Monday, April 8, 2019

The relationship between censorship and student publications Essay Example for Free

The relationship between censoring and assimilator takes Essay move the limits of give up speech communication and then killing it is not an uncommon theme for todays educatee press. Civil noncompliance and censoring of disciple publications has been a hot-button issue since the 1960s and remains a crucial, yet under-examined argona of step down speech. In an assumed tolerant democracy which flaunts philosophical ideals like a surrender merchandise of ideas, censorship laws have undermined the essential function of student newspapers as an come shiplet for challenging, insightful and investigative journalism. The following analyse seeks to examine the relationship between censorship and student publications by specifically drawing on the Rabelais case. Accordingly, this study further attempts to explore the legal and philosophical reasoning behind censoring student newspapers.In 1998, the overflowing Court of the federal Court handed down its first decision wh ich directly involved the adept to governmental communication of a student publication1. The court held that an article advocating theft bring oned in the La Trobe University student publication, Rabelais, instructed in matters of offence and was not protected by the implied constitutional freedom of speech.2 The appellants four editors of the publication argued that the article addressed issues of wealth distribution in a capitalist society and constituted governmental communication.3Prior to Rabelais, Australian courts have never squarely confronted policy-making communication in relation to the bailiwick Classification Code.4 Whilst the Federal Courts decision to uphold the findings of the Classification Review Board generated another proponent of master on the boundaries of semipolitical communication, it simultaneously limited the journalistic scope of student publications in challenging the virtuous and political patterns of society. The implications of Rabelais ha ve since posed an explicit threat to the autonomy of student publications by which student journalists are left confined within the legally permissible censorship system.5A common principle pass restrictions on free speech is balancing. In the case of Rabelais and similar articles in nature published in other student publications, striking a reasonable balance between political material and Australias censorship laws fosters the argument that the security measure of political communication is not absolute. Judicially-considered concepts underpinning political communication6 is oft subject to the maintenance and protection of the system of representative government.7 By strict adherence to this generalization, virtually all political protest and complaisant disobedience is then liable to interfere with the maintenance and protection of the government system. Heerey J8 provided further insight, claiming this relationship to fit out an imbalance in which the protection of represen tative democracy overrides the protection of dissent9 by student publicationsIt should be say that Anarchist theory extended from non-violent writers and political leaders like Tolstoy, Thoreau and Ghandi to Proudhon (property is theft) the Anarcho-Syndicalists whose creed was that unions should become militant organizations commit to the destruction of capitalism and the state.All this may be in one sense politics, but the innate freedom of political communication assumes indeed exists to support, foster and protect representative democracy and the rule of law. The advocacy of law breaking falls outside this protection and is antithetical to it. 10However, the argument brought forward by his Honour is severely flawed. The knowledge needed to draw political comparisons from the works of Tolstoy, Thoreau and Ghandi lies in the mere occurrence that the writings of these revolutionaries were not refused motley, but available to the public for debate and reflection. In this inst ance, measuring competing interests on the understructure of political ideologies in power would easily translate into banning all commonly dissenting student publications.11 The classic role of student publications in discussing socio-political affairs beyond the bounds of moral and legal civility is one which indeed supports, fosters and protects the system of representative democracy.This lends itself to another critical failure in determining classification of student publications. In refusing classification of Rabelais, the Review Board directly addressed the legal aspect of inciting crime, conciliatory the publications implied rightfulnesss to political communication.12 It did so by appraising the article in isolation from other writings of political nature, published in the same edition.13 Setting aside possible constitutional questions, the approach in reviewing student publications does not distinguish between student and mainstream media. If a student press is to functi on as the dutiful outlet of alternative and challenging thought in society, then such definition should allow for olympian free speech privileges.To give further reference to the limited interpretation of the role of student publications in Australia, there is a high probability that the article in question would have been permissible to publish in other countries, particularly the get together States. Not only does the existence of a U.S. Bill of Rights pronouncely protect the rights of individuals to free speech, but an implicit rule applied by U.S. courts entitles student journalists to the highest level of counterbalance Amendment protection to sustain the traditional libertarian function of student publications. 14 The rule that student publications enjoy separate exemptions of restrictions underlying the First Amendment emanates from legislation based in the state of California, which expressly duplicates First Amendment rights to college and university students. 15 hots hot can hardly ignore the advantageous effects of a similar law being apply in Australia. Like the United States, it is widely maintained that student publications in Australia should remain wide-open free speech zones, where every form of speech is permitted and censorship controls are turned off.16 However, the recent introduction of the intended Student Unionism bill17 before parliament has additionally threatened the agenda of student publications. Although the bill, which traces back to 197418, sets out to render universal student unionism voluntary, it could potentially be the first law that directly undermines students right to free speech by defunding Australias student press19. The Western Australian (WA) VSU model, which came into force in 1997, has cut bills directed to all student publications in the state, while other student advocacy bodies were lost completely.20In conclusion, although Australia has a robust commitment to freedom of speech, on a practical level, th is commitment is too often regulated by prevailing moral and legal protocols. As evidenced by the legal implications brought forward by the Rabelais case, there remains little conscious acknowledgement of the significant function of student media in challenging dominant viewpoints. Given the undoubted importance of the court in interpreting political communication, the process in determining such can only be rendered valid and objective if the historical and philosophical principles underpinning student media are taken into consideration.The burden here is not only on the narrowed definition of political communication, but the lack of an accountable and tolerant classification system. Similarly, the Rabelais case reawakens the time-worn argument of implementing an express free speech right in Australia. Given that student publications are dedicated to political dissent and civil disobedience, and and then vulnerable to legal ramifications, it would arguably seem fair to grant stude nt media the privilege of special free speech rights, over and above all the general speech rights Australians enjoy. A law similar to that of the United States would allow society to recognize the doctrine of academic freedom and protect and maintain the free market of ideas in a representative democracy. As Parsons once said The creative writer should enjoy a latitude greater than would be of proper to the journalist and newspaper published who deal with fact.211 brown v Members of the Classification Review Board of the Office of Film and Literature Classification (1998) 154 ALR 67 (hereinafter Rabelais)2 The article provided a step-by-step guide on how to shoplift. Pursuant to the Classification (Publication, Films and Computer Games) Act 1995, publications that describe, depict, express or otherwise deal with matters of crime will be refused classification3 railway line 1. The Federal Court upheld the decision of the Chief illegalize to refuse classification (i.e. ban) of Rabe lais. The charges were later dropped.4 Clayton, M. (2005). Interview. Interview with Christopher van Opstal, 24/05/2005. stop also Classification (Publication, Films and Computer Games Act) Act 19955 Boey, H. (2005). Interview. Interview with Christopher van Opstal, 19/05/2005. Duncan, J. (2005). Interview. Interview with Christopher van Opstal, 19/05/2005. Fomiatti, L. (2005). Interview. Interview with Christopher van Opstal, 19/05/2005. Belford, A. (2005). Interview. Interview with Christopher van Opstal, 19/05/2005.6 For example, in Australian Capital Television v The Commonwealth (1992) 177 CLR 106, six members of the High Court acknowledged the implied freedom of communication in government and political matters. Other judicially-considered cases in Rabelais, include Theophanous v Herald Weekly Times (1994) 182 CLR 104 Lange v Australian publicize Commission (1997) 189 CLR 520 Levy v The State of Victoria (1997) 189 CLR 5797 Pearson, M. (2005). Interview. Interview with Chris topher van Opstal, 23/05/20058 French J and Sunberg J were the two other judges in Rabelais9 Heerey J refers here to dissent as writings which advocate breaking the law or anarchy10 mark 1 (Heerey J). By contrast, the appellants council argued that advocating theft was an appropriate means of reallocation of resources of political dissent or as a central tenet of Anarchist theory. The same argument is brought forward by Des Clark, Chief Censor of Australia. Clark, D. (2005). Interview. Interview with Christopher van Opstal, 26/05/200511 Clark, D. (2005). Interview. Interview with Christopher van Opstal 26/05/2005. Clayton also points out that a publication which incites crime must be banned under regulations by the OFLC, even though the publication may be of political nature. Note 4.12 Note 4. See also Clayton, M. 1998 Censorship, Free Speech and the Rabelais Case, Legal Date, Vol. 10, No 1. Clayton, M. and Borgeest, T. 1998, Free Speech and Censorship after the Rabelais Case, Medi a and Arts Law Review, Vol. 3 at 19413 Note 1. The Rabelais edition also discussed political issues of death penalty in the United States and pending execution of a former black activist, Mumia Abu Jamal14 Goodman, M. (2005). Interview. Interview with Christopher van Opstal, 23/05/200515 Pursuant to s 76120 of the California procreation Code, the governing board of a community college shall adopt rules and regulations relating to the exercise of free expression by students. See California direction Code Section 66301.16 Boey, H. (2005) Interview. Interview with Christopher van Opstal, 19/05/200517 Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees) Bill 200518 Aldrich, F. (2005). Interview. Interview with Christopher van Opstal, 27/05/200519 Note 13. If impending VSU is passed by the Senate in July, it will be necessary to cut funds to the printing of student publications. This will result to the disappearance of most student publications.20 Ha stings, G. (2004) VSU Legislation Experiences in WA, Victoria, and Federally, NUS Research at 521 Pollak, M. 1990, Sense and Censorship, Reed Publishers, Sydney, at p. 284

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