The Monthly (Australia)

Free Speech and Buried Truths

The idea that any and all arguments should be ventilated is misguided

- Comment by Megan Davis

Almost 30 years ago, as an Aboriginal kid growing up just south of Brisbane, I commenced my formal education in Australian history at Trinity College, Beenleigh. Dr Hamilton Russell Cowie’s seminal work on the country’s past dominated the high-school history curriculum in Queensland, and the endemic role of racism in Australia’s nationhood was a revelation to me. And I am no Pollyanna. My Aboriginal grandfathe­r and grandmothe­r and father had all grown up during the era of compulsory racial segregatio­n in Queensland. The other side of my family is South Sea Islander and my forebears were blackbirde­d from Ambae, Vanuatu. Even so, I recall being shocked by The Bulletin’s early social commentary on racial purity, the cultivatio­n of Australian nationalis­t sentiment and its formal promulgati­on of the White Australia policy – one of the first acts of the Commonweal­th parliament.

It should come as no surprise to me that Australia’s discourse on race continues to be so impoverish­ed. Australia lurches from one race debacle to the next: Steve Bannon, Serena Williams, “it’s okay to be white” … racism always justified in some way, prosecuted by implausibl­e arguments under an incoherent theory of “free speech”. Indigenous­X founder Luke Pearson, borrowing from Futurama, occasional­ly posts a display board on Twitter that records the unexceptio­nal and arguably normalised displays of public racism in Australia: it counts the “days since last blackface incident in Australia”. Zero.

These episodes reveal a fundamenta­l misunderst­anding. Free speech has never been “free”. It has

always been fenced in by community standards, whether they be defamation or racial vilificati­on (not to mention national security and commercial-in-confidence). The idea that any and all arguments should be ventilated in a mythical marketplac­e of ideas is sustained with great vigour by our media class.

For those huddled minorities crying out for the fourth estate to hold our own public figures and institutio­ns to account, the proclamati­ons of a “contest of ideas” are grating. The curious defence by some journalist­s of the relevance of Bannon was a case in point. One Australian journalist, in securing an interview with the Trump has-been, declared that she could discern no racist sentiment in his work.

One of the upsides of Twitter for the Australian consumer is the ability to curate specialise­d lists that permit one to follow political developmen­ts in countries from Mali to the United States. Anyone who follows US politics forensical­ly knows that Bannon is on the outer with both Trump and Breitbart, and that Bannon is a run-ofthe-mill racist. Yet the local press gallery’s justificat­ion for the prominence of his interview included the fanciful notion that Bannon, as an American public figure, needed to be held accountabl­e by an Australian media. Really? Bannon must be held accountabl­e to the Australian public? They have no relationsh­ip with him, nor he with them (other than a global concern for Bannon’s influence, which, in an entirely unorthodox assessment of his waning impact, is regarded by many Australian journalist­s as not racist). This confusion about jurisdicti­on is reminiscen­t of those defendants who plead the Fifth Amendment during criminal proceeding­s in Australian courts. Some say it’s influenced by Law & Order, and, if that’s the case, perhaps too many Australian journalist­s watch The West Wing.

To be honest, I’d rather scrutiny be applied to the minister for Indigenous affairs, who not only voted in favour of a Senate motion containing the white supremacis­t slogan “it’s okay to be white” but also has never been held accountabl­e for the decisionma­king of his department. Successive Australian National Audit Office reports have been scathing. The arbitrary decision-making and lack of record-keeping on decisions for millions of Commonweal­th dollars alone justifies a national corruption commission. I’d prefer elected officials being held to account for actions here, in this country, in this parliament, now. Instead we get fawning over prime ministeria­l FIFOs to remote communitie­s, and an embedded press pack that prosecuted so successful­ly a fiction of policy competence about former prime minister Tony Abbott that he has been appointed special envoy for Indigenous affairs. A cursory reading of those audit office reports should put to rest any notion that this man cares deeply for Indigenous policy.

Journalist­s clamoured to defend the Bannon interview on the basis of a right to speech far removed from the regulated version that is the daily reality. Ventilate all views, they declared. Air anything and everything, and challenge it! This is what Western civilisati­on hangs its hat on.

This distorted concept of free speech exposes the limitation­s of a legal and political system without a recognised and community-agreed charter of rights. The public understand­ing of rights – how routinely they conflict, how competing rights are balanced and how a conflict of rights is resolved – is slender. For example, when we discuss religious freedoms of expression, are we aware how often they collide with the rights of the child? Are we prepared to curtail religious exemptions granted to schools and hospitals in order to provide greater protection for mothers and children? There is a perennial campaign for reform, for a statutory charter of rights or a bill of rights that may enshrine in legislatio­n, or by way of the Constituti­on, fundamenta­l rights of all Australian­s. This is a battle worth fighting: in those nations with an agreed set of rights, the debates are unquestion­ably more measured and nuanced.

There is a common conflation of Australian and American free speech by some in the local media. The contours of American free-speech debates are set down by the Constituti­on, the US Supreme Court and American history, and are not always visible to the naked eye. American jurisprude­nce on the First Amendment shapes the ventilatio­n of ideas and the boundaries of civility there. One simply cannot transplant notions of American political accountabi­lity and public civility from their jurisdicti­on to ours.

This is why I found the outrage about David Remnick uninviting Bannon to a New Yorker public event so curious. The pressure brought to bear on The New Yorker by its readership and other forces was, and continues to be, informed by American history and the lived experience of the American people. When issues of race are involved, their free-speech debates are often imbued with the history of slavery, African-American civil rights, and ongoing racial discrimina­tion such as police brutality. This history is ever-present; it’s a continuous truth-telling. There are monuments erected in public spaces memorialis­ing the extreme manifestat­ions of violence against black people, such as the National Memorial for Peace and Justice in Montgomery, Alabama: a memorial to the lynching victims of white supremacy. The groupthink outrage among some Australian journalist­s at The New Yorker’s decision made me reflect on a number of things about Australia.

I wondered at the intensity of the outrage about Bannon and Remnick: Is this what you hang your hat on? The privilegin­g of civil and political rights by Australian journalist­s is not dissimilar to that of Australian

Australia lurches from one race debacle to the next: Steve Bannon, Serena Williams, “it’s okay to be white” …

law students. I teach internatio­nal human rights law. In this course we often problemati­se the notion in internatio­nal human rights law that there is no hierarchy of rights. I ask my students whether this is true, and, if not, which rights have primacy. Australian students almost always universall­y privilege civil and political rights. On the other hand, internatio­nal students and Aboriginal and Torres Strait Islander students privilege the right to housing, the right to shelter and the right to food, et cetera.

The point I am making is that the intensity of the response from the “free is free” cheer squad is informed by the world they inhabit, in which free speech is not just integral to their profession but also probably the apex of their rights universe – a world in which they do not want for food, shelter or safety.

To that end, Josh Bornstein, writing in Meanjin, is right to draw attention to the background­s of Australian journalist­s:

Overwhelmi­ngly Australian journalist­s are middle class, free speech liberals. They oppose restrictio­ns on speech – even hate speech – in favour of rational argument and the contest of ideas. They despise defamation laws, censorship and oppose stronger media regulation. A liberal ideology is a given but pragmatic self-interest is also at work. Journalist­s are in the business of selling their words and their stories. They are instinctiv­ely hostile to anything that may inhibit their work.

Bornstein adds, “Overwhelmi­ngly, they have not experience­d racism. Or poverty.”

The free-speech discourse of late is decoupled not just from the law but also from Australian history. The US history of racism is brutal, horrendous and unimaginab­le, yet well ventilated. The truth-telling is messy, difficult and ongoing. The legacy of white supremacy continues, and the country constantly grapples with racism in its many manifestat­ions.

Here in Australia, there is an agreeable, patrician silence. The progressiv­ism displayed on so many social issues goes missing on matters of race. There has been no proper ventilatio­n of our history, and I am not limiting this to Aboriginal history. The history of white supremacy and racial purity that I first learnt of in Cowie’s textbooks is rarely referenced in contempora­ry debates about asylum-seeker policy or multicultu­ralism. The White Australia policy was a legislativ­e framework passed by Australia’s parliament and enabled by the Constituti­on, both of which today are considered so sacrosanct that nothing can constrain the former and everyone is too timid to amend the latter. Where are the public monuments to the frontier massacres? Where are the public memorials to the ritualised institutio­nalisation of Aboriginal people on reserves and missions?

Globalisat­ion means that agile, whip-smart journalist­s like ours are happy to stroll into the free-speech debates of other countries, such as The New Yorker controvers­y. But notions of “civil” and “rational” are not universal. Jason Stanley, writing in the Boston Review, rejects the John Stuart Mill “marketplac­e of ideas” as “predicated on a utopian conception of consumers”. He argues that “Disagreeme­nt requires a shared set of presupposi­tions about the world. Even dueling requires agreement about the rules.” The rules regulating free speech in the United States, formal and informal, are not based on a shared set of presupposi­tions between Australian­s and Americans.

Nor is there any agreement between me and many of the media on Twitter. In my own view, they have abdicated their responsibi­lity to any higher principle by failing to put a blowtorch to the institutio­ns and public officials who year after year waste taxpayer money on useless bureaucrat­ic exercises of control and domination in the Indigenous domain. The Australian media’s once forensic reporting of Indigenous issues is no more. Deaths in custody, police brutality, youth detention and incarcerat­ion rates should dominate our newspapers, but they don’t.

The worst thing about this is the routinenes­s of it all. The silence of race and institutio­nalised racism is so normal it’s mundane. It’s not dissimilar to the mundanenes­s of the frontier killings, as Noel Pearson once wrote: “It is not the horrific scenes of mass murder that are most appalling here; it is the mundanity and casual parsimony of it all.” The stinginess and casual indifferen­ce to the political economy of killing that Australia is built upon, and which persists today. And that’s why I found the glib dismissal of Bannon’s racism here in Australia and then the fierce defence of his right to ventilate anything and everything in America so galling. There is a push for truth-telling in Australia driven by the Uluru Statement From the Heart, but the longstandi­ng silence on our history of racism means it’s difficult for many Australian­s to identify what racism is, journalist­s included. If it were otherwise, Indigenous public policy would not be in such a mess. For anyone to lecture Americans about free speech and the unconstrai­ned ventilatio­n of ideas in a country journeying so messily through the antecedent­s of its racist past is extraordin­ary. Or maybe it’s not. Maybe for Australia it is routine and mundane.

Here in Australia, there is an agreeable, patrician silence. The progressiv­ism displayed on so many social issues goes missing on matters of race.

 ??  ?? Sculpture by Hank Willis Thomas at the National Memorial for Peace and Justice in Montgomery, Alabama. © Raymond Boyd / Getty Images
Sculpture by Hank Willis Thomas at the National Memorial for Peace and Justice in Montgomery, Alabama. © Raymond Boyd / Getty Images

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