June 3rd, 2009

Andrew G asked: In the 1950s in Australia the Menzies government had a referendum on the question of whether the Communist Party should be banned. There was a big public backlash to this because people believed that it was an attack on freedom of speech. Even if they didn’t agree with the ideas of the Communist Party, it was important that they were not prevented from voicing those ideas. Consequently the referendum was lost and the Communist Party were allowed to continue.
Now what would happen if the Menzies referendum had passed? This would effectively mean a democratic decision had been made that destroyed the fundamental tenets of freedom of association and free speech.
Should the democratic decision of the majority be respected and free speech just walked all over and forgotten about? Or should freedom of association and freedom of speech be imposed no matter what the majority say?
Incidentally, as I have noticed that most of you are from the US, I thought it would be worth mentioning this.
The US government didn’t even bother with a referendum on the issue in the 1950s. They set up the House Committee on Un-American Activities and just started questioning and imprisoning people if they were connected with the Communist Party. They also passed a bill called the Communist Control Act of 1954 which ’sought to outlaw the Communist Party by declaring that the party, as well as “Communist-Infiltrated Organizations” were “not entitled to any of the rights, privileges, and immunities attendant upon legal bodies” (Wikipedia http://en.wikipedia.org/wiki/Mccarthyism#Laws_and_arrests)’.
Of course much of this was later deemed unconstitutional. But these things are up for interpretation.
Alvin
Posted in Uncategorized | 8 Comments »