Tag Archives: Racial Discrimination Act

And yes, I do have a dog in this fight ;)

It has long been my view that Gerard Henderson and Michael Danby and Colin Rubinstein do not actually accept the logic behind having freedom of speech. Instead, they have jumped on the fashionable bandwagon that seeks to control how one’s ‘group’ is portrayed, hence their support for legislative piffle like s 18 (c) of the […]

‘Manners cost nothing’

…My mother used to say, when she reminded my siblings and me to keep still tongues in our heads. As a general rule, it is a bit discomforting to reach one’s mid-thirties and discover that one’s dear old ma was right more often than not, but there it is. I’ve been put in mind of […]

Pontificating on the Bolt case again

This post involves further thoughts on the Eatock v Herald Weekly Times case. I have attempted to clarify a few things, and to illustrate on a practical basis exactly why I think the legislation and the decision could be problematic. Introductory remarks on Bolt, affirmative action and group rights First, I should reiterate that I […]

‘This is a sad day for adequate research’

In the thread to Legal Eagle’s excellent casenote on Bromberg J’s ruling in the Andrew Bolt matter, I promised that I would point out why I think the plaintiffs (or, at least those with the strongest cases, and particularly Anita Heiss) should have brought their claims in defamation, not under the Racial Discrimination Act 1975 […]

A more detailed analysis of the Bolt case

Background to the case The background to the case is that journalist Andrew Bolt wrote a series of newspaper articles and blog posts which were critical of the plaintiffs, who were all individuals who identified as Aboriginal, but who had pale skin and did not look like stereotypical Aboriginal people. He was critical of the […]

Andrew Bolt found to have contravened Racial Discrimination Act

“The best way to get a bad law repealed is to enforce it strictly.” Abraham Lincoln, 16th President of the United States Bromberg J handed down judgment in favour of the plaintiffs in Eatock v Bolt [2011] FCA 1103 this morning. You may recall that I wrote a post while the case was being heard. Bromberg […]

Quality not quantity: sometimes more law doesn’t mean better

Via Jim Belshaw, I have become aware that the Federal government is trying to convince people that it is doing a good job because it has passed more legislation than the previous incumbent government. Jim pointed me to a post by Noric Dilanchian, in which Dilanchian notes that most people think more law is a […]

Bolta, racism and free speech

Hello all, I’m still not back at work yet, but I am slowly getting better from pneumonia. I should be back at work next week. A while back I mentioned that certain indigenous plaintiffs were bringing legal action against Herald Sun columnist Andrew Bolt. Maybe I’m odd; I don’t have the visceral hatred of Bolt […]

Ethnic identity and the law

A long time ago, I was having a debate with some Jewish friends as to when a person could be entitled to call themselves a Jew. One friend claimed that the important factor was self-identification as a Jew. The other claimed that the important factor was recognition of one’s status as a Jew by other […]