Terror attacks by Islamist groups

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Mugwump
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Post by Mugwump »

Jezza wrote:Criticism of Islam will not be tolerated.

https://www.news.com.au/entertainment/t ... 071f35c800
The trouble is not with the decision, which is arguably (only arguably) justified by the law as drafted : the problem is with the law itself. The intent was to prevent incitement to violence and gross humiliation of a racial or ethnic group, and all of us would support that. It was not drafted tightly enough so it can now be exploited to prevent free speech and debate on serious public policy issues. So go the liberties of a society that no longer understands the source of its freedoms.
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Post by David »

Jezza wrote:Criticism of Islam will not be tolerated.

https://www.news.com.au/entertainment/t ... 071f35c800
This has nothing to do with criticism of Islam.
"Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange
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Post by Pies4shaw »

Now I'm near a laptop, rather than wrestling with a mobile 'phone, here's the link to the reasons for decision:

http://www.austlii.edu.au/cgi-bin/viewd ... 8/112.html

The key bit (with the references edited out so non-lawyers may, just possibly, find it less impenetrable than it otherwise might be) is:

"5.The Tribunal has power to dismiss a complaint before a final hearing "if the complaint is frivolous, vexatious, misconceived or lacking in substance" or "if the Tribunal is satisfied that for any other reason no further action should be taken"....

6.As a general proposition, a complaint should not be summarily dismissed except in the clearest of cases .... The respondents have the onus of establishing that the proceeding should be dismissed without a hearing. Any facts which [the plaintiff/complainant, in whatever the particular case is,] asserts, must be accepted for the purpose of the summary dismissal application...

7.The words "frivolous, vexatious, misconceived or lacking in substance" have been held to refer to the "insufficiency or to the absence of merit or factual basis for the allegations made in the complaint rather than to whether the complaint is one within the provisions of the Act at all"....

8.In [a widely-quoted Victorian Supreme Court appeal decision, a judge] stated that the term "misconceived" is commonly used by lawyers to mean "a misunderstanding of legal principle" and the term "lacking in substance" to mean "an untenable proposition of law or fact". ..."

The decision made was, in short, that the case brought by the complainant was not so obviously and legally hopeless that it should be cut off at the knees without going to "trial". It wasn't that the complainant is correct, merely that it is possible that, on the facts alleged, the complaint might succeed, so that the matter should be allowed to go (in the ordinary way) to final hearing.
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thesoretoothsayer
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Post by thesoretoothsayer »

ethnic Muslims
I personally see no cultural or national bond between a blue-eyed Bosnian computer programmer and a Sudanese goat herder.
This phrase is as spurious as saying "ethnic Catholic" or "ethnic Scientologist".
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Post by Mugwump »

Two more flags before I die!
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Post by HAL »

That was a long time ago.
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Post by stui magpie »

Pies4shaw wrote:Now I'm near a laptop, rather than wrestling with a mobile 'phone, here's the link to the reasons for decision:

http://www.austlii.edu.au/cgi-bin/viewd ... 8/112.html

The key bit (with the references edited out so non-lawyers may, just possibly, find it less impenetrable than it otherwise might be) is:

"5.The Tribunal has power to dismiss a complaint before a final hearing "if the complaint is frivolous, vexatious, misconceived or lacking in substance" or "if the Tribunal is satisfied that for any other reason no further action should be taken"....

6.As a general proposition, a complaint should not be summarily dismissed except in the clearest of cases .... The respondents have the onus of establishing that the proceeding should be dismissed without a hearing. Any facts which [the plaintiff/complainant, in whatever the particular case is,] asserts, must be accepted for the purpose of the summary dismissal application...

7.The words "frivolous, vexatious, misconceived or lacking in substance" have been held to refer to the "insufficiency or to the absence of merit or factual basis for the allegations made in the complaint rather than to whether the complaint is one within the provisions of the Act at all"....

8.In [a widely-quoted Victorian Supreme Court appeal decision, a judge] stated that the term "misconceived" is commonly used by lawyers to mean "a misunderstanding of legal principle" and the term "lacking in substance" to mean "an untenable proposition of law or fact". ..."

The decision made was, in short, that the case brought by the complainant was not so obviously and legally hopeless that it should be cut off at the knees without going to "trial". It wasn't that the complainant is correct, merely that it is possible that, on the facts alleged, the complaint might succeed, so that the matter should be allowed to go (in the ordinary way) to final hearing.
In other words, because the complaint is not clearly absolute bullshit, it should be heard so that a judge can determine the case. As you said, doesn't mean the case will be successful, just that there's no grounds for throwing it out before being heard.
Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down.
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Post by Skids »

Don't count the days, make the days count.
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Post by Pies4shaw »

Belgium 5, Tunisia 2.
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Post by think positive »

Soccer score?
You cant fix stupid, turns out you cant quarantine it either!
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Post by watt price tully »

Pies4shaw wrote:Belgium 5, Tunisia 2.
:lol: Very droll.

Five two what?
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Post by Pies4shaw »

... 1, baby, 1 in 5, no one here gets out alive.... :wink:
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Post by Nick - Pie Man »

They're having a pretty quiet year so far. Muslim terrorism is so passe ..
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Post by Wokko »

Nick - Pie Man wrote:They're having a pretty quiet year so far. Muslim terrorism is so passe ..
https://thereligionofpeace.com/attacks/ ... ?Yr=Last30

That's just the last 30 days. Our media doesn't like to report Muslims killing other Muslims.
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