News - Free Speech Coalition

Newsletter: Christchurch and free speech

Free Speech Coalition — Mon, 25 Mar 2019 15:46:00 +1300

Dear Supporter --

Condolences over Christchurch

Some of you will have noticed the message of condolence we posted to join the nation in mourning over the horrific terror attack in Christchurch. The violence in Christchurch was not just an attack on the Muslim community – it was an assault on our free society, intended to spark terror and disrupt peace.

In our view, “[the] principle of freedom of speech should be inseparable from the principle of non-violence. If not, it counts for nothing. Those who condone or use violence are the villains, always.”

In the wake of terror attacks, Governments often consider curtailing a number of civil liberties. With that in mind, the Coalition has invested time into following Government announcements and calls for action from political parties and NGOs.

We have made inquiries about some of the reactions that raised our concern. We asked ISPs if they blocked certain websites due to government pressure, and have sought more information about the arrest of a Masterton woman for posting material on Facebook.

We refrained from public statements due to a lack of information on those cases and out of respect for families who had yet to bury their loved ones. Unlike our opponents we were determined not to politicise the tragedy in the immediate aftermath, especially when the nature of any speech restrictions was not yet clear.

Considered opinions

While many commentators responded with ill-considered and highly-politicised outbursts, there have been some excellent and considered opinion pieces that deserve to be shared.

They include Bryce Edward’s article urging caution over kneejerk blaming and Chris Trotter’s post that warns against the expansion of our legislation to include “hate speech”.

We recognise that the events in Christchurch are likely to mean our group will need to work harder to ensure New Zealanders are able to freely impart and receive information. We are currently refreshing our website which will begin to include articles from our members (and other commentators) that sensibly deal with issues of speech rights. If there is an article you recommend (or if you yourself have a contribution) please send it through for consideration.

Chief Censor decision

The Chief Censor announced over the weekend that the terrorist’s 74-page manifesto is now classified as ‘objectionable’, making it a crime to hold, share, or quote from. This is a dangerous precedent that seems to fly in the face of the rights of New Zealanders to seek understanding about the motivation behind the terrorist’s evil acts.

On Saturday we issued this press release which quickly led to coverage on RNZ and even Time magazine:

"Our society has surmounted many more terrible threats than this by allowing each citizen to engage, hear, read, and reject evil for themselves. It is completely alien to our history and our strength of a self-ruling citizenry to be told that only those in power may know and tell us what they want us to think an evil person has written."

This morning I appeared on the AM Show to articulate our concerns.

The video linked above starts with an interview with the Chief Censor. My segment begins at 5’45’.

We are currently seeking advice on how best to fight the Censor’s decision, but to read the material ourselves we have to wait for the Censor to approve this (or we risk going to jail).

Jordan Peterson and Whitcoulls

A number of our members contacted us about Whitcoulls's decision to stop selling Jordan Peterson's 12 Rules for Life, due to what the company describes as "some extremely disturbing material being circulated prior, during and after the Christchurch attacks".

The Free Speech Coalition did not make a public statement on this issue, and unless there is evidence the government pressured Whitcoulls, we will not take a formal position on what seems to be a matter between a private company and its customers.

I encourage those interested to contact Whitcoulls about the matter here.

In the meantime, the Free Speech Coalition will continue to focus its efforts on the actions of government (or government-funded) authorities, and others who would use coercion to shut down free speech.

This work is only made possible due to your kind contributions. Thank you for your continued support.

Dr David Cumin
Spokesperson
Free Speech Coalition

Media Release: Banning of manifesto a step too far

Stephen Franks — Sat, 23 Mar 2019 14:47:00 +1300

MEDIA RELEASE

Banning of manifesto is a step too far

23 March 2019

FOR IMMEDIATE RELEASE

The Free Speech Coalition says the Censor’s banning of the Christchurch terrorist attacker’s manifesto is wrong, unconstitutional, and counterproductive.

“This is a completely improper use of the censorship powers,” says Coalition Spokesman and constitutional lawyer, Stephen Franks, responding to media reports of the banning.

“Most New Zealanders will have no interest in reading the rants of an evil person. But there is a major debate going on right now on the causes of extremism. Kiwis should not be wrapped in cotton wool with their news and information censored.”

“New Zealanders need to be able to understand the nature of evil and how it expresses itself.”

“Our society has surmounted many more terrible threats than this by allowing each citizen to engage, hear, read, and reject evil for themselves. It is completely alien to our history and our strength of a self-ruling citizenry to be told that only those in power may know and tell us what they want us to think an evil person has written.”

“For the same reason we don’t ban Mein Kampf, the manifesto should not be driven underground.”

ENDS

Christchurch shootings

Rachel Poulain — Sat, 16 Mar 2019 13:02:00 +1300

Free Speech Coalition offers condolences to those affected by the Christchurch Shooting

The Free Speech Coalition joins the rest of New Zealand in its mourning and condemnation of the events in Christchurch. On behalf of the Coalition, Rachel Poulain says:

"Yesterday, New Zealand’s Muslim community, the people of Christchurch and indeed, the nation, were subject to the most despicable act of terrorism in our history.

To peacefully practice one’s religion is one of the most fundamental freedoms of expression we have. Yesterday, a disgraceful, cowardly terrorist used weapons of war to violently silence innocent people in the worst possible way, as they were doing just that.

This was an attack on everything New Zealand stands for as a liberal democracy.

Violent extremism knows no political bounds. Anyone who threatens, intimidates, or physically harms another person for ideological reasons is wrong. What happened yesterday was the absolute worst manifestation of that.

The principle of freedom of speech should be inseparable from the principle of non-violence. If not, it counts for nothing. Those who condone or use violence are the villains, always.

We extend our deepest condolences and aroha to the victims of this horrific crime.”

END

Media Release: NZ must be better than Australia on Yiannopoulos issue

Patrick Corish — Thu, 07 Mar 2019 15:47:00 +1300

MEDIA RELEASE

NZ must be better than Australia on Yiannopoulos issue

7 March 2019

FOR IMMEDIATE RELEASE

The Government must reaffirm its position on allowing controversial speakers to enter New Zealand in light of the Morrison government’s denial of entry for Milo Yiannopoulos.

Free Speech Coalition spokesperson David Cumin says, “Last year Australia banned Chelsea Manning from visiting on character grounds. In August 2018 the National Party pressed the Government to follow Australia’s lead, but the Government commendably supported Manning’s right to speak. The Government should publicly reaffirm its commitment to free speech in light of Australia’s ban of Yiannopoulos,”

“Citizens are entitled to receive any information they wish. This is one of the principles that make Western democracies the envy of the world. We do not keep our citizens in the dark. Adults are capable of discerning what is good or bad information.”

“Censorship by revoked visa risks becoming a popular weapon for governments opposed to certain types of speech. New Zealand must not follow Australia’s anti-speech, anti-freedom example. Let’s show our cousins across the strait what a true liberal democracy looks like.”

The Free Speech Coalition has no opinion on Milo Yiannopoulos’ views or on the methods in which he spreads those views, and is fighting for his right to speak only.

ENDS

Media Release: Massey release whitewash report

Free Speech Coalition — Wed, 19 Dec 2018 18:27:00 +1300

This afternoon Massey University released a report it commissioned from Martin Jenkins titled Cancellation of venue for Dr Brash speaking event: Independent report for the Massey University Council on lessons from this episode.

You can read the report here.

We had a heads-up that the report was coming, but had been told to expect something that cleared Vice Chancellor Jan Thomas. Instead, as we read the report, it became clear that it is not only an attempted whitewash, its errors, omissions, and approach reflect precisely what is wrong with Massey University.

Rather than considering whether the decision to ban Dr Brash was the right one, or elucidate why free speech at a university is important, it focuses on strengthening policies to prevent people feeling “culturally unsafe” and makes recommendations to ensure the University's decisions are consistent with its desire to be 'Treaty-led'.

Rather than discussing why the University should stand up to the thugs and disruptors to ensure students can hear controversial ideas, it focuses at how communication and media was managed following the Official Information Act requests by the Free Speech Coalition. It recommends more PR and media management!

In short, we think Massey stakeholders should be embarrassed – it suggests the university has lost its way. We have only had the report a few hours, but even a casual readthrough is enough to identify numerous factual errors and omissions. It has clearly been commissioned by the University in an attempt to protect Prof Thomas from having to step down as a result of her decision to ban Dr Brash from campus. We don’t think it will work.

Here is Dr David Cumin media release on behalf of the Free Speech Coalition:

Media release

Martin Jenkins' report for Massey University Council a “shonky whitewash”

19 December 2018
FOR IMMEDIATE RELEASE

If the Martin Jenkins' report released today by Massey University is reflective of the quality of thinking at the University, it is little wonder donations and student enrolments to the institution are declining, says the Free Speech Coalition.

“We’ve only just received the report, but can immediately identify inaccuracies which call the whole thing into question,” says Dr David Cumin, a spokesman for the group.

“The report makes the Vice Chancellor’s position even more untenable by confirming that, despite her public comments, there was no real Police consultation or threat assessment prior to her decision to deplatform Dr Don Brash earlier in the year."

"The report confirms that Prof. Thomas was ‘uncomfortable’ with Dr Brash’s views, that the University was worried about people feeling ‘culturally unsafe’, and that Prof. Thomas wanted to use conditions of funding from the University to student clubs and societies to censor who they can invite to speak on campus."

"However, in a bizarre conclusion that seems to ignore those facts and emails released under the Official Information Act where Prof Thomas asked staff to find 'any mechanisms' to disallow the event, the report found Prof Thomas 'did not intend to prevent the event from taking place on campus'."

“Furthermore, Dr Brash, despite being the subject of the report, was never interviewed or consulted with as part of the investigation. To say the least, that is puzzling.”

“Nor did the report’s authors bother to talk to our group. Perhaps that is why there was a factual error in reference to our work. The report claims that we have abandoned our litigation against Auckland Council and Mayor Phil Goff. Nothing could be further from the truth. The trial is set down for next year, and is publicly available information.”

“The whole report is based on the premise that the University’s desire to be Tiriti-led, trumps considerations of free speech. It claims that academic freedom does not count as technically Dr Brash is not an academic and makes no recommendation that would suggest free speech must be rigorously defended on a university campus. Instead of enhancing Massey’s reputation as a bastion for sound debate, it continues to make the whole institution look pathetic.”

“Instead of explaining that a University’s role as a critic of society sometimes requires taking risks or offending, the report regards the real failing as one of media management and public relations.”

“The report confirmed that the Massey Foundation is losing donors, and prospective students and staff have rejected the university because of its failure to defend free speech. But its main recommendation is increasing the spending on specialist PR and media advice to mitigate fallout from future deplatforming rather than considering what everyone objects to and seeking steps to promote robust debate. You couldn’t make this stuff up. It makes a farce of the value of a university degree from Massey University.”

“The immediate irony in this report is that it does further damage to the University’s reputation. Instead of an intellectually honest fact-finding mission, it is an exercise in corporate risk management and a shonky whitewash of a clear stifling of free speech. It highlights precisely why donors, students, and academics are shunning Massey University and its leadership."

ENDS

Opinion: Government should not sign UN Migration Compact

Patrick Corish — Sat, 08 Dec 2018 14:41:48 +1300

Next week, New Zealand is expected to sign the United Nations’ Global Compact for Safe, Orderly and Regular Migration. While it is non-binding, the protocol could still damage New Zealanders’ right to free speech and debate.

The Free Speech Coalition is indifferent on immigration policy matters; reasonable people can agree to disagree. However, the Government should not be signing an agreement that says it will seek to restrict free speech on immigration matters.

Objective 17 of the Compact looks to prevent critical speech of immigration policies in an attempt to combat xenophobia and racism. The problem with this is that many legitimate and genuine concerns about immigration are framed as ‘racist’ by some people. The Compact says that governments should defund media which report “intolerant” views. It goes further and says they should be denied “support”, which seems to mean the government should interfere with private funding. Almost any unwelcome truth can be termed “intolerant”, so the Compact will be a tool to suppress New Zealanders speaking their minds.

The Compact encourages signatory nations to "enact, implement or maintain legislation that penalizes hate crimes...". The problem here is there is that common definitions of "hate crime" may extend to so called "hate speech" which can often mean "hearing truths we hate". The Compact will therefore support interpretations of existing law that give authorities the power to suppress unpopular opinions and be used to claim that we must get new law to restrict unwelcome discussion of politically awkward or embarrassing information. The Compact will be used to claim that we must have such law to retain international respectability

Probably well-intentioned hate speech laws have been implemented in Sweden, Britain, and France. As they have worked out citizens have been prosecuted for merely speaking their mind or highlighting issues the authorities would rather not debate, or have debated.

FSC supports out traditional law against incitement of violence. The Compact says we must seek to go much further. FSC says New Zealand must remain free to have open frank debate about immigration. The Compact says the state should strongly promote one side of the argument and gag the other.

It is claimed that we should not worry because the Compact is not binding, only aspirational. It should not be an aspiration of New Zealand to align with forces that threaten free speech. Immigration is a core issue for nation states. In democracies like ours, there is a legitimate expectation that all sides can be heard on this complicated issue. This agreement says the state’s powers and resources should weigh in on one side, against the other.

The compact threatens the independence of our fourth estate. The Compact says the state must encourage ‘independent’ and ‘objective reporting’ on migration issues. It is easy to fear the opposite intention in a country where the media are presently independent without any coercive restrictions on objectivity. The Compact seems to mean the opposite. It calls for ‘sensitising’ and ‘educating’ reporters on terminology and appropriate message. State sanitising the fourth estate is dangerous to democracy, and not compatible with a free society.

The provisions seems to seek deplatforming of views inconsistent with the Compact’s view of objectivity, by defunding outlets which convey them. Given the pervasive role of government in our society, if the Compact justifies discrimination by all state connected advertisers against outlets that convey the side of a debate that the government considers to be not objective or helpful or tolerant, that could dramatically affect New Zealanders’ practical ability to seek and to impart views and information. Our current broadcasting regulations require “balance”. Will they be amended or reinterpreted to reflect a view that it need not extend to views unwelcome to the United Nations on immigration and immigrants?

The compact is legally non-binding but that does not mean it has no effect. The New Zealand judiciary often interprets New Zealand laws in light the non-binding treaties our Government has signed. We should not sign up to agreements if we do not intend to honour their spirit. And this compact includes provision for stifling free expression.

Twenty countries have already rejected the Compact, including Australia and the United States. The New Zealand Government should do the same.

Patrick Corish is a coordinator at the Free Speech Coalition - a bipartisan group protecting and promoting the rights of free speech in New Zealand.

Media Release: Massey University must front-up and explain Jan Thomas correspondence

Free Speech Coalition — Wed, 19 Sep 2018 10:29:00 +1200

MEDIA RELEASE

Massey University must front-up and explain Jan Thomas Correspondence

19 September 2018

FOR IMMEDIATE RELEASE

Massey University must front up and explain why the Vice Chancellor’s public statements that it was her concerns about security that prompted her to deplatform former Reserve Bank Governor and Leader of the Opposition Dr. Don Brash from speaking at the University when documents obtained under the Official Information Act appear to demonstrate otherwise.

Free Speech Coalition spokesman Dr David Cumin says “These documents call into question many of the Vice Chancellor’s public statements about respecting free speech. To the contrary, it appears Professor Thomas was keen to ‘ban’ Dr Brash on the basis of his views.”

“On the face of them, these documents even suggest Professor Thomas mislead Massey’s Academic Board Chair. We are calling on Massey University to investigate these matters, which if proven, obviously warrant dismissal.”

“In western societies, universities enjoy a privileged status on the basis of their commitment to academic freedom. When they come under assault from populist governments or anti-intellectual movements who want to dismantle that status, the academic elite rightly argue that they are the critic and conscience of society. Professor Thomas’ actions imply Massey has abandoned those principles.”

"In terms of our legal action - these documents are very significant. Our legal action against Phil Goff showed that he had lied in relation to his purported decision to 'ban' two Canadian speakers from Council-owned venues, when the truth was it was a decision made totally by officials relation to specific security concerns. Here, the Vice-Chancellor claimed her decision related to security concerns, but in-fact it is very clear it was based on her personal dislike of Dr Brash and his views."

"On the basis of these documents, we think the Vice Chancellor has gone out to attack Dr Brash, and the Free Speech Coalition, in relation to her media statement that Dr Brash 'is a supporter' of Lauren Southern and Stefan Molyneux. Of course the Free Speech Coalition are not supporters of the Canadians, but formed to protect their rights to speak - and New Zealanders right to hear them. The Vice Chancellor would certainly know there was a difference, but maliciously made the slur anyway."

ENDS

Official Information Act Release

Free Speech Coalition — Wed, 19 Sep 2018 09:55:00 +1200

We have received more than 800 pages of documents from Massey University as a result of our request for information under the Official Information Act 1982.

The documents are attached here for you to read.

Media Release: Harmful Digital Communications Act deployed against free speech

Patrick Corish — Wed, 12 Sep 2018 14:57:00 +1200

MEDIA RELEASE

Harmful Digital Communications Act deployed against free speech

12 September 2018

FOR IMMEDIATE RELEASE

A challenge to suppress media organisations suggests the Harmful Communications Act may need to be scrapped, says the Free Speech Coalition.

Coalition spokesman Dr David Cumin says, “Sir Ray Avery’s use of cyberbullying laws to attempt to shut down media reports on matters of public interest shows how this well-intended legislation can be weaponised against legitimate speech.”

“Once upon a time, Sir Ray's main recourse against the media would have been defamation law. But now, he has an easier route – the Harmful Digital Communications Act allows him to claim ‘serious emotional distress’ and ‘digital harm’, without having to demonstrate that Newsroom’s reports are untrue.”

“This case shows just how dangerous it is to legislate against subjective notions of ‘emotional distress’. Our speech rights should not be subject to someone else’s sense of personal offence. And as with defamation, truth should be an ultimate defence.”

“In being dragged through the complaints process, Newsroom has already been penalised for its speech – the punishment is in the process. This, combined with the chilling effect that this process may have on other journalists writing similar articles, shows that the Harmful Digital Communications Act is not fit for purpose. If the Act cannot be salvaged, it should be scrapped.”

ENDS

Media Release: Free Speech Coalition condemns National's call to bar Manning

Free Speech Coalition — Tue, 28 Aug 2018 15:09:00 +1200

MEDIA RELEASE

Free Speech Coalition condemns National's call to bar Manning

28 August 2018

FOR IMMEDIATE RELEASE

The political whims of the National Party must not curtail our right to engage in the most relevant topics of our age says the Free Speech Coalition which is calling on the National Party MP, Michael Woodhouse, to reconsider his comments to the media earlier today.

“The subject of our allies wartime conduct is a matter of great public importance,” says Chris Trotter, a spokesperson for the Free Speech Coalition.

“As a democracy, we have a right to be informed on the activities of our friends on the international stage. New Zealanders deserve a chance to hear her speak.”

“There are other examples of previously convicted criminals that have been allowed entry into New Zealand. Nelson Mandela was allowed entrance in 1995. And Jordan Belfort, also known as the ‘Wolf of Wall Street’, was allowed to give a series of motivational speeches in 2014. If these convicted criminals were able to speak in New Zealand, why is Manning any different?”

“We agree with the reported comments Green Party MP Golriz Ghahraman that Mr Woodhouse’s campaign for censorship is offensive. New Zealanders should not be denied an opportunity to hear a personal account of military use of power, even by an ally. The Free Speech Coalition hopes Ms Ghahraman continues to support the principle of free speech, no matter the politics of the individual speakers.”

“This isn’t an issue of defending breach of confidence or leaking military secrets. Rather, it is the right of New Zealanders to hear from someone who is noteworthy albeit controversial.”

ENDS

Opinion: Another VC on Free Speech

Patrick Corish — Fri, 24 Aug 2018 13:50:00 +1200

Here is a good analysis written by the Free Speech Coalition's own David Farrar on Stuart McCutcheon's comments on the principles of free speech in the university environment in New Zealand.

Media Release: Local Government Codes of Conduct Must Not Suppress Free Speech

Free Speech Coalition — Mon, 20 Aug 2018 15:10:00 +1200

MEDIA RELEASE

Local Government Codes of Conduct must not suppress free speech

20 August 2018

FOR IMMEDIATE RELEASE

Codes of Conduct drawn up by local government authorities must not encroach upon the rights of elected councillors to speak freely about the behaviour of their own council, its councillors and/or its officials.

The Gisborne District Council’s Deputy Mayor, Rehette Stoltz, has called-in Councillor Meredith Akuhata-Brown and demanded an explanation for why she spoke to RNZ National about her recent complaint concerning the conduct of two of her fellow councillors. Ms Akuhata-Brown alleges that these councillors had commented at a recent Council function that Captain Cook and his successors had not killed enough Maori.

Free Speech Coalition member Chris Trotter says:

“The Gisborne District Council’s Code of Conduct prohibits councillors from publicly criticising the Council, fellow councillors and/or council officials. Hence the Deputy-Mayor’s please explain summons.”

“Councillors all over New Zealanders are expected to sign similar Codes of Conduct upon election.”

“In doing so, however, they need to be careful not to sign away their ability to act as effective democratic representatives.”

“It is absurd to expect a councillor to remain silent in the face of what he or she believes to be unfair, outrageous or corrupt conduct on the part of the local authorities they serve. Councillors are there to act on behalf of the voters who elected them and they must not be required to reject the means of fulfilling that responsibility before taking their seat at the Council table.”

“The Gisborne incident is a timely example of the central role freedom of speech plays in the democratic process and illustrates the importance of resisting any and all attempts to stifle free political expression.”

“Prohibiting elected representatives from sharing their concerns with their constituents through the news media is a democratic outrage. The Free Speech Coalition strongly urges central government to take a much greater interest in the content of local authority codes of conduct to ensure they do not breach the freedom of expression provisions of the Bill of Rights Act and the Human Rights Act.”

ENDS

FSC plans legal action against Massey University

Patrick Corish — Mon, 13 Aug 2018 16:37:00 +1200

The Free Speech Coalition is planning to take legal action against Massey University's Vice Chancellor, Jan Thomas, on her decision to cancel an event hosted by Massey's Manawatu Politics Society featuring Dr Don Brash.

The Vice Chancellor claimed that the reason for cancelling the event was due to "security concerns" on social media as a response to Dr Brash's political views.

You can read the full story here.

Our full page ads in today's Herald on Sunday

Patrick Corish — Sun, 12 Aug 2018 11:00:00 +1200

Thanks to the kind support of members of the public who agree that standing up for freedom of speech is important, we have been able to afford a full page call to aciton published in today's Herald on Sunday.

The public letter has the endorsement from a dozen respected New Zealanders from across the political spectrum.

You can read the full letter here.

Thank you to our members and financial supporters who have made this possible – and to in particular to those members of the coalition who agreed to have their name listed.

Coalition raising funds for legal action against Massey VC

Jordan Williams — Thu, 09 Aug 2018 16:34:41 +1200

MEDIA RELEASE
Free Speech Coalition raising funds for legal action against Massey University Vice-Chancellor

9 AUGUST 2018
FOR IMMEDIATE RELEASE

The Free Speech Coalition has resolved that, contingent on raising sufficient funds, it will be issuing legal proceedings against the Vice-Chancellor of Massey University.

Free Speech Coalition member Melissa Derby says, “Massey University’s action in barring Don Brash raises very similar legal and ethical issues as Auckland Council’s ban on Lauren Southern and Stefan Molyneux from Council-owned venues. In both bases, an authority has used threats of disruptive protest as an excuse to shut down contentious speech. This is the thug’s veto in action.”

“Vice-Chancellor Jan Thomas’ ‘security concerns’ appear to be a ruse to obscure her real motivation – her personal distaste for Don Brash’s opposition to Maori wards on councils, a view she describes as ‘dangerously close to hate speech’, in addition to his support of the speech rights of the recent Canadian visitors.”

“This is a disgraceful breach of the University’s own charter and mission to "promote free and rational inquiry", and sets a dangerously low bar for ‘hate speech’.”

“At the same time, we continue to engage Auckland Council in the High Court for their capitulation to the thugs. We face significant legal costs, but are advised that the marginal cost of bringing Massey into our case will be lower than for someone launching independent action.”

Dr David Cumin, another member of the Free Speech Coalition, says, “With Massey University refusing to back down on barring Don Brash from speaking on campus, it is clear that free speech issues are not going away. Many supporters of the cause have contacted us to urge the Free Speech Coalition to become permanent. We have now resolved to incorporate as a permanent group.”

“New Zealanders are welcome to join and donate to the coalition at https://freespeech.nationbuilder.com/join.