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 speech. On 8 September 2016 23:27:03 GMT+01:00, Nadine Earnshaw <nad...@iinet.net.au> wrote: > >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 > >RACIAL DISCRIMINATION ACT 1975 - SECT 18C > >OFFENSIVE BEHAVIOUR BECAUSE OF RACE, COLOUR OR NATIONAL OR ETHNIC >ORIGIN > > (1) It is unlawful for a person  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  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  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" >Cc: >Sent:Thu, 08 Sep 2016 06:18:31 +0100 >Subject:Re: Free speech - front lines in Australia - >[perso...@bernardgaynor.com.au: 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. >http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s18c.html >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 >I > 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 >I > 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 >fees > and the many personal sacrifices he has chosen to make, and some >which > he has and continues to suffer at the hands of his opponents, >including > the chief of the Australian Army who stepped down to an early >retirement > 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 >speech, > 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 >(http://us11.campaign-archive1.com/?u=2f7e1c8c95718aa1558f96210&id=7eba298bf2&e=761ea41511) > >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=2fa4ad34a5&e=761ea41511 > 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 >action > 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 >no > 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 >Directions > Hearing on 31 August. The court room was packed and there was >standing > 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 >Act > (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 >documentation > 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 >have > 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 >laws > before the politicians in parliament ever get around to repealing >them. > > 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 >family > 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 >the > Tribunal has already determined that there is no jurisdiction under >New > South Wales anti-discrimination law to lodged complaints against >people > in Queensland. > > Don't ask me to explain the logic here. I can't. But the matter has >been > set for another Case Conference on 14 December 2016. > > As far as I am concerned, the Tribunal and the Anti-Discrimination >Board > below it are acting far beyond their powers. However, I will deal >with > 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 >dinner > held at the Coorparoo RSL on 27 August. Robyn Sully did a tremendous >job > 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 >it > a very good way of understanding these matters and their importance. > From my perspective, it was an extremely effective way of getting >this > particular story out and explaining to Australians how all of us are > affected by totalitarian laws that seek to target conservative >political > beliefs. > > If you are interested in attending the next dinner in Brisbane it >will > be held at the Coorparoo RSL on 29 October at 6pm. > > Please email Robyn at robynsu...@hotmail.com > (mailto:robynsu...@hotmail.com?subject=Fundraising%20Dinner) to book >and > 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 > * >(http://bernardgaynor.us11.list-manage2.com/track/click?u=2f7e1c8c95718aa1558f96210&id=0a2c56463b&e=761ea41511) > * . > > 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 >production, > 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 >that > are not filtered out by the politically correct media. That is why >the > 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! > > ** >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=5dcea56c98&e=761ea41511 >Left! >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=0a8fdf767c&e=761ea41511) > ------------------------------------------------------------ > 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. >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=5a1b87c0d7&e=761ea41511 >Facebook >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=e46b4cd667&e=761ea41511) >http://bernardgaynor.us11.list-manage1.com/track/click?u=2f7e1c8c95718aa1558f96210&id=7bb1d1b1e9&e=761ea41511 >Twitter >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=0ee1613ced&e=761ea41511) >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=1752c2b415&e=761ea41511 >Google Plus >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=eeb76706ff&e=761ea41511) >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=07a6ac8627&e=761ea41511 >Website >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=3387486ca5&e=761ea41511) > mailto:perso...@bernardgaynor.com.au Email >(mailto:perso...@bernardgaynor.com.au) > >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=a5a6609110&e=761ea41511 > > Stay tuned to all the Australian Liberty Alliance news about its >candidates, meetings and policies. > > ALA Website >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=1257b98283&e=761ea41511) > >http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=41560abf72&e=761ea41511 > > bernardgaynor.com.au >(http://bernardgaynor.us11.list-manage.com/track/click?u=2f7e1c8c95718aa1558f96210&id=af30d68cd7&e=761ea41511) > > only operates due to your generosity. > Thank you. > > ============================================================ > Copyright © 2016 Bernard Gaynor, All rights reserved. > Our mailing address is: > Bernard Gaynor > PO Box 766 > Park Ridge, Qld 4125 > Australia > ** unsubscribe from this list >(http://bernardgaynor.us11.list-manage.com/unsubscribe?u=2f7e1c8c95718aa1558f96210&id=7b02bf3ba1&e=761ea41511&c=7eba298bf2) > ** update subscription preferences >(http://bernardgaynor.us11.list-manage.com/profile?u=2f7e1c8c95718aa1558f96210&id=7b02bf3ba1&e=761ea41511) > > ----- End forwarded message ----- > > -- > Sent from my Android device with K-9 Mail. Please excuse my brevity. > >Links: >------ > >http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s5.html#person > >http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s5.html#person > >http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s5.html#person -- Sent from my Android device with K-9 Mail. Please excuse my brevity.