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Culture War Roundup for the week of December 11, 2023

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From a deontological perspective, a culture where punishment for wrongthink is dished out by social media is better than one where wrongthink is outright illegal. That's why I like living in America, where there are no hate speech laws.

But a thought occurred to me: from a consequentialist perspective, it'd be better to let "cancelling" be done by the state, because then people can defend themselves and a court can decide if they're truly guilty of the offense.

I'm ignorant of international affairs, so I have a question for those of you who are better-educated and/or not American: in a culture where there are hate speech laws, like Britain, are Twitter which hunts less common?

it'd be better to let "cancelling" be done by the state, because then people can defend themselves and a court can decide if they're truly guilty of the offense.

Yes and no, it's a big challenge to take on govt-backed institutional cancellers in court. In Australia we had a case where some uni students complained about not being allowed into the Indigenous-only computer lab. This angered an Indigenous administrative worker, Prior, who took them to the human rights commission, which is like an arbitrator before you get to court. The commission didn't bother to tell 2 out of 3 they were even being investigated for several years, before Prior asked them to pay $5K lest she sue. She actually managed to get 5K out of one fellow, Findlater, since he wasn't sure he could afford a legal battle.

Earlier, student Alex Wood, who has started a Gofundme website to raise money from public supporters for a legal costs bill of $41,000 for Ms Prior’s solicitor Susan Moriarty, told the inquiry he had feared the false racism claims would ruin his life and tarnish his late father’s legacy.

He told the inquiry: “I am 22, effectively exonerated in court, dragged through years of legal ­action, let down by my university and the commission, and now I am stuck with a $41,000 bill.

“I thought I’d lose my job and not be able to get a job when I graduated. As 18C stands … it can be used in a malicious way to persecute the innocent.”

After Mr Wood wrote on Facebook “Just got kicked out of the unsigned indigenous computer room. QUT stopping segregation with segregation?” in May 2013, he was accused by Ms Prior of acting unlawfully under section 18C, investigated by the commission and sued for $250,000.

Happily all ended well since Wood and co managed to get costs IIRC. Still a huge waste of time. I'm not quite sure of all the details here since it's a long and complex story but my general point is: how many people can afford lengthy court cases? And what kind of people will end up staffing the human rights commissions you end up with? If our conservative media didn't blow up the case into a national event, Prior probably would've been able to get away with it.

Yeah that case was disgusting. Exhibit A for why the HRC should be abolished.