Truly private speech comes with a freespeech guarantee so thats not an issue.

Public speech is where the attacks on freespeech occur.

The fact is, you either have freespeech or you dont, there is no halfway - that 
is called 'controlled speech'.

The people who are too sensitive to handle freespeech should stop pretending 
they advocate it and accept that they are advocating controlled or limited 

On 8 September 2016 23:27:03 GMT+01:00, Nadine Earnshaw <> 
>No the issue is public vs private speech.
>There is also a difference between publicly stating an opinion and
>being abusive.
>this is what we are talking about legislatively
>                    (1)  It is unlawful for a person [1] to
>do an act, otherwise than in private, if:
>                            (a)  the act is reasonably
>likely, in all the circumstances, to offend, insult, humiliate or
>intimidate another person [2] or a group of people; and
>                            (b)  the act is done
>because of the race, colour or national or ethnic origin of the
>other person [3] or of some or all of the people in the group.
>       Note:          Subsection (1) makes certain acts unlawful.
>Section 46P of the _Australian Human Rights Commission Act
>1986 _allows people to make complaints to the Australian Human Rights
>Commission about unlawful acts. However, an unlawful act is not
>necessarily a criminal offence. Section 26 says that this Act does
>not make it an offence to do an act that is unlawful because of this
>Part, unless Part IV expressly says that the act is an offence.
>                    (2)  For the purposes of subsection (1),
>an act is taken not to be done in private if it:
>                            (a)  causes words, sounds,
>images or writing to be communicated to the public; or
>                            (b)  is done in a public
>place; or
>                            (c)  is done in the sight
>or hearing of people who are in a public place.
>                    (3)  In this section:
>       _"PUBLIC PLACE " _includes any place to which the public have access
>as of right or by invitation, whether express or implied and whether
>or not a charge is made for admission to the place.
>----- Original Message -----
>From: "oshwm" 
>To:"Nadine Earnshaw" , "CypherPunks" 
>Sent:Thu, 08 Sep 2016 06:18:31 +0100
>Subject:Re: Free speech - front lines in Australia -
>[ Update: battle for free speech]
>So, free speech is ok so long as it is only used to say yhe things you
>find acceptable? :D
>On 8 September 2016 04:09:38 GMT+01:00, Nadine Earnshaw  wrote:
>freedom of speech does not protect hate speechand that is what 18c
>which Bernard supports being removed.
>He is free to say
>"I wouldn't let a gay person teach my children and I am not afraid to
>say it," a Twitter post from Mr Gaynor read.
>but there is a line and that is what 18c is about.
>He is free to be a dick in private. Clearly with his being dismissed
>he has trouble with what private is.
> >>Bernard Gaynor is a controversial Australian with conservative
> pro-family views whom some would say is ultra-conservative, to which
> would counter "that's just your post-modern moral relativism which
> dominates the current Western public and social dialogue".
> So, notwithstanding anyone's particular views on any particular issue
> which Bernard Gaynor stands for and champions (at least one of which
> strongly disagree with), his stand for freedom of speech is superb,
> courageous, persistent, and thyankfully a following has formed which
> donates to keep him and his family afloat in the face of the legal
> and the many personal sacrifices he has chosen to make, and some
> he has and continues to suffer at the hands of his opponents,
> the chief of the Australian Army who stepped down to an early
> in "moral disgrace" and knowing that he would not survive his very
> political attack against Bernard Gaynor's personal stands as an
> Australian Army reserve man (he sacked Bernard amongst other things).
> So plenty to debate, but the guts of this is free speech and the long
> standing statutory infractions against our right to freedom of
> and in particular as we name it for necessary but quirky reasons in
> Australia for legal and constitutional purposes:
> freedom to communicate on political and related matters
> Good luck Bernard,
> ----- Forwarded message from Bernard Gaynor -----
> Date: Thu, 8 Sep 2016 01:07:53 +0000
> From: Bernard Gaynor 
> To: Zenaan Harkiss 
> Reply-To: Bernard Gaynor 
> Subject: Update: battle for free speech
> View this email in your browser
> Dear Zenaan,
> Contents
> * Free Speech Update (#legalupdate)
> * Fundraising Dinner (#qoty)
> * Please help - donate $1 per week today (#pleasehelp)
> Since I last wrote to you on 22 August, there has been plenty of
> in the battle to speak the truth and speak it freely.
> First of all, I must thank all those who donated to assist in this
> battle. I incurred over $23,000 in fees last month. There is simply
> way that I could afford to wage this fight without your support. I am
> deeply grateful and humble for that assistance.
> Secondly, the New South Wales Supreme Court of Appeal held a
> Hearing on 31 August. The court room was packed and there was
> room only. I counted at least 18 barristers and solicitors there. The
> Commonwealth has intervened and so has the state of New South Wales.
> This matter is attracting high levels of attention, even if the media
> are not paying any interest (yet).
> Importantly, the Court accepted an amendment to our summons that we
> obtain a:
> Declaration that sections 49ZS and 49ZT of the Anti-Discrimination
> (NSW) 1977 are invalid in that they impair the Plaintiff's right to
> freedom of political communication or impair his freedom of religion
> under Constitution section 116.
> I have been busy this week preparing submissions and other
> to support our case. Obviously, I will not discuss our arguments in
> detail here and will respectfully leave them for the consideration of
> the New South Wales Supreme Court of Appeal.
> The matter has been set down for hearing in November. Suffice to say
> that a victory against the Anti-Discrimination Act (NSW) 1977 will
> very serious ramifications for all other anti-discrimination laws,
> including S18C of the Racial Discrimination Act (Cth) 1975. In other
> words, the outcome of this case may well destroy anti-free speech
> before the politicians in parliament ever get around to repealing
> As such, when it comes to free speech, this battle is the number one
> game in town. And let's all hope that it is successful. Australians
> should not be forced to apologise for their conservative views on
> and morality. I, for one, won't.
> Thirdly, the New South Wales Civil and Administrative Tribunal held a
> Case Conference yesterday and decided to proceed with an additional 8
> complaints against me from Garry Burns, even though these matters are
> before the New South Wales Supreme Court of Appeal and even though
> Tribunal has already determined that there is no jurisdiction under
> South Wales anti-discrimination law to lodged complaints against
> in Queensland.
> Don't ask me to explain the logic here. I can't. But the matter has
> set for another Case Conference on 14 December 2016.
> As far as I am concerned, the Tribunal and the Anti-Discrimination
> below it are acting far beyond their powers. However, I will deal
> that issue after the main game, which is the action in the Court of
> Appeal.
> I was very grateful for the support I received at a fundraising
> held at the Coorparoo RSL on 27 August. Robyn Sully did a tremendous
> organising it and nearly 100 people attended.
> We are now in the early stages of planning to organise other such
> dinners across Australia. From the feedback received, attendees found
> a very good way of understanding these matters and their importance.
> From my perspective, it was an extremely effective way of getting
> particular story out and explaining to Australians how all of us are
> affected by totalitarian laws that seek to target conservative
> beliefs.
> If you are interested in attending the next dinner in Brisbane it
> be held at the Coorparoo RSL on 29 October at 6pm.
> Please email Robyn at
> ( to book
> for further details.
> Thank you once again to all who have assisted financially, especially
> over the past month. We are slowly getting through all the thank you
> emails and I would like to thank the volunteers who have been able to
> provide support in this task.
> Please consider small regular donations if you would like to assist:
> Paypal:
> * Click here
> *
> * .
> Family Values Action Account (used to cover legal fees):
> * BSB: 084 134 A/c: 39 446 4501
> Gaynor Family Support A/c (used to fund my website and the Gaynor
> family)
> * BSB: 084 134 A/c: 84 082 9276
> Cheque/Money Order:
> * PO Box 766, Park Ridge, Qld 4125
> I am also looking for volunteers who can assist with video
> or who live on the south side of Brisbane and who can assist with
> administrative support. If you would like to help, please email me.
> Finally, it was pleasing to see that over 65,000 people visited my
> webpage in August. Australians are looking for conservative views
> are not filtered out by the politically correct media. That is why
> radical left want the anti-discrimination laws that we are fighting.
> They want webpages like mine shut down and to deny Australians the
> opportunity to hear from anyone willing to stand up to their Safe
> Schools programs, their support of Islam and their attacks on our
> Western Christian traditions.
> Thank you once again for your support.
> Kind regards,
> Bernard Gaynor
> Christ is our king!
> **
> ------------------------------------------------------------
> The Australian Defence Force has a new policy on political activity:
>the Service Chiefs now have the power to allow uniformed attendance at
>political activities.
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> Thank you.
> ============================================================
> Copyright © 2016 Bernard Gaynor, All rights reserved.
> Our mailing address is:
> Bernard Gaynor
> PO Box 766
> Park Ridge, Qld 4125
> Australia
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> ----- End forwarded message -----
> -- 
> Sent from my Android device with K-9 Mail. Please excuse my brevity. 

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