The Forum > Article Comments > The impossibility of atheism > Comments
The impossibility of atheism : Comments
By Peter Sellick, published 29/1/2009The God that atheists do not believe in is not the God that Christians worship, but rather an idol of our own making or unmaking.
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Thanks for your response to my question. It seems you know a lot about the issue. So much that I’d guess that you’re either a lawyer or an ALP spokesperson.
I would agree with you that absolute free speech needs to be tempered by law. And you’ve said enough to convince me that in drafting these vilification laws, the ALP was just being trendy rather than employing a cynical vote catcher. Yet I still question the law’s implementation and effectiveness.
The one case regarding these laws that I followed rather closely involved Daniel Scott, who was convicted of vilifying Muslims, essentially for quoting from the Koran. As opposed to what another lawyer said above in this thread, the law deemed that speaking truth (in that Scott accurately quoted from the Koran) was not allowed as a defense.
The conviction was wrong in that the decision was overturned on appeal. In this it could be argued that it was not the law that was at fault, only the judgement. After many hundreds of thousands of dollars in legal fees suffered by both sides (lawyers being the big winner here), the appeal judge ordered the parties to further conciliation. So laws that were intended to promote tolerance within the community only created the opposite, inspiring rivalry and tension.
Perhaps we’ll put this down this down to teething problems for a wonderful new law. Yet I understand (perhaps you could help me here) that no one has yet been convicted under these laws. One reason for this, I still contend, is the subjectivity attached to the consideration in the laws for what is ‘reasonable and in good faith’. After all, how long is a piece of string?
That this law creates confusion rather than tolerance or understanding is on display above, where many have wasted their breath arguing over whether as statement such as “Christianity is a lie” is legally vilifying, a non-discussion before these laws were enacted.
Vigorous discussion is great. These vilification laws are only helpful to lawyers’ pockets. We were doing fine without them.