A DAY after we opined on the “horse shit” of the socialist Left and the opaque institutional and judicial edifice it hides behind, a test case emerges; Senator David Leyonhjelm — branded an “angry white male” by SMH writer Mark Kenny — has taken action against Fairfax Media under S18c of the Racial Discrimination Act. It is vexatious and may fail, but in showcasing the double standards of a fatuous, contemptible law, Leyonhjelm’s action is right.
I am in Brisbane for the day today once again, so this morning’s post will be reasonably succinct; even so, it was probably only a matter of time before the infamous “18c” reappeared on our radar, although I didn’t expect it would happen quite so soon.
Literally a matter of minutes after I published yesterday on the issue of free speech — including, coincidentally, the need to abolish S18c of the Racial Discrimination Act — news broke that the Liberal Democrat Senator David Leyonhjelm, who had been branded an “angry white male” by Fairfax scribe Mark Kenny, was instituting proceedings against Fairfax Media, claiming he had been offended or vilified on the basis of the colour of his skin.
First things first: the “offending” article from the Sydney Morning Herald may be accessed here; readers can find some additional material on the subject, from The Guardian and The Australian, here and here.
18c is objectionable for precisely the reasons that are now being lobbed at Leyonhjelm, in the form of ridicule, to underpin suggestions his action against Fairfax is frivolous.
Leyonhjelm himself admits he wasn’t offended by Kenny’s characterisation of him as an “angry white male,” and even seemed to imply the proceedings he has instituted are destined to fail.
But he is right to proceed, as he acknowledged, on the basis that Kenny’s remarks singled him out for the colour of his skin, and also correct to note that had the reference been to an “angry black man,” nobody would be laughing, groaning, or otherwise making any attempt to dissuade the pursuit of legal action against whomsoever made such a reference.
Just as S18c provides recourse, among other things, for those who are insulted or offended on the basis of their race, S18d offers some cover if the utterances are made as fair comment: it is this provision Leyonhjelm’s detractors are pointing to in suggesting the good Senator might have shot his bolt.
But speaking of bolts, 18d didn’t stop Andrew Bolt from being prosecuted, ostensibly in making a reasonable argument in relation to Aboriginal issues, so there goes that theory.
The problem here (as with so much of the rubbish the Left is peddling in this country, and which persists even with Labor and the Greens in opposition) is that minorities are “protected” by the Racial Discrimination Act, but when the shoe is on the other foot in any way, those affected can — to use the vernacular — get stuffed.
In other words, there are two sets of standards at play: just as we talked about yesterday.
Leyonhjelm, however, has set up a perfect storm.
Declaring he is taking action against Fairfax to demonstrate the stupidity of the law, as opposed to being motivated by a real sense of grievance, what the Senator is doing probably kicks the door to either modifying or abolishing S18c wide open.
If his case is successful, it will demonstrate just how petty the scope for using S18c to pursue ambit agendas really is: handing ammunition to those who want it changed on the pretext the potential for abuse is clear.
If his case is unsuccessful, it will clearly and graphically show that there is indeed one set of standards for the majority population and another for minorities, gifting ammunition to those who want S18c abolished on the basis the law itself is discriminatory.
Either way, the Left — which fashioned this dreadful piece of legislation in a too-clever, too-smug attempt to arm itself for future action against political opponents (like Bolt, for instance) will be shown up as the cynical frauds they are.
This column does not suggest Mark Kenny set out in any way to deliberately offend or vilify or humiliate Senator Leyonhjelm: quite the contrary. Whilst it is clear Kenny is no political friend of Leyonhjelm’s, it is difficult to infer there was any malice in his article.
But that’s the whole point, and it seems that however the action by Leyonhjelm plays out, the continuity of S18c is far from certain if any concerted attempt to change it emerges from the ramshackle new Parliament elected six weeks ago.
Gillian Triggs must be choking on her corn flakes this morning.
If she is, who could complain about that?