I expect the right-wing blogosphere will be all over this op-ed by feminist Leslie Cannold.

The problem - at least for me - isn’t the fact that she supports a bill currently before the Victorian Parliament to formally decriminalise abortions that occur in the first 24 weeks of pregnancy.

Rather, the problem is that Cannold argues that

Men lack moral standing in the abortion debate — indeed are guilty of moral arrogance — when they push for control over a procedure they’ll never have to have because they can’t get pregnant.

Except that she’s serious, Cannold’s op-ed reads like a parody of self-centred feminism, with its characteristic refusal to accept that any of women’s interests can be put up for negotiation (if they complete the pregnancy, the rest of us must pay for their maternity leave, childcare, cover for their absences at work, and then pay and promote them as if nothing had happened).

Nowhere in her article does Cannold even contemplate the idea that killing an unborn child is morally problematic, even if (and here I agree with her) a convincing case can be made that, all things considered, this can be the better overall option in the earlier part of pregnancy. You don’t need to be a potential murder victim to stand up for the people others are proposing to kill.

The evidence of women in the abortion debate will usually be stronger than that of men, because as Cannold says they have a range of experiences that men don’t. But the moral standing of women to participate in the debate is the same as men’s.

The Liberal students/Young Liberals Make Education Fair campaign now has a Senate inquiry behind it. The inquiry’s terms of reference include looking into:

The current level of academic freedom in school and higher education, with particular reference to:

1. the level of intellectual diversity and the impact of ideological, political and cultural prejudice in the teaching of senior secondary education and of courses at Australian universities, …
2. the need for the teaching of senior secondary and university courses to reflect a plurality of views, be accurate, fair, balanced and in context; and
3. ways in which intellectual diversity and contestability of ideas may be promoted and protected, including the concept of a charter of academic freedoms.

Though there is precedent for the idea of academic freedom for students, I don’t think this is a useful concept, especially not for school students or undergraduates. Their main task is to master a body of knowledge, the content of which is to be determined by those with expertise in the field.

In many disciplines, there will be disputes among experts on some issues. As part of learning their subject, students should be made aware of these disputes and able to take a point of view, within the constraints of scholarly argument. But it is reasonable that students be held within established debates rather than able to claim ‘academic freedom’ to take an idiosyncratic perspective.
Read the rest of this entry »

Since I last posted on political donations, the debate in NSW has escalated beyond disclosure to prohibition. The SMH was endorsing this route again yesterday. As usual, no serious consideration has been given to the likely consequences of such a move.

Arguably, in the Labor Party unelected party officials and conference delegates already have too much power over elected Labor MPs. They were trying again to exercise that influence at the NSW Labor conference yesterday. If ‘outsiders’ have less access to politicians, then the party insiders, in Labor’s case the unions, will have even greater relative influence. That is not to say that they will always get their way - politicians will usually be more concerned with the broader real-world and electoral implications of policy. But the insiders will proportionately get more of the decision-makers’ time.

But a ban on political donations won’t help political parties, even while it will help party power-brokers. Most of what parties do between elections is fundraising. Much of the social capital element of political parties would disappear without fundraisers. Already parties are suffering from not being able to give members enough to do, and this problem would worsen further if donations were banned. Parties would become quasi-state institutions, rather than being parts of civil society. Read the rest of this entry »

I was rather surprised this week to receive a letter, in my capacity as editor of Policy, from the ‘Chief Legal Officer’ of the Australian Electoral Commission. Had I forgotten to vote? No, but it seems I may have ‘failed to focus’ on meeting my obligations under section 314AEB of the Commonwealth Electoral Act.

Indeed, until I came to write my criticisms of Brian Loughnane’s National Press Club speech last month, I had no idea that this provision existed, and even then I did not grasp its full implications.

Section 314AEB requires that any person or organisation spending more than $10,300 in a financial year on ‘political expenditure’ - including expressing views on a political party or candidate, or on an election issue, or on an opinion poll asking about voting intentions - has to report that to the AEC. If that spending threshold is crossed, there are also disclosure requirements on ‘gifts received for political expenditure’.

The AEC has done its best to interpret this as narrowly as possible - whether out of democratic concern or merely a desire to avoid being buried in paperwork I don’t know. The ‘primary or dominant’ purpose of the expression has to be of the kind covered in the Act. So a political or policy opinion piece in a newspaper would be part of their normal activity and not covered, but the publication of the same piece on a website intended to influence the election would be covered. And the issue has to be one ‘likely to affect the outcome of the election’, and not just any issue.

Where there is no public money involved, I don’t see what public interest rationale there could be for requiring such disclosure. Read the rest of this entry »

I recently experienced my own little frustration with getting information out of the government. I’m writing a CIS paper on private providers of higher education, and one of the arguments I planned to make was that the FEE-HELP provisions of the Higher Education Support Act 2003 are protectionist, in restricting access to the loans to institutions with their ‘central management and control’ in Australia.

In the course of doing various company searches on private higher education providers, I found that two of them with FEE-HELP access are foreign-owned. Perhaps ‘central management and control’ was being intepreted so broadly that it wasn’t as much of an issue as I thought. I needed to know how it was being defined.

I sent an email to the bureaucrat responsible for this area, asking her how it was defined. A couple of weeks later I received a one-line email from a Departmental media person informing me that ‘central management and control’ was not defined in the Act, ie telling me what I already knew and what had prompted the inquiry in the first place.

If the very useful Report of the Indpendent Audit into the State of Free Speech in Australia (big pdf, short html summaries here) is a guide, my experience is far from unusual. Read the rest of this entry »

John Buchanan may live in fear of a Joe Hockey put-down. But not all academics are so shy of taking on politicians. Take Roger Short, a (gasp) Professorial Fellow at the University of Melbourne. According to The Australian, this week he told undergraduate students that:

Australia’s population will increase (and global warming worsen), if Peter Costello gets in,” he said on Tuesday.

“The man’s a bloody idiot.” …

“We’re going to see massive growth in the world’s two most affluent and effluent nations (the US and Australia) on a per capita basis.”

China was unfairly singled out in the debate; its one-child law was the “most exciting policy” to confront climate change.

“Point the fingers of blame at the USA and - as a silly little me-too copycat - Australia.” ..

“It makes me want to tear up my Australian passport. We are a disgraceful country.”

In any case, climate change would redraw the map as rising sea levels flooded many of Indonesia’s islands, he said. “With thousands of islands there are thousands of boats and by the end of this century I think Australia will be part of Indonesia.”

Students might have hoped for some scientific explanation when Professor Short came to give a lecture. After all, they can hear climate change rants at much lower cost from their local Green candidates.

On the evening of Monday 1 October, Age journalist Michael Bachelard rang the office of Workplace Relations Minister Joe Hockey. The call was about a report neither Hockey nor his staff had seen, Australia@Work. Bachelard explained some findings on pay under AWAs. With a deadline approaching, Hockey’s office hurriedly produced a response they didn’t proofread. As Bachelard tells the story:

Twenty minutes later, the minister emailed an official response.

“This report is not credible. It is the same old flawed research from the same old union accedemics (sic). It contradicts far more reliable findings from the ABS. It has (sic) hardly surprising that acdemics (sic) such as John Buchanan and Brigid van Wanrooy, who has previously authored ACTU research, would come up with such a flawed report.”

The next morning, presumably still not having seen the report, but with the task of defending the government’s industrial relations policies, Hockey accused the report’s authors of being ‘former trade union officials who are parading as academics’, who had suddenly released an anti-WorkChoices report just before the election. ‘So you have to look to their motives’, he said. ‘This research is heavily influenced by academics who have done a lot of work for the trade union movement over a number of years.’

To most of us, it looks like just another round of the quick and cheap point-scoring we see every day in Australian politics. 70% of Labor’s front bench are former trade union officials parading as potential Ministers, aren’t they? It’s hard to take seriously.

At universities, however, it seems to be a very serious matter indeed. In The Australian yesterday, University of Sydney Vice-Chancellor Gavin Brown was reported as saying:
Read the rest of this entry »

At the start of the month, I suggested that Guy Pearse, author of High and Dry, a critique of the Howard governmet’s climate change policies, use his wesbite’s ‘Clarifications and corrections’ page to correct the claim that Greg Lindsay had any responsibility for the government’s policies.

My argument was based on the facts that Lindsay has had nothing to say on the topic (which Pearse admits), and that the CIS had published only a handful of articles on climate change, and none for several years. It seemed to me to be a wildly implausible notion of ‘influence’, that all you have to do is print a few pieces and - hey presto! - the government adopts your policy. Strangely, given this theory of influence, my dozens of articles on higher education reform over more than seven years, not to mention my prior role as the actual Ministerial adviser on higher education, have failed to secure the desired outcome. Ditto many CIS policy suggestions on tax, welfare, and other subjects.

Now Pearse has responded to my post, and though he does, near the end, back-pedal a bit, it is mostly a flimsy exercise in guilt by association.
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If book buyers have a limit on how many ‘Howard’s suppressing free speech’ books they’ll add to their shelves, it’s a pity Clive Hamilton and Sarah Maddison’s Silencing Dissent reached the bookshops before David Marr’s His Master’s Voice: The Corruption of Public Debate Under Howard.

They cover similar ground (indeed, some of the same ground, with Marr citing the earlier book) and ultimately have similar problems, but Marr’s book is much the better of the two: whatever his faults, he writes well; and he retains a sense of perspective lacking in Hamilton and Maddison.

According to its editors, Silencing Dissent:

paint[s] a picture of Australian democracy in serious jeopardy….The longer term picture is even more worrying: authoritarianism can only flourish where democracy has been eroded.

But according to Marr:

For a decade now, public debate has been bullied and starved as if this was an ordinary function of government. It’s important not to exaggerate the result. Suppression is not systematic. … There are limits.

But, as with Silencing Dissent, it’s not clear that all the examples really tell us much about the state of public debate in Australia. Read the rest of this entry »

Upmarket department store David Jones is taking the Australia Institute to court, accusing it of misleading or deceptive conduct for describing DJ’s advertising of children’s clothes as ‘corporate paedophilia’. According to the Australia Institute, the department store’s catalogue posed child models in sexually provocative ways, something David Jones denies strongly. Whatever the merits - or lack thereof - of David Jones’ claim there is some irony to be enjoyed here. In his 2005 book Affluenza Australia Institute Executive Director Clive Hamilton includes a ‘Political Manifesto for Well-being’ that declares:

‘advertising codes of conduct should be legislated so that irresponsible and deceptive marketing is outlawed’.

An adverse finding for Hamilton will see him punished by legislation he thinks should be strengthened and enforced much more vigorously. Be careful what you wish for…

Irony enjoyment aside, I think this is a regrettable action by David Jones. The best course of action here was a debate over the value of the Australia Institute’s claims, which indeed occurred last year. Clearly the Australia Institute was engaged in hyperbole (otherwise the DJ’s advertising people would be behind bars), but there were divided views over whether their advertising in question went too far or not. But if people didn’t like the advertising, nobody is forcing them to shop at DJ’s.

Given his persistent opposition to freedom of commercial speech it’s going to be hard for Hamilton to credibly play the free speech martyr. But perhaps this will be lesson to him in the virtues of not regulating speech via the courts. There are widely differing views about what constitutes acceptable speech, and this diversity has been dealt with via a mix of social norms as to what it is and is not acceptable to say and show, and helping people avoid what they don’t want to see or hear via ratings systems or self-help. Generally, censorship has been limited to extreme cases where there is little disagreement or clear harm flows from publication (though with exceptions such as vilification laws). If you think DJ’s catalogues are offensive, just put them straight into the bin (or the recycling bin, as Clive would insist). The alternatives - censorship or heavy-handed legal action - are worse than the original problem.