Nothing marks a conversational dead end faster than one party boldly stating that they have a right to their own opinion. Translated for the crowd this usually means: 'I disagree with you and I don't want to talk about it anymore!'
This particular invocation of 'rights' blew up on Australian TVs recently when the prominent media presenter David Koch made comments about breast-feeding. Kochie was commenting on a news story detailing how a Queensland woman was asked to cover up while breast-feeding at a public pool. His comments included the advice that breast-feeding women should be "discrete" and "classy" while lactating in public. These comments promoted a response from breast-feeding mothers that ranged from measured to vitriolic and culminated in a rally outside Kochie's breakfast program. In a final sally against his critics Kochie invoked his implied 'rights' (SMH - Kochie editorial),attempting to end the discussion.
What is this 'right' though? The sentence itself is worth a quick look because quite frankly it is ludicrous and redundant. Having opinions is intrinsic to our thoughtful, individual, messed up humanity. Within the privacy of our own thoughts we cannot help but form opinions, so asserting a right is nonsensical unless you fear brainwashing. When someone feels the need to assert this as a 'right' they are really indicating that they don't intend to engage you any further, lest their opinion shifts; becomes a little less theirs, maybe more your own.
I think this whole notion of being free to express one's opinion gets a little tangled up in the much vaunted First Amendment to the American Constitution. That's the one guaranteeing, to paraphrase, 'free speech'. Seems like everyone knows of this and feels that it applies to them too; shout your opinion loud and proud people. While I agree with the principle of freedom of expression it's worth noting that it doesn't quite work that way in Australia. We have no equivalent to America's first amendment enshrined in Australian law. The Department of Immigration and Citizenship describes 'Freedom of Speech' as one of Australia's five fundamental freedoms (Aus Dept Immigration), but it's not quite that clear cut. What we have is a common law protection of freedom of political expression, which I gather means you are free to critique the government of the day without persecution. However our general right to free expression is tempered by qualifications against the incitement of hatred, violence or discrimination.
I don't think Kochie's comments come anywhere near inciting hatred, violence or discrimination but nor does this mean he just gets to claim he has a right to comment unfettered. As a public commentator and media personality Kochie must acknowledge his role in creating an filtering public opinion. His website notes a poll describing him as one of the top fifty most respected people in Australia. People listen to him and through them Kochie can direct the public narrative and understanding of an issue. Breast feeding mothers everywhere rightly feared that Kochie's comments could result in their being shamed and ridiculed for the very natural act of feeding their child.
In this light, the backlash against his breast-feeding comments does not amount to an attempt to censor Kochie's implied right to express himself, rather it is the exercise of that same right being used to dissent against his opinions. When Kochie derides his critics as "the noisy social media brigade" he demeans private individuals attempting to meet him on common ground. He fails to afford them the platform he already enjoys.
Implicit in a right of free expression (qualified or otherwise) is another's right to oppose your opinion. We generally just call this a public debate and encourage it as a healthy part of our society. By bluntly declaring "I have an opinion... always have, always will", Kochie came dangerously close to an attempt to suppress this. Fortunately he seems like a decent bloke and for those who read to the end of his response, he attempts redemption by acknowledging the role of public debate. In what some commentators claimed as backtracking, Kochie described the protest against his comments as "terrific" and encouraged open discussion with the protest leader Amy Ahearn.
Crisis averted, and the whole event threatens to disappear in the relentless turning of the news cycle. Perhaps some good may come of engaging people in thinking about the roles and rights of new mothers and the trials they face in daily life. But I would warm however against allowing the dreadful false adage of 'a right to my opinion' to creep back into your public or private life. Debate and discussion form an important part of our intellectual lives; you don't have to change your mind, but it's worth considering why your partner disagrees...
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Throughout my blogging I've considered issues of free speech and the way the rights of expression intersects with our daily lives. Check out a discussion of the voices you're not hearing online @ Rightzblock - The Right to Free Speech? or my discussion of the role of civil disobedience, the ultimate expression of opinion @ Rightzblock - You Can't Do That!
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