Derpus
Nathan Sharpe (72)
Breakaway - some interesting points. I think you are making a big error in saying that Israel Folau's social media account is private communication.
It's already established that it is not. It's public communication. There have been examples of employees being fired successfully for badmouthing their employers on social media. (if you really seriously definitely want me to, i can find the cases but i'd rather not).
So in that sense, RA are not overstepping. Israel Folau as a public figure for Rugby made a public communication.
Im a huge advocate of the 'who gives a fuck if you are offended' line. It's true and offence absolutely should not be the basis upon which free speech be curbed.
The thing is, this isn't a free speech issue. Its a terrible argument because a) that kind of free speech just does not exist in the legislation (or constitution) - there is no Religious Discrimination Act like there is for, say, race and b) he voluntarily entered into the contractual situation that would mean he couldn't say certain things in a public forum.
Israel wants to have his cake and eat it. No one is saying he cant rag on gays all day every day. They are just saying he cant do it after voluntarily entering into a legal contract which requires him to not rag on gays. And yes, unless there is legislation that expressly prohibits contracting out of a right, you can contract out of a right.
Its a contract issue rather than a civil liberties issue.
Academics have contemplated, discussed and written about all the above issues for centuries. No one ever asks them though. This is hardly a new debate.
It's already established that it is not. It's public communication. There have been examples of employees being fired successfully for badmouthing their employers on social media. (if you really seriously definitely want me to, i can find the cases but i'd rather not).
So in that sense, RA are not overstepping. Israel Folau as a public figure for Rugby made a public communication.
Im a huge advocate of the 'who gives a fuck if you are offended' line. It's true and offence absolutely should not be the basis upon which free speech be curbed.
The thing is, this isn't a free speech issue. Its a terrible argument because a) that kind of free speech just does not exist in the legislation (or constitution) - there is no Religious Discrimination Act like there is for, say, race and b) he voluntarily entered into the contractual situation that would mean he couldn't say certain things in a public forum.
Israel wants to have his cake and eat it. No one is saying he cant rag on gays all day every day. They are just saying he cant do it after voluntarily entering into a legal contract which requires him to not rag on gays. And yes, unless there is legislation that expressly prohibits contracting out of a right, you can contract out of a right.
Its a contract issue rather than a civil liberties issue.
Academics have contemplated, discussed and written about all the above issues for centuries. No one ever asks them though. This is hardly a new debate.