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rabelais four
by Alex Burns (alex@disinfo.com) - December 03, 2000
In 1994, the federal Howard Liberal Government in Australia massively increased the university entrance fee scale, setting off an unprecedented series of national rallies from student representative organizations and unions.

Domestic censorship of the largely left-wing controlled student press began indirectly in 1994 with the targetting of student publications in state Western Australia by Liberal Party officials. Months later the state Victorian government (Liberal controlled) passed the Tertiary Education Amendments Act, preventing students from publishing student newspapers out of university entrance fee funds.

The 'Rabelais Four' fiasco occurred after a series of other events targeting Australian youth. The most notorious was the vilification of the Paxton family after they refused to accept jobs at a Queensland tourist resort in a staged-for-ratings campaign managed by 'A Current Affair' which dropped toxic anti-youth memes into the national mindscape. Occurring just before a national federal election, the Paxton affair and 'Rabelais Four' prosecution were used by spin-doctors to manufacture consent and assist the Prime Minister, John Howard, to later introduce diary-surveillance systems and a restrictive Common Youth Allowance.

In 1995 the four editors of the La Trobe University student publication 'Rabelais' (Ben Ross, Michael Brown, Melita Berndt, Valentina Srpcanska), were arrested for publishing an article titled 'The Art of Shoplifting' (vol 29., ed 6., Rabelais, 1995), which had previously appeared in four other publications without problems. La Trobe University was the most avowedly left-wing and socially conscious state university, and a long-time home-base for radical political organizations and dissenting student activists. Charged with violating censorship codes, the editors potentially faced six year jail sentences and $72 000(Australian) fines each.

The campaign occurred four months after the article's publication when the edition was discovered by the Retail Trader's Association, which immediately called for the entire edition to be pulped. Subsequently attacked by controversial radio broadcasters Neil Mitchell and John Laws, the editors became the focus of political hate campaigns which immediately led to the withdrawing of funding for all student university publications within Victoria. Leaked letters from the Department of Social Security welfare agency revealed that high-level government officials were monitoring the case and the accused. Radical political organizations fighting such issues as uranium mining, environmentalism, native Aboriginal rights, youth poverty, and trans-national corporate abuse immediately suffered by losing their inter-campus communications network.

The prosecution dragged on over four years, and became a legal 'test case' which showed that the supposed Constitutional protection of political communication freedom was not guaranteed. Under the Federal Court's Justice Peter Heerey's extremely narrow definition of freedom of speech, even the works of Mahatma Gandhi would not be protected, as they would fail to "support, foster, and protect . . representative democracy and the rule of law." Justice Heerey compounded the hypocrisy of this ruling by publishing in full the controversial article on the Federal Court web site in its March 1998 decision. The site was subsequently refused by the Classification Review Board of the Office of Film and Literature.

On 24th March 1999 the Victorian Director of Public Prosecutions suddenly withdrew police charges without giving any reasons. Many questions remain unanswered, and the legal precedent regarding political dissent censorship remains intact.

 
 
more information  
 

Australian Media Law & Policy Bibliography
Legal notes on the 'Rabelais' case from Holding Redlich, a leading Australian law firm dealing with commercial and media/communications law.

More Censorship Silliness!
Broadcaster and commentator Terry Lane critically examines the hypocrisy of the Australian Federal Court, whose judgement on the 'Rabelais' case ontaining the full text of the prohibited publication.

The Law Report: Marcus Clayton Interview
Complete text of a 30th July 1996 interview with 'Rabelais' defence lawyer Marcus Clayton, in which he discusses the role of right-wing radio broadcaster John Laws in inciting the public hysteria that prompted the lengthy prosecution, and the role of high-level public servants monitoring the case.

Speech: Adjournment
Famous parliamentary speech by 'Democrat Party' senator Natasha Stott-Despoja regarding Voluntary Student Unionism (VSU) and the 'Rabelais' prosecution case, which was widely quoted in later media coverage.

Court May Shoplift Free Speech
Article by Richard Ackland of the 'Sydney Morning Herald' newspaper which examines how right-wing media personality John Laws effectively incited the case by confronting the feeblem-minded then-Minister for Employment, Education and Training, Simon Crean, about the lack of government prosecution (persecution?) of radical subversives. Ackland's final line sums up what many media people felt about the 'Rabelais' prosecution: "It's about time the Rabelais fiasco was called off before we all become a joke."

Federal Court of Australia Decision
Now famous decision by the Australian Ferderal Court rejecting the appeal by 'Rabelais' editors, which made the full text of the censored article available online, placing it in the public domain. Lists legal case precedents and other vital information.

The Art of Shoplifting
An online copy of the complete text of the controversial 'Art of Shoplifting' article, which was published in four other publications prior to the 'Rabelais' court case. You can read it online, but you can't publish or distribute it in print!

The State of Censorship: The Rabelais Case
Stunning, detailed, easy to navigate site about the 'Rabelais' censorship case, including VERY complete archives of court documents, media coverage, and commentaries. One of the best sites for the case.

Rabelais Defence Fund
Home-page for the 'Rabelais' Defence Campaign, including a clear chronology of the court battle, links to court documents, and media releases. A wealth of information on legal precedents and the complex multi-tiered Australian court system.

Abbie Hoffman: Steal This Book!
Yippie classic by Abbie Hoffman, now available online. Often cited during the 'Rabelais' prosecution case as a precedent, and to highlight the hypocrisy of the Australian censorship bodies. Abbie Hoffman: "It's embarrassing you try to overthrow the government and you wind up on the Best Seller's List."

 
 


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