Friday, July 02, 2010



A free speech zone for MPs?

One of the innovations of the Bush presidency was the "free speech zone" - caged areas miles from anywhere, aimed at corralling protests and keeping them out of sight and out of mind of government officials. Now Lockwood Smith seems to want to introduce one at Parliament for MPs:

[Smith] says he expects MPs to advise his office of their intentions, if they plan protest action, so that agreement can be reached about where, and how, any protest might occur.

Dr Smith says a protest may be staged in a clearly delineated area, in order to separate it from other activities, and should not impede the rights of others.

Maybe Smith hasn't read section 14 of the Bill of Rights Act, which says:
Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.
Or Brooker v. Police, which after noting that "the purpose of protest is to make someone listen to something they do not want to hear", went on to rule that the public must tolerate and respect the right to protest, even if it is loud, annoying, undignified or untidy. Reasonable citizens in a democratic society understand that putting up with such things is part and parcel of democracy.

That law and that ruling unquestionably apply to Smith. He's a person performing a public function not to mention the chief representative of the legislative branch. Parliamentary privilege does not mean he can behave like a dictator within the Parliamentary precinct - something which the Speaker has been forced to recognise.

Parliament is the heart of our democracy. It is therefore a place to protest, loudly and with vigour. And the Speaker, the government, and international visitors just have to learn to put up with that.