Post by Kiwi Frontline on Mar 7, 2020 16:16:14 GMT 12
Via R M > THIS IS IMPORTANT - - We need as many signatures as possible to appeal against this shocking miscarriage of justice - - ANOTHER freedom being taken away from us by having a precedent set that will be used in the future by Goff and other "anti-democracy" tyrants
Last year you supported the Free Speech Coalition — which was founded in 2018 as a result of Phil Goff de-platforming two Canadian speakers and Don Brash being 'uninvited' from Massey University.
In just a few days, we raised enough money to go to the High Court seeking an injunction to overturn Phil Goff's instruction.
But it turned out Phil Goff had lied. Council officials swore that Phil Goff didn't do what he publicly said he had - and that the reason the Canadian speakers were cancelled was because of health and safety reasons. That prevented an urgent injunction (as it would require the Court to properly test the evidence about the risks associated with the event).
So instead of Phil Goff banning speakers, the Council invoked the "hecklers veto" - which is nearly as bad. We decided to continue and had a full hearing last year.
I'm not going to replough the decision in favour of Auckland Council (you can read that here img.scoop.co.nz/media/pdfs/1909/2019NZHC2399.pdf) - I'm writing to you today about a more recent finding Judge Jagose has issued.
In determining the costs judgements for the High Court, the Judge said :
Consistently with my conclusions RFAL exercised no public power in deciding to cancel the event – or public function, power or duty in cancelling the event – the proceeding did not concern any matter of public interest. The applicants’ self-interest, although not disqualifying in itself, here lacked the ‘watchdog’ quality informing public interest considerations on costs, and constituted “something of a crusade” to inject the subject matter of that self-interest into RFAL’s decision-making.
In short, the Judge is saying standing up for free speech is not in the public interest.
Think about every environmental, NIMBY, or social justice group that goes to court and has costs awards foregone because they are deemed in the public interest. Those leniencies do not apply to free speech.
The consequence of the High Court finding is that it costs dramatically more to defend free speech that it does the environment or other collective causes.
And this is why we are sending you this email. For this judge, the fact that thousands of New Zealanders have donated to this cause is not enough evidence of its interest to the public.
We want to demonstrate to the Court of Appeal that not only is this 'public interest litigation' but that the public is on our side.
Will you take 30 seconds to sign our petition declaring that you are supporting the Free Speech court case? The petition tells them you're not in this for personal gain, but out of your sense of public duty to defend free speech
Free speech dies in silence. Let’s make sure they hear us:
"I support the Free Speech litigation as I believe it is in the public interest. I stand to gain no personal benefit, but have supported the Free Speech Coalition out of a public duty to uphold the fundamental human right to free speech in New Zealand."
SIGN PETITION HERE > www.freespeechcoalition.nz/public_interest?utm_campaign=200307_public_interest_2019&utm_medium=email&utm_source=freespeech
Last year you supported the Free Speech Coalition — which was founded in 2018 as a result of Phil Goff de-platforming two Canadian speakers and Don Brash being 'uninvited' from Massey University.
In just a few days, we raised enough money to go to the High Court seeking an injunction to overturn Phil Goff's instruction.
But it turned out Phil Goff had lied. Council officials swore that Phil Goff didn't do what he publicly said he had - and that the reason the Canadian speakers were cancelled was because of health and safety reasons. That prevented an urgent injunction (as it would require the Court to properly test the evidence about the risks associated with the event).
So instead of Phil Goff banning speakers, the Council invoked the "hecklers veto" - which is nearly as bad. We decided to continue and had a full hearing last year.
I'm not going to replough the decision in favour of Auckland Council (you can read that here img.scoop.co.nz/media/pdfs/1909/2019NZHC2399.pdf) - I'm writing to you today about a more recent finding Judge Jagose has issued.
In determining the costs judgements for the High Court, the Judge said :
Consistently with my conclusions RFAL exercised no public power in deciding to cancel the event – or public function, power or duty in cancelling the event – the proceeding did not concern any matter of public interest. The applicants’ self-interest, although not disqualifying in itself, here lacked the ‘watchdog’ quality informing public interest considerations on costs, and constituted “something of a crusade” to inject the subject matter of that self-interest into RFAL’s decision-making.
In short, the Judge is saying standing up for free speech is not in the public interest.
Think about every environmental, NIMBY, or social justice group that goes to court and has costs awards foregone because they are deemed in the public interest. Those leniencies do not apply to free speech.
The consequence of the High Court finding is that it costs dramatically more to defend free speech that it does the environment or other collective causes.
And this is why we are sending you this email. For this judge, the fact that thousands of New Zealanders have donated to this cause is not enough evidence of its interest to the public.
We want to demonstrate to the Court of Appeal that not only is this 'public interest litigation' but that the public is on our side.
Will you take 30 seconds to sign our petition declaring that you are supporting the Free Speech court case? The petition tells them you're not in this for personal gain, but out of your sense of public duty to defend free speech
Free speech dies in silence. Let’s make sure they hear us:
"I support the Free Speech litigation as I believe it is in the public interest. I stand to gain no personal benefit, but have supported the Free Speech Coalition out of a public duty to uphold the fundamental human right to free speech in New Zealand."
SIGN PETITION HERE > www.freespeechcoalition.nz/public_interest?utm_campaign=200307_public_interest_2019&utm_medium=email&utm_source=freespeech