No such thing as a right to free speech
COLIN James makes some thoughtprovoking comments about the wakahopping Bill and free speech (ODT,
31.7.18).
In simple terms, it can be assumed that a list MP is in Parliament by virtue of political party membership. Resignation from that party therefore should be virtual resignation from Parliament.
On the other hand, a constituent MP, it can be reasonably argued, has been elected as an individual by voters with party membership a lesser, and sometimes irrelevant, consideration. In the latter case, resignation from the party should not constitute resignation from Parliament. Our freedom to elect MPs can be seen to be at risk otherwise.
Rights of free speech are another matter. There are no absolute rights to anything. All the rights we have in Western society are constrained in some way and none more so than free speech. We have laws against defamation as well as charges of sedition and treason which can be brought against those who say, or write, inflammatory or defamatory opinions about national security or the sovereign. Such charges are rare but they can be brought when necessary and for good reason. We also have laws against hate speech but all are retrospective and we should not constrain people for what they might say or write. We can only take action after the event
Tom O’Connor
St Andrews