Posts Tagged ‘freedom of expression’

The title of this post says it all. See the SMH’s article for more detail. (By the way, SMH, I fixed that passive-voiced headline for you!)

Look, I’m not pissed off that the Catholic school has suspended the student for shaving her head as a fundraiser for cancer. I’m pissed off that the Catholic school has suspended the student for shaving her head. The school is, essentially, discriminating against her on the basis that she is now not expressing gender “correctly”, in their eyes. That’s basically what “dress code policy” means.

I should add that I’m not making any assumptions or implications about the gender that the student intends to express – I’m pointing out that the school is.

The fact that she’s done it for a good cause just adds a layer of hypocrisy to the stupidity of the Catholic school’s actions. (It also makes it a bit more of a freedom of expression aspect, in the sense of political expression.)

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The Full Court of the Federal Court has struck down the World Youth Day Regulation 2008 (NSW) which proscribed the annoying of WYD participants. Note that only the part of the clause referring to “annoyance” has been struck down.

The relevant clause was this:

Clause 7
(1) An authorised person may direct a person within a World Youth Day declared area to cease engaging in conduct that: …
(b) causes annoyance or inconvenience to participants in a World Youth Day event …

(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subclause (1).

The Full Court (Justices French, Branson and Stone) delivered a unanimous judgment striking down cl 7(1)(b) in part.


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