face further entrenched checks and balances.

Because that delivers better government and better quality of decision making. It's as simple as that.

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Political trajectories and futures after the Easter massacre debate – ft.lk

Posted: at 5:21 am

Trashes Aragalaya at UNGA

Sajith regains edge

AKD maintains momentum

Harsha: Ranilnomics adherent

Dullas: PM on Sajiths ticket?

Dont think that the Easter Sunday attack was the last. In the future too there could be more attacks

State Minister for Defence Pramitha Bandara Tennakoon

President Ranil Wickremesinghe misused his speech at the UN General Assembly to attack the Aragalaya that liberated Sri Lanka from a racist autocrat and opened the path for him to become President. He falsified contemporary history:

Even our Democratic traditions were threatened by attempts to occupy our Parliament and bring it to a halt. Nevertheless, we succeeded in bringing about a democratic political transition, due to our deeply entrenched and resilient democratic traditions. (presidentsoffice.gov.lk)

Wickremesinghe hypocritically omits to mention his violation of those democratic traditions by refusing to hold local authorities and provincial council elections, and even mention next years presidential election.

Ranils UNGA version not only contradicts what everyone saw and read in the global media but also democratic opinion across the planet which regards the Aragalaya as a heroic, unarmed, democratic, citizens uprising; (good) pluralist civic populism which overthrew (bad) autocratic, ultranationalist, militarist populism.

Watch his hands

While silently applauding President Wickremesinghes balanced views on world affairs at the Carnegie Institute, I was not convinced. Never mind what he says, watch his hands, is a realist adage attributed to John F Kennedy.

Ranil talks a storm about nonalignment, autonomy and neutrality, but his projected handover of Trincomalee and the Eastern province to India, one of the players in the great power competition, a member of a coalition against another Asian powerChina-- makes nonsense of his assertions.

Such intimate multidimensional dependence on India, establishing contiguity with a giant neighbour, eradicating our island reality and reducing our homeland to an archipelago of a subcontinent, will render us a satellite, a puppet on a string, a pearl pendant on an Indian necklace. So much for Ranils pro-Sri Lanka affirmation.

Ranils rule will incorporate us into Akand Bharat as a periphery, eliminating our unique linguistic and hydraulic civilisational heritage and identity. We shall be unable to choose our direction; determine our destiny. Our de facto capital will be Chennai, power-center of Dravidianism, or Delhi, power-centre of Hindutva, not Colombo.

Congressional crosshairs

With his Anti-Terrorism Act and Online Safety Bill, Ranil is striding into a minefield in the US Congress. There is mounting criticism on Capitol Hill of the Sri Lankan governments human rights and governance record and current conduct, as reported by the prestigious Foreign Policy magazine (FP).

The caption of the FP Report by Anusha Rathi and Jack Detsch says Congress Wants to Hold Sri Lankas Feet to the Fire on Human Rights and the strap beneath it reads The United Nations has given the international community the greenlight to punish Sri Lanka for torture. Congress has taken it. Extracts follow:

Congress is calling on the Biden administration to formally hold Sri Lanka responsible for its human rights abuses and violation of international humanitarian law, including decades of torture, military abuse, and other horrific crimes carried out against the countrys minority Tamil population.

In a letter sent to Secretary of State Antony Blinken and obtained by Foreign Policy, 12 members of Congress from both sides of the aisle urged the State Department to follow Article 30 of the United Nations Convention Against Torture and hold Colombo, which has consistently failed to make tangible progress toward justice and accountability, responsible.

In our view, the impunity enjoyed by Sri Lankan perpetrators, which has also enabled Sri Lankas economic and political crises, is counter to Americas commitment to upholding human rights and democratic principles and must be stopped, wrote the lawmakers, led by Rep. Summer Lee (D-Pa.) and Rep. Bill Johnson (R-Ohio), who are calling on the State Department to hold Sri Lanka legally accountable to the U.N. convention on torture.

Congress is pushing the State Department to hold Sri Lanka to the U.N. torture conventions by opening up formal negotiations under the international statute, but if those measures and arbitration fails, Congress would like to see the Biden administration take the case all the way to the International Court of Justice (ICJ) at the Hague, as Canada and the Netherlands recently did to punish Bashar al-Assads brutal dictatorship in Syria.

The Sri Lankan authorities today continue to stifle activists, journalists, and non-governmental organisations. The countrys northeast region, home to a majority of the Tamil population, remains heavily militarised with residents being forced to flee or give up land. Last summer, the countrys military cracked down on hundreds of peaceful protestors as they demonstrated against the government amid a brutal economic crisis while Sri Lanka battled a food and fuel shortage and inflation skyrocketed to 55 percent.

Emilia Rowland, the communications director for Rep. Lee, the freshman member of Congress heading up the letter, said a report from the U.N. High Commissioner for Human Rights released earlier this month that called on the international community to pursue accountability for the atrocities spurred U.S. lawmakers into action.

No alleged Sri Lankan government or military perpetrator has been held responsible for international crimes in or outside Sri Lanka, Rowland said. State responsibility for torture can help address the impunity created by the utter lack of domestic and international criminal justice. Canada and the Netherlands recently took Syria to the ICJ. Ultimately, we hope to see the same happen for Sri Lanka. (Congress Wants To Hold Sri Lanka Accountable For Human Rights Abuses (foreignpolicy.com)

Regarding his Anti-Terrorism and Online Security bills Ranil Wickremesinghe should be asked much the same question that Clint Eastwood posed the injured bank robber groping for his shotgun on the sidewalk, in Dirty Harry: seeing as the US Congress, the most powerful legislative body in the world has your administration in its gunsights, do you feel lucky?

Shadow States political wing

Politics for the next few years has been illumined and inflected by the recent parliamentary debate on the Easter Sunday massacre in the light of the Channel 4 revelations.

The SLPP is now the political wing of the Rogue State, or Hidden/Invisible Government as Opposition Leader Sajith Premadasa variously called it, or the Deep State as Patali Champika Ranawaka more conventionally classified it. I call it the Shadow State.

The entire discourse of the SLPP in the parliamentary debate was recognisably from the 2019 Gota campaign. The SLPP is stuck in the Gotabayan time-warp, with talking points provided by handlers deployed by the securocracy.

Kanchana Wijesekara declared that many of the SLPP parliamentarians had been opposed to the 52-day interlude of Maithripala Sirisena and Mahinda Rajapaksa in 2018. That was the last gasp of moderate SLFP-type patriotism/nationalism, defeated not only by the courts and the UNP, but also sabotaged by the SLPP parliamentarians who had already lined up with Gotabaya or Basil.

By its uncompromising, unrepentant rhetoric in the Parliamentary debate, the SLPP has quite irretrievably lost the Catholic/Christian vote which Sirimavo won in 1970, CBK in 1994, and Mahinda in 2005 and 2010.

Quite unlike Mahinda, the GR camp had a vicious anti-Catholic/Christian streak. Despite Gotas assertions in the concluding paragraphs of his response to the latest Channel 4 documentary, of his warm munificence towards the Catholic Church and community during his mercifully short presidency, it was Gotabaya as Secretary/Defence who approved the incarceration of a Catholic nun from India, belonging to the Missionaries of Charity founded by Mother Teresa. She was released only because Mahinda overrode GR when Cardinal Malcolm Ranjith threatened to boycott the Presidential Christmas party.

It was also on Gotas orders that heavily-armed military moved into Rathupaswela. The Catholic Church in the area was shot into, a civilian who had sought shelter inside murdered (with his skull shattered) and nuns ordered to kneel at gunpoint. The commanding officer was given a DPL appointment by Gotabaya.

In 2024-5 the SLPP starts with huge minus: the Catholic/Christian and Muslim votes. Gotabayas cuckoo fertiliser policies and exploding gas-cylinders have already decimated the SLPP in the Sinhala-Buddhist heartland.

Sajiths moment

In the landmark debate on the Easter massacre the best speeches were by Sajith Premadasa and Anura Kumara Dissanayake. Noticeably better than AKDs (a high bar), Premadasas speech was a Benelli combat shotgun which shredded the credibility of the Governments entire argument.

Sajiths performance over the intense two-day debate revealed a persona with focused firepower which if maintained with a consistency lacking so far, could see him elected President next year. However, speeches alone, in parliament or outside, do not a president make, or else wed have had an Anura Bandaranaike presidency. He was an excellent Opposition Leader and orator.

What will count is how Sajith and the SJB fare, not merely on governance and human rights, but on economic constriction, inequity and ruinous privation-- which should have been home-ground to President Premadasas son and paradoxically isnt so (yet), thanks to his partys para-Ranil profile on economics.

The upcoming Budget debate, the last before the presidential election, will be a real test of who-- Sajith or Anura-- can produce a discourse which combines the most rational and balanced economic strategy with the greatest public appeal (something that Ranasinghe Premadasa was maestro of). In a shrinking economy, that is the battleground on which elections are won or lost.

Can the centrists win?

The SJB is pulling in two directions rather than following Sajiths lead, unlike the NPP-JVP which is backing AKD fully. The SJB has to decide whether it is running with Ranil or against him; whether it represents continuity with Ranils economic agenda or is the alternative to it.

The NPP-JVP knows its main asset and attraction is Anura, but the SJB has a pretentious faction that obtusely believes its main asset is not its leader Sajith Premadasa, but its overhyped economic team. That factions ideological inspiration is not President Premadasa, the developmental-political superstar, but Ranil Wickremesinghe and Mangala Samaraweera, the electoral liabilities.

While SWRDs SLFP severed upon birth its umbilical cord with the great DS Senanayakes administration he prominently served in, the SJB parades continuity with Ranils undistinguished administrations of 2001-2004 and 2015-2019 (our Government). Significantly, though led by Sajith Premadasa, the SJB does not trace its roots to the Premadasa presidency and development miracle.

Meanwhile the public is looking not just to turn the page but throw away the old volume with the Ranil Wickremesinghe and the Rajapaksa chapters. The NPP-JVP surfs that populist zeitgeist while the SJB represents no zeitgeist at all.

While Dr Harsha de Silva springs to the unqualified defence of EPF-ETF slasher Mahinda Siriwardena, he and the SJB economic troika maintain a deafening silence on Indrajit Coomaraswamys anti-elections economics lecture.

The SJB confuses its main competitor with its main enemy. The NPP and SJB are each others main competitors /rivals, but their main enemy is Ranil because the presidential election is an audition for the most authentic champion of the people who will end their pain and hopelessness soon. This means a fight for the peoples hearts and minds, against the Establishment and the status quo, i.e., the incumbent and his economic sadism.

In Ceylon/Sri Lanka and the world at large, it is never an undivided Right but almost always a Social Democratic or progressive centrism, often as a broad coalition sharply demarcating itself from the polarising Right, that beats a polarising Left.

The secret of centrist electoral success lies not in the antipodal counterposing of liberal-democracy to populism, but in a composite constellation or fusion: liberal democracy, social democracy, populism, patriotism. A populist liberal-democracy/social democracy; a liberal-democratic/social-democratic populism. Thats how Bandaranaike (1956) and Premadasa (1988) won.

A progressive-centrist alternative can defeat the rancid Right (Ranil-UNP-SLPP-Gota party) and the monopolistic (one-party) Left. A Right or Centre-Right substitute cannot.

Ranasinghe Premadasa didnt run on anyone elses policy platform but his own. If Sajith Premadasa runs on Harsha de Silva and the economic troikas policy platform, it means he represents that economic policy and can be expected to put it into practice.

This means Sajith will forfeit his greatest asset: the Premadasa magic and the appeal of an updated, upgraded resumption of the Premadasa model which produced a development miracle.

Sajith should run on a ticket of himself as President and Dullas Alahapperuma as PM.

SP and AKD should call for the 2nd preference vote to be given to the other, so that one of them can win, causing a generational shift.

The national and public interest are best served by a vote for Premadasas son, the Opposition and SJB leader, at the presidential election.

If the SJB stands for continuity with economic Ranilism including structural Indianisation, the most rational choice is to vote for AKD-JVP-NPP at the parliamentary election, giving Anura the Prime Ministership.

No single party can successfully address the countrys crisis. Either Sajith + Dullas or Sajith + Anura is the power-sharing combination for this extreme situation.

Alternate endgame

In the political multiverse there can be another, bloodier endgame. A sinister moment in the Easter debate was when D. Weerasinghe, a lean, mean, young SLPP MP, declared that there are reports that those who were in the Aragalaya, burned houses of MPs, murdered them, and marched on Parliament trying to occupy it, are training militarily in remote locations.

This could herald a false flag operation, combined with the ghastly ghosts of the Jayewardene 1980s: the bogus Naxalite Plot and detention in Army custody of Vijaya Kumaratunga before Referendum 1982, and the post-July 1983 frameup of the JVP, which led to its proscription, renewed clandestinity, and massive second insurrection.

Following Indrajit Coomaraswamy, Emeritus Prof. Nimal Sanderatne has argued against Presidential election 2024 and the Parliamentary election. (Upcoming elections may undermine economic reform, stability and growth | Print Edition - The Sunday Times, Sri Lanka).

Experienced Indian Lankanologist and Observer Research Foundation (ORF) analyst N Sathiya Moorthy has critically surfaced the postponement scenario, speculating that the regimes formula may be bundling the presidential and parliamentary elections together on the scheduled deadline for the parliamentary election, 2025-- a year later than the presidential. (Is Govt Afraid Of Voters? | MENAFN.COM)

It is the abortion of the Jaffna DDC election of 1981 and the cancellation of the parliamentary election of early 83 by Referendum 82, rendering the TULF and parliamentarism irrelevant, that enabled the Tigers to leap to the forefront, eliminating a Sri Lankan army patrol in an ambush and triggering July 83 after which it grew exponentially. Referendum 82 had the same effect in the South. The moderate Opposition, the SLFP became irrelevant. The JVP rose in hyper-violent insurrection.

Cancelling (zero-funding, postponing) Presidential election 2024 would turn Ranil, now an illegitimate (no popular mandate) but legal (constitutional) ruler, into an illegitimate and illegal (unconstitutional) dictator, deserving and requiring popular overthrow. A shrinking economy, amply-documented immiseration (relative and absolute), and dictatorial rule, constitute a recipe for revolt, rebellion and revolution.

[This column will be rested next week as the writer will be moderating a panel at the 20th Annual Meeting of the Valdai Discussion Club, Russia. The Valdai 20th anniversarys theme is Fair Multipolarity: How to Ensure Security and Development for All.]

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First Amendment Forum Discusses Free Speech – The Parthenon – MU The Parthenon

Posted: at 5:20 am

College campuses would not flourish without the freedom of speech, said a First Amendment lawyer on free speech at an on-campus forum.

Not only is free speech important, but there is particular solicitude for it on our university and college campuses, said Ronnie London, a general counsel lawyer with the Foundation for Individual Rights and Expression.

London spoke on Wednesday, Sept. 27, at the Universitys First Amendment Forum and clarified what the highly debated amendment protects and what it does not. He explained that certain categories of speechsuch as true threats, fighting words, fraud, blackmailare classified as unprotected speech.

Part of utilizing free speech rights, said London, is recognizing ones ability to disagree with others. He called this an internally radical idea that uses speech and not force to resolve our differences.

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Nobody is infallible. Nobody has a monopoly on the truth, and there is no authority out thereor there should be no authority out thereto decide for every single individual what the truth is, he said. Wars and crusades and persecution should not be the ideal. Its not healthy for anyone, and it rarely actually solves anything.

London highlighted Sweezy v. New Hampshire, a 1957 United States Supreme Court case pertaining to the role of free speech at a state university. In the case, a professor had gone to jail for refusing to answer questions about a lecture he had given; however, the court ruled the jailing as a violation of due process, and he was released.

London labeled this case as one of the first to seek judgment on the First Amendment as it applied to a college campus.

He went on to talk about hate speech and how different groups of people may define it differently, saying that it is in the eye of the beholder.

It is not for an official body, like the university, like the government, to pick sides on those issues, London said.

While the term hate speech can be subjective, speech that brings direct discriminatory harassment is punishable by those institutions. However, to reach punishment, London said that the speech must reach a high level of discrimination.

He defined discriminatory harassment as an action so severe, pervasive and objectively offensive and targeted to an individual or group of individuals that it effectively bars the victims access to educational opportunities or benefits.

Additionally, London said that when a person confronts an idea that upsets them, sometimes ignorance is bliss.

I find ignoring things to be terribly underrated, he said.

London also said that silencing the opposite side can do more harm than good.

Youve lost the opportunity to persuade them that theyre wrong, he said. Also, youve lost the opportunity to persuade everyone else who might see it.

Speaking up is not to be confused with censorship, though, he said.

Once you try and shut down that speaker, youre not speaking anymore. Youre censoring, London said.

London believes that free speech is a vital part of our society, an idea that University President Brad D. Smith agrees with.

The right to free speech is the most foundational element of our democracy and of our country, Smith said. What we learned here today is what is offensive, or what ends up being defensive, is a very individual interpretation, and its not subject to an institution to make that decision.

He went on to say, This is a skill we have to develop in ourselves and we have to learn to understand and appreciate others.

First Lady Alys Smith, meanwhile, said that the presence of free speech is a needed element on campus.

Free speech is exactly what we need so that people have the free exchange of ideas, she said. Its the only way we learn from each other, even if we dont like what we hear.

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First Amendment Forum Discusses Free Speech - The Parthenon - MU The Parthenon

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U.S. Senate panel weighs free speech and deep fakes in AI … – Minnesota Reformer

Posted: at 5:20 am

Artificial intelligence could be used to disrupt U.S. election campaigns, members of the U.S. Senate Committee on Rules and Administration said during a Wednesday hearing.

But the hearing showed that imposing laws and regulations on campaign content without violating constitutional rights to political speech will be difficult.

Elections pose a particular challenge for AI, an emerging technology with potential to affect many industries and issues, committee Chair Amy Klobuchar, a Minnesota Democrat, said. AI can make it easier to doctor photos and videos, creating fictional content that appears real to viewers.

Klobuchar called that untenable for democracy.

Klobuchar said the hearing underscored the need for Congress to impose guardrails for the use of AI in elections. Klobuchar is the lead sponsor of a bipartisan bill, with Republicans Josh Hawley of Missouri and Susan Collins of Maine and Democrat Chris Coons of Delaware, that would ban the use of AI to make deceptive campaign materials.

With AI, the rampant disinformation we have seen in recent years will quickly grow in quantity and quality, she said. We need guardrails to protect our elections.

But some Republicans on the panel, and two expert witnesses, also warned that regulating AIs use in elections would be difficult and perhaps unwise because of the potential impact on First Amendment-protected political speech.

A law prohibiting AI-generated political speech would also sweep an enormous amount of protected and even valuable political discourse under its ambit, said Ari Cohn, free speech counsel for TechFreedom, a technology think tank.

Klobuchar twice used an example of AI-generated deep-fake images, meaning wholly false images meant to look real, that appeared to show former President Donald Trump hugging Anthony Fauci. Fauci is the former leader of the National Institute of Allergy and Infectious Diseases who is deeply unpopular with some sections of the Republican electorate because of his positions on COVID-19.

The images were used in a campaign ad by Florida Gov. Ron DeSantis, who along with Trump, is running for the 2024 Republican nomination for president.

Trevor Potter, the former chair of the Federal Election Commission, testified that election laws are intended to help voters by requiring transparency about who pays for political speech and who is speaking. AI could upend those goals and make interference by foreign or domestic adversaries easier, he said.

Unchecked, the deceptive use of AI could make it virtually impossible to determine who is truly speaking in a political communication, whether the message being communicated is authentic or even whether something being depicted actually happened, Potter said. This could leave voters unable to meaningfully evaluate candidates and candidates unable to convey their desired message to voters, undermining our democracy.

Klobuchar asked the panel of five witnesses if they agreed AI posed at least some risk to elections, which they appeared to affirm.

Misinformation and disinformation in elections is particularly important for communities of color, said Maya Wiley, the CEO of the Leadership Conference On Civil And Human Rights.

Black communities and those whose first language is not English have been disproportionately targeted in recent elections, including material generated by Russian agents in 2016, she said.

Misinformation in campaigns has been attempted without AI, said Neil Chilson, a researcher at the Center For Growth And Opportunity at Utah State University. Deception, not the technology, is the problem, he said.

If the concern is with a certain type of outcome, lets focus on the outcome and not the tools used to create it, Chilson said in response to questioning from ranking Republican Deb Fischer of Nebraska.

Writing legislation narrowly enough to target deceptive uses of AI without interfering with common campaign practices would be difficult, Chilson said.

I know we all use the term deep fake, but the line between deep fake and tweaks to make somebody look slightly younger in their ad is pretty blurry, Chilson said. And drawing that line in legislation is very difficult.

If a federal law existed, especially with heavy penalties, the result would be to chill a lot of speech, he added.

U.S. Sen. Bill Hagerty, a Tennessee Republican, said he didnt trust the Biden administration and Congress to properly balance concerns about fraudulent material with speech rights and fostering the emergence of AI, which has the potential for many positive uses in addition to possible nefarious ones.

While he said he saw issues with AI, Congress should be careful in its approach, he said.

Congress and the Biden administration should not engage in heavy-handed regulation with uncertain impacts that I believe pose a great risk to limiting political speech, he said. We shouldnt immediately indulge the impulse for government to just do something, as they say, before we fully understand the impacts of the emerging technology, especially when that something encroaches on political speech.

Responding to Hagerty, Klobuchar promoted her bill that would ban outright fraud that is created by AI.

That is untenable in a democracy, she said.

Minnesota Secretary of State Steve Simon testified that while it may be difficult for courts and lawmakers to determine what content crosses a line into fraud, there are ways to navigate those challenges.

Sen. Hagerty is correct and right to point out that this is difficult and that Congress and any legislative body needs to get it right, he said. But though the line-drawing exercise might be difficult, courts are equipped to draw that line.

Congress should require disclaimers for political ads that use AI, but such a requirement shouldnt replace the power to have content removed from television, radio and the internet if it is fraudulent, Klobuchar said.

She added that in addition to banning the most extreme fraud, her priorities in legislation that could see action this year would be to give the FEC more authority to regulate AI-generated content, and requiring disclaimers from platforms that carry political ads.

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What can Gadow case tell us about free speech? – Times Higher Education

Posted: at 5:20 am

A former law lecturer who has raised tens of thousands of pounds to bring an unfair dismissal case against the Open University has claimed that universities remain largely oblivious to their academic freedom responsibilities, despite recent legislation.

Almut Gadows case has been championed by critics of universities who say institutions have endemic issues with free speech and academic freedom. Her crowdfunder, which has raised its initial target of 70,000, is being supported by the Free Speech Union.

She alleges that she was fired from the UKs biggest higher education provider for questioning gender identity-based changes to the curriculum.

The OUsaid her dismissal for gross misconduct was upheld on appeal and that it rejected the offensive and spurious allegations she has made.

Her case focuses on the universitys law school which like many academic departments has been attempting to liberate its degree programmes. Dr Gadow said this included instructions to teach students about diverse gender identities and to use the preferred pronouns of offenders in case studies. She objected to this, saying it conflicted with a lawyers role of focusing on the facts of a case and was adistraction for students.

I dont object to some people having this agenda in the same way as I dont mind people having whatever politics they choose to, Dr Gadow told Times Higher Education.

What I mind is academic institutions feeling that they can force academics to become conduits of that agenda. Thats what I am trying to challenge.

Dr Gadow said she had repeatedly attempted to question the changes, including on an online staff forum, but her posts were removed by management.

Questioning what is in module materials has always been a part of what tutors do, said Dr Gadow, who worked for the OU for nearly a decade.

Normally when one raises these kinds of issues, provided you do it courteously, the answer would always be, Thanks, well have another look at it.

From the very first time I raised issues of gender, the answer was, We will not change any material in this regard full stop, and this is the last thing we will say about it.

The case comes after the passing of the Higher Education (Freedom of Speech) Act, which created a new free speech champion post within the Office for Students, now held by Arif Ahmed, and handed the regulator new powers to enforce free speech responsibilities. Dr Gadow said time will tell whether this would have made a difference to her case.

I could have gone to the free speech tsar, and he certainly could have intervened to some extent, Dr Gadow said. Iknow some academics think he will go in and sort it all out, but if you have ever looked at regulation, you will know that is not really likely.

Even where a regulator finds one of the entities it regulates to be breaking the law, in the overwhelming majority of cases they do no more than provide words of advice.

Universities can also be sued under the new act when it fully comes into force, but Dr Gadows case instead draws on Article10 of the European Convention on Human Rights and the UKs Equality Act in an attempt to entrench academic freedom protections in employment law.

In theory, it is already the case that human rights law protects academic freedom to a very high degree, she said. But it has never been put before a judge, so in practice universities are largely oblivious to this.

A spokesperson for the OU said: Almut Gadow was dismissed after a finding of gross misconduct. The dismissal was upheld at an appeal hearing chaired by an independent and senior barrister.

Since being dismissed, Almut Gadow has made a series of offensive and spurious allegations online which we reject in the strongest of terms. We welcome the opportunity the tribunal hearing provides to present our evidence about the facts of this case.

tom.williams@timeshighereducation.com

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NJ flips to strongly protecting free speech from lawsuits, by David … – Press of Atlantic City

Posted: at 5:20 am

Unifying moments worthy of celebration are woefully rare in modern politics. Especially when it comes to free speech.

New Jersey just earned one.

Thats because Gov. Phil Murphy recently signed a new law passed unanimously by both houses of the legislature that strengthens the free speech rights of all New Jerseyans.

The law, called the Uniform Public Expression Act (UPEPA), is whats known as an anti-SLAPP law. SLAPP stands for strategic lawsuit against public participation. SLAPPs are lawsuits aimed at preventing speakers from exercising political speech rights, usually using a meritless defamation claim as the pretense for a suit. Without anti-SLAPP protections, plaintiffs with deep pockets can use costly litigation to silence speech they dont like.

Laws like UPEPA help speakers of all kinds defend themselves against SLAPPs. Without such defenses, the burdens and costs of fighting SLAPPs can not only crush political speech but can also be personally and financially devastating to speakers targeted by such lawsuits. Moreover, in jurisdictions without anti-SLAPP protections, the looming threat of potential SLAPPs chill speech. This means that would-be speakers will avoid speaking in the first place for fear of suffering serious consequences merely for exercising their First Amendment rights.

In passing UPEPA, New Jersey joins 32 other states and the District of Columbia as jurisdictions with anti-SLAPP laws. Even better, New Jersey becomes the 20th state to pass a strong anti-SLAPP law. New Jersey previously had no anti-SLAPP protection at all, which prompted it to earn a grade of F in the Institute for Free Speechs 50-state Anti-SLAPP Report Card.

UPEPA dramatically improves that dismal free-speech landscape. The law closely tracks the model anti-SLAPP language recommended by the respected, nonpartisan Uniform Law Commission. This language ensures that an anti-SLAPP law contains key provisions that enhance deterrence of SLAPPs.

These provisions help to deter SLAPPs and minimize litigation costs for defendants, including permitting a winning defendant to recover an award of costs and attorney fees. Other essential provisions include a requirement that plaintiffs show that they have a legitimate case early in the proceedings. Defendants also have a right to an immediate appeal if the court denies an anti-SLAPP motion. Finally, the new law instructs judges to interpret the laws speech protections broadly, helping to ensure that those protections extend to expression on any matter of public concern.

The effectiveness of this language and the importance of such laws have attracted the support of groups from across the political spectrum. In fact, a diverse coalition of 28 signers, including organizations such as the ACLU, National Right to Life, International Association of Better Business Bureaus, Motion Picture Association, and the News Media Alliance, published an open letter in support of the Uniform Law Commissions model UPEPA in 2022, with the Institute for Free Speech as an organizing member.

This wide range of support reflects the positive impact that anti-SLAPP laws have on the fundamental right to free expression. Even in these politically charged times, anti-SLAPP laws often enjoy tremendous bipartisan support because they safeguard everyones right to free speech.

That was certainly the case in New Jersey. The bill that became UPEPA had deep bipartisan sponsorship and passed without a single no vote in either the Assembly or the Senate.

Now, New Jerseyans of either party or no party can celebrate the fact that their elected officials have not only addressed a significant legal shortcoming in the state, but they have done so with a new law that is among the strongest in the entire country.

As a result, New Jersey speakers can speak more freely, secure in the knowledge that they enjoy legal protections against those who would silence them.

David Keating, of Chevy Chase, Md., is the president of the Washington-based Institute for Free Speech.

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EFF, ACLU and 59 Other Organizations Demand Congress Protect … – EFF

Posted: at 5:20 am

Earlier this week, EFF joined the ACLU and 59 partner organizations to send a letter to Senate Majority Leader Chuck Schumer urging the Senate to reject the STOP CSAM Act. This bill threatens encrypted communications and free speech online, and would actively harm LGBTQ+ people, people seeking reproductive care, and many others. EFF has consistently opposed this legislation. This bill has unacceptable consequences for free speech, privacy, and security that will affect how we connect, communicate, and organize.

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The STOP CSAM Act, as amended, would lead to censorship of First Amendment protected speech, including speech about reproductive health, sexual orientation and gender identity, and personal experiences related to gender, sex, and sexuality. Even today, without this bill, platforms regularly remove content that has vague ties to sex or sexuality for fear of liability. This would only increase if STOP CSAM incentivized apps and websites to exercise a heavier hand at content moderation.

If enacted, the STOP CSAM Act will also make it more difficult to communicate using end-to-end encryption. End-to-end encrypted communications cannot be read by anyone but the sender or recipient that means authoritarian governments, malicious third parties, and the platforms themselves can read user messages. Offering encrypted services could open apps and websites up to liability, because a court could find that end-to-end encryption services are likely to be used for CSAM, and that merely offering them is reckless.

Congress should not pass this law, which will undermine security and free speech online. Existing law already requires online service providers who have actual knowledge of CSAM on their platforms to report that content to the National Center for Missing and Exploited Children (NCMEC), a quasi-government entity that works closely with law enforcement agencies. Congress and the FTC have many tools already at their disposal to tackle CSAM, some of which are not used.

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First Five: Covering drag and free speech in Tennessee – Southwest Virginia Today

Posted: at 5:19 am

Within just my first year as The Tennesseans inaugural First Amendment reporter, many remarkable issues have arisen, though one story in particular took the fight for freedom of expression to the national level: that of the states attempt to restrict drag performances through the law.

The story for me, anyway, started as many drag-related stories do: with sore feet and an insufferable number of outfit changes.

Instead of performing on a stage, however, swathed in glitter and creative costumes, I was driving at an ill-advised speed across the state of Tennessee at 1 a.m. in early October 2022. I had just traded the nude stilettos and maroon dress I wore for my twins wedding rehearsal for a pair of beat-up boots and jeans to report on a drag performance in Jackson, Tenn. A drag performance that, unbeknownst to me, would mark the very beginning of the massive cultural debate in the state.

Weeks previously, my colleague and I heard through our local grapevine rumblings of conflict in our small west Tennessee city regarding an upcoming Pride event and drag show. Although this was just before my transfer to The Tennessean as the First Amendment reporter, the pushback to a constitutionally protected activity immediately piqued our interest.

Leading the charge against the event was a local legislator and members of a local church who hours before the event was scheduled to begin argued in court to restrict the event to adults-only attendance, something organizers ultimately agreed to do. Members of the local church advocated heavily for the cancellation of the event, saying events like these ridicule the basic laws of nature and decency and are an improper usage of the First Amendment.

The restriction of the show to adults-only was not enough, in the legislators own words, and he vowed before my furiously scribbling pen that he would take this to the Tennessee General Assembly to prevent such performances from happening across the entire state.

We had no idea that our coverage of the event would lead to months of follow-up stories and serve as the basis for an intense clash between First Amendment rights and religious beliefs. Lawmakers passed a measure classifying male and female impersonators as adult cabaret and restricted performances to adults, private property and away from any place where they could be seen by or be harmful to minors.

I could go on about the research we did as the story swelled beyond me and the Jackson city limits. I spent hours in the halls of the state legislature, made dozens of phone calls to both supporters and dissenters of the law and collaborated with my new colleagues in Nashville and beyond as I fully took over the First Amendment beat.

Despite intense backlash from across the country, the bill restricting some drag performances became law in early March of 2023, before being swiftly halted by a federal judge as a lawsuit against it worked its way through the courts.

The lawsuit came from a theatre group in Memphis continuing the citys long history of standing up to discrimination and resulted in a Trump-appointed judge ruling that the law was an unconstitutional infringement on the freedom of expression and speech, and it was directly targeting drag performers in a discriminatory way. Additionally, the judge noted that the law could have much farther-reaching effects than written because both the vagueness of the laws language and the incorrect usage of the legal definition of obscene left people with no way to accurately determine if they were breaking the law.

Some of the facts used to determine the outcome were the very statements the local legislator said to me back when this all began defining his push for the bill as a targeted effort against drag performances, despite his latter statements claiming the opposite. Ironically, freedom of speech and expression is what was threatened under this bill, and the legislators own freedom of speech is what helped stop the bill.

The underlying point is that speech and the reporting of such is incalculably important. Journalism is about the people, and even bigger than that, the freedom people have thanks to the First Amendment. By the people, for the people and so in a rather cyclical analogy, the people are the speech, and the speech is the story.

Beyond our papers research for this topic, the story was about the young drag performer who stepped shakily onto a Nashville stage for their debut performance, too scared to come out to their parents but so elated to find solace in the local drag community. It was about the long-performing drag queen who excitedly led me backstage after a show closed, dripping rhinestones and smeared makeup, to show me his custom clothing designs that got him through fashion school. It was about the parent who tearfully shouted encouragement for their adult child as they stepped confidently onto the stage, later telling me about how her son used to be terrified to even make eye contact with strangers.

And it was about the local pastor who although very confused on how drag performances worked (Are they all queens? he asked. Is there a ranking system?) was even more confused why there was such a push to restrict free expression, with a law that could be so swiftly used as a weapon to discriminate with abandon.

What is more godly than living as God made you? he asked me. I didnt have an answer that night.

But an answer did come, in a way, when the judge affirmed what many of us know: that the freedom of speech and expression is not about whether you like the speech or not. Its about allowing the vastness of the human experience to be expressed equally in our diverse society, from the halls of the state legislature to a small stage in Jackson, Tennessee. And to express that fully, reporters must continue to focus every single story on what matters most: the people.

And, clearly, I need to focus on wearing comfier heels.

Angele Lathams position as the First Amendment reporter for The Tennessean is made possible thanks to a partnership among the Journalism Funding Partners, the Freedom Forum and The Tennessean.

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Judge Rodabuagh discussed free speech, nondiscrimination at Forum – Bluffton Icon

Posted: at 5:19 am

Judge David A. Rodabaugh, Lima Municipal Court, shared Constitutional Limits on State and Federal Governments Regarding the Rights of Private Citizens, during Bluffton Universitys Constitution Day Forum on Tuesday, Sept. 19.

During the event, Rodabaugh discussed the recent Supreme Court decision for 303 Creative LLC v. Elenis. The case dealt with matters of free speech, nondiscrimination and LGBTQ-rights.

Free and open to the public, this presentation served as Blufftons Constitution Day annual educational event.

A lot of people dont know whats in it. You need to read it and see whats therethe rights and interests you have, said Rodabaugh. You may not know it, but it affects you on a daily basis. Without the Constitution, what do we have? Another king? A dictator? The Constitution protects individuals and protects our freedoms.

All educational institutions which receive federal funds are required to offer an instructional program each year on or near Sept. 17, the day the U.S. Constitution was signed in 1787.

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