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Legal Question: Citizen Participation in Election Campaigns
#3

Your Honor, in response to the above brief:

According to Article III, Section 1 of the Charter, all members of the South Pacific -- not just legislators -- have the right to free speech. Under any reasonable interpretation, this must also include residents of the South Pacific, as they are clearly members of the South Pacific. It is no more a "reasonable forum moderation policy" to prohibit residents from posting questions in campaign threads just because they do not have the right to vote than it would be to prohibit them from posting newspapers in the media forum because they do not have the right to participate in the Ministry of Regional Affairs, or to prohibit them from asking questions about Assembly actions because they do not have the right to vote in the Assembly.

It doesn't matter, under the current laws of the South Pacific, whether a resident of the South Pacific is also a member of a region some of us may dislike or distrust. According to the Charter, that resident still has the right to free speech. There is recourse under the law for preventing those who would engage here in bad faith from doing so, including the prohibited groups provisions of the Criminal Code as well as the security declaration powers of the Security Powers Act. If a legislator doesn't believe current provisions of law are sufficient, they may propose amendments or new laws, but what cannot be done is ignoring the law, and stifling free speech in violation of the law, in the name of "security." There is no security risk posed by free speech in this case; having questions posed to a candidate by a resident of the South Pacific, even if antagonistic in nature, will not overthrow nor undermine the Coalition. There is a risk to the security of the Coalition and to the overall health of our democracy if free speech is illegally stifled by forum administration.

Government officials serve everyone in the South Pacific, not just legislators. Everyone in the South Pacific should be able to pose questions to government officials and everyone in the South Pacific should be able to ask questions of those who wish to be government officials. The right to question and petition government officials and candidates for government office are fundamental principles of democracy, and fundamental rights protected by the Charter as well, insofar as free speech is protected by the Charter. We must not undermine the core principles of democracy to satisfy the paranoia of a few.
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Messages In This Thread
RE: Legal Question: Citizen Participation in Election Campaigns - by Cormac - 06-08-2017, 07:43 PM
Determination of Justiciability - by Kris Kringle - 03-06-2021, 12:31 PM



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