The issue of free speech has been a hot topic in recent months since the advent of Donald Trump’s second term.
Mark Zuckerberg announced that Trump’s re-election represents a “cultural tipping point” in favour of free speech, as Meta stopped using third party fact checkers on their platforms because he believed they had become “too politically biased”.
Elon Musk’s first post after buying X (formerly Twitter) also touched on this idea by exclaiming that “free speech is the bedrock of a functioning democracy”.
This new obsession with free speech by many of the world’s richest and most influential men would pose the question, if the concept of free speech is being touted so much, why would many argue that this right is in danger?
The origins of the right to free speech
Most people in Australia and in other Western democracies would be aware of their right to free speech. The constitution of the United States even expressly protects free speech. The first amendment states that no law shall be made which prohibits or abridges the freedom of speech, and of the press.
While the right to free speech is not expressly written in Australia’s constitution, it is a fundamental implied right that has been seen as pivotal to the operation of our constitution. In the landmark High Court case of Nationwide News v Wills, it was stated that the freedom of speech in Australia is one of the “fundamental values protected by the common law”.
It is accepted by people on both sides of the political aisle that free speech is crucial for a functioning democracy, as it allows for open debate, the accountability of power and the free exchange of ideas which ultimately lead to an informed and just society. So why has free speech been under the blowtorch in the eyes of many?
The Trump administration has its eyes set on certain targets.
In recent weeks, Trump has removed longstanding news organisations including the New York Times and NBC from the pentagon, and has restricted access to the White House press pool for the Associate Press (AP), after the AP continually referred to Trump’s newly branded ‘Gulf of America’ as the ‘Gulf of Mexico’. There have also been moves by the Trump administration to dismantle Government outlets such as the ‘Voice of America’ and ‘Radio Free Asia’.
It has become increasingly clear since the start of the second Trump administration, that media outlets who Trump believes have unfairly criticised him will be punished, while outlets such as Fox News, who would, at best, be described as being incredibly favourable to the 47th President, are rewarded with unprecedented access to the press pool, and even the White House itself.
The undermining of institutions has not been limited to established news organisations. Universities have been branded as hotbeds of ‘wokeness’, which has led to Columbia University having US$400m of funding cancelled after the university was accused of repeated failures to protect students from antisemitic harassment.
These moves have sparked major public backlash against news outlets, which now sit at the bottom of nearly all surveys of public trust, only ranking above politicians.
The impact in Australia
The freedom of the press, and freedom of speech go hand in hand. While everyone is entitled to their own political views, it is fundamental to society and democracy that these views are informed and educated, which is what the right to free speech and the freedom of the press aims to facilitate. In such uncertain times, the roll of trusted news outlets such as the ABC only becomes more important.
Both side of politics in Australia should be careful not to give in to tidal wave of media distrust sparked by the Trump administration. Negative coverage by news outlets should not be conflated with bias or “wokeness”.
As George Orwell stated “journalism is printing something that someone does not want printed. Everything else is public relations”.
It is a reminder to us all to be vigilant about the source of the material we are reading, especially in these uncertain times, and to do our own fact checking when something seems a little off.
About the Author: This article was co-authored by Joe & Jacqui. Joe is in the final year of his Juris Doctor at the University of Western Australia. Jacqui has over 20 years’ experience in legal practice and practices in family law, mediation and estate planning. Jacqui is also a Nationally Accredited Mediator and a Notary Public.
