Monday, July 09, 2018



The cost of a free and democratic society II

On Friday, we learned that a pair of Canadian Nazis had tacked New Zealand on to an Australian (of course) speaking tour, and were planning on visiting New Zealand. Cue an immediate public outcry, which was cut short by Phil Goff apparently banning them from Auckland Council venues:



Auckland Council apparently acted on this and cancelled their booking, ostensibly for health and safety reasons. Which is about as credible as Donald Trump saying his anti-Muslim ban wasn't about religion. When the mayor of a city says they've given a direction, and what they want happens, I think we're entitled to take their word for it.

The problem, of course, is that this is all illegal. Auckland Council is a body performing a public function and so subject to the Bill of Rights Act. Which affirms, among other things, both the right to freedom of expression, and the right to freedom from discrimination on the basis of political opinion. The Auckland Council's actions are a prima facie violation of those rights and invite judicial review. And given Goff's tweet, the outcome of such a review is likely to be ratepayer's money spent on compensating Nazis for the breach of those rights, as well as an order that the council provide them with a venue (if they want one) on the same terms as any other customer.

Goff won't care. Like police officers who beat suspects, he will face no personal consequences for violating these rights, and there's no political downside for him because he's picking on someone everyone hates. But we should care. Because if we let the mayor of Auckland decide what speech is acceptable in public facilities, then a future mayor may decide that they don't like speech that we approve of. Like union meetings, or speeches in favour of reforming drug laws, or political movements against landlords and the rentier economy. Or speeches in favour of racial justice - because Pakeha New Zealand's neck seems to be pretty red these days, and there's votes in sticking it to "the Maoris".

That's why we need to stand up for freedom of speech, even for people whose views are repugnant. Not because we agree with those views, but because being able to express your views without interference from the government is the key to any democratic change, and giving away that principle gives politicians a veto on what we can demand from them. When push comes to shove, I'd rather put up with Nazis than trust politicians with a power so ripe for abuse.

(And, because some moron will need it to be explicitly said: threatening people is a crime and these people need to go to jail).