A call for courageous leadership
Freedom of speech is fundamental to the existence of liberal democracies. The ability of an individual or minority group to express opinions, protest and debate pluralistic ideas without the fear of prosecution or intimidation is vital for the vibrancy of an open society, where the rights of the individual are at the very centre. From the days of the 19th Century philosopher John Stuart Mill (“On Liberty”), it has become one of the foundation rights that differentiates our society from authoritarian regimes where such liberties are, at best, limited.
The escalation in hate speech in Australia and around the world since October 7th raises serious questions about the level of tolerance that liberal democracies can and should maintain to enable the exercising of this fundamental right, when it comes at the expense of public safety, psychological abuse, threats and incitement to violence, and in extreme circumstances, the potential to undermine the fabric of democracy itself.
“Tolerance, which conceives the right to freedom of expression as a carte blanche allowing any speech, in any circumstances, might prove counterproductive, assisting the flourishing of anti-tolerant opinions and hate movements. Therefore, we have to be aware of the dangers of words, and restrict certain forms of expression when designated as levers to harmful, discriminatory actions; for words, to a great extent, are prescriptions for actions.” (Raphael Cohen-Almagor, Speech, Media and Ethics The Limits of Free Expression).
We have been witnessing a Tsunami of antisemitic hate speech across Australia and globally, from chanting of “gas the Jews” near the Sydney Opera house just days after the massacre of October 7, and chants calling for genocide of Jews, to harassment and intimidation of young Jewish students on university campuses, staff presenting opinions as facts, where students feel the need to understate or hide their Jewish identity in order to be included in campus life or even attend classes. Other forms of abuse have also occurred at festivals, medical centres and other public places.
In attempting to address this challenge, a recent Task Force on Antisemitism at Columbia University adopted three key principles:
- First, the vital role of free speech, exchange of ideas, and rigorous debate.
- Second, the responsibility to respect and protect the right of others. “Our right to speak must not come at the expense of the right of others to speak, teach, research, and learn. We must not use the “heckler’s veto” to shout down other speakers, tear down or deface posters, disrupt classrooms, or impede other essential functions of the University. These “rules of the road,” which are known as “time, place, and manner” restrictions, are essential to the academic enterprise. Intellectual inquiry cannot proceed without them… These limits must be applied consistently and even-handedly. It would be unacceptable for them to be invoked selectively to silence particular voices. Rather, time, place, and manner restrictions must be content- and viewpoint-neutral.”
- Third, treating all members of our community with respect. Everyone deserves to feel safe. The University must be a welcoming home to all students, faculty, and staff, regardless of their race, national origin, gender, religion, sexual orientation, age, disability, military service, or other legally protected status.
Harassment and discrimination cannot be tolerated. Nor should anyone be free to engage in violence or to call for violence against individuals or groups to which they belong. Members of the community who have Jewish heritage, Israeli origins, Zionist views, or other minorities for this matter, should not be excluded or intimidated.
There is an urgent need for leadership to address this issue in Australia, not just rhetorically but by enforcement. The responsibility to protect free speech, as well as safety and anti-discrimination, calls for leadership to take action. This includes implementing legislation and policies, and on-the-ground enforcement.
On a more strategic level, there is a need to look at the deeper undercurrents of antisemitism and its relationship with various foreign actors whose aim is to abuse the democratic system and create polarization of western societies by intensifying binary world views and undermining our peaceful social fabric.
Heads of universities, members of local, state and federal governments, and law enforcement agencies all bear responsibility to ensure the right balance is maintained so that social cohesion, inclusiveness, and prosperity of ideas flourishes. Furthermore, this is essential to avoid escalation that could undermine our cherished liberal way of living and protect our pluralistic democratic society for future generations. Neglecting to do that is betrayal of leaders duty to defend our democracy.
I highly recommend listening to the interview (link below) with David M. Schizer who served as Dean of the Law School at Columbia University and who worked closely with the esteemed Ruth Bader Ginsburg. Schizer was part of the (previously mentioned) Columbia University task force established to tackle the rise of antisemitism on American university campuses:
Ayal Marek
President ARZA.org.au
Co Vice President Union for Progressive Judaism