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Aussie Public Servant Criticises Gov't On Twitter, Gets Sacked

An anonymous reader writes "An Australian public servant who criticised the government on Twitter has been sacked even though she did not reveal her name or her job to her readers. Federal Judge Warwick Neville told her Australians had no 'unfettered implied right (or freedom) of political expression.' Unlike Americans, Australians have only limited rights to Free Speech. The new ruling makes means public servants cannot criticize the government on social media, even privately and in their own time."

37 of 151 comments (clear)

  1. Free speech and beard by smittyoneeach · · Score: 5, Insightful

    Free speech and beard
    Both must be feared
    The will of the few
    Owns what you do
    Burma Shave

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    1. Re:Free speech and beard by CanHasDIY · · Score: 3, Interesting

      Free speech and beard

      Both must be feared

      The will of the few

      Owns what you do

      Burma Shave

      That.... that is actually damn insightful.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re: Free speech and beard by NatasRevol · · Score: 2

      Both have very large sharks.

      --
      There are two types of people in the world: Those who crave closure
  2. Crikey! by Kagato · · Score: 5, Funny

    A Dingo ate my freedom!

    1. Re:Crikey! by nedlohs · · Score: 2

      Seems like exactly the type of thing that people would make jokes about.

      Why did Hitler kill himself?
      He saw his gas bill

  3. Even though she did not reveal her name or her job by Anonymous Coward · · Score: 2, Insightful

    You got Prism'd!

  4. Sacking... by mitcheli · · Score: 3, Informative

    Well, in the US, if an officer in the military criticizes the administration, they can be fired or even charged under the UCMJ. So we're not that far off from the Aussies...

    --
    Select from tblFriends where interesting >= 4;
    1. Re:Sacking... by Trepidity · · Score: 5, Interesting

      That particular example is specific to the military, though; soldiers have never been considered to have the same freedoms as civilians, even in the early years of the US.

      Civilian government employees do have some degree of free-speech protection. The main caveat is that any employer (including a private-sector employer) can fire employees for speech criticizing the employer, in some cases, and that is also true when the government is acting in its role as an employer. However the government is somewhat more limited than a private-sector employer in how it uses this power.

    2. Re:Sacking... by theripper · · Score: 2

      In the military the POTUS is your ultimate commanding officer, criticising your superior officer in public is insubordination. Things in the military are not the same as things in civilian life. This is very much different than the incindent in the linked article.

    3. Re:Sacking... by jaseuk · · Score: 3, Insightful

      How can you have a working relationship with your employer, when in your free time you are actively working against them. You can't. Sacking is the right thing to do. As she works in the communications department and seems to be from a legal background she should have known what she was getting in for, there are no excuses.

      She has freedom of speech, they have freedom to sack incompatible employees. Case closed.

      Jason.

    4. Re:Sacking... by gnasher719 · · Score: 4, Insightful

      How can you have a working relationship with your employer, when in your free time you are actively working against them. You can't. Sacking is the right thing to do. As she works in the communications department and seems to be from a legal background she should have known what she was getting in for, there are no excuses.

      Criticising your employer doesn't mean you are working against them. If your company does something that is wrong, then stopping them from doing what's wrong is actually good for them. Obviously your boss might not see it that way.

    5. Re:Sacking... by jaseuk · · Score: 4, Insightful

      Well in Government that's what whistleblowing procedures are for. You do not blog about it and expect to keep your job.

      The best analogy is insider trading. When you are supposed to be supporting elected politicians, you need to keep some neutrality. If you have different political views you could undermine the government / elected officials through what you pick up behind closed doors and then expose. This isn't fair to the elected official and trust is breached.

      Jason.

    6. Re:Sacking... by ToadProphet · · Score: 4, Insightful

      If you have different political views you could undermine the government / elected officials through what you pick up behind closed doors and then expose.

      You can't possibly expect a civil servants political views to always align with those of the government unless you assume they change them every time a different political party comes into power. Would you overturn the civil service every time an election is held?
      And unless you civil service is composed entirely of apolitical workers, you can't expect them all to be 'neutral' outside of the office.

      --
      It's on America's tortured brow, That Mickey Mouse has grown up a cow
    7. Re:Sacking... by Type44Q · · Score: 2

      How can you have a working relationship with your employer, when in your free time you are actively working against them.

      Companies represent private interests; governments [are supposed to] represent public interests. You, sir, are an idiot.

    8. Re:Sacking... by shentino · · Score: 2

      If what you're exposing is illegal then it shouldn't matter. Once an elected official decides to break the law, he is no longer entitled to be acting on behalf of the government. There's a doctrine called "ultra vires" which covers this sort of thing, and it can also apply to corporations who act outside the boundaries of their charter.

      There's also something called the "stripping doctrine" which effectively rips the veil of government off of an official who goes outside the bounds of the law.

      Wikipedia has more information but that's the gist of it.

    9. Re:Sacking... by Entropius · · Score: 4, Interesting

      OT: There is an advertisement up in the subway station under the Pentagon by some group called the Oath Keepers that says: "Snowden honored his oath. Honor yours; expose unconstitutional actions."

    10. Re:Sacking... by jaseuk · · Score: 4, Insightful

      You've actually just described much better than I could the reasons why you have to be politically neutral. Civil Servants remain when the individual elected members change, therefore you must effectively close your trap and not get involved in politics, except where you are permitted such as the polling booth.

      You are kind of also overlooking the point that civil servants have a unique opportunity to advise and guide the politicians. Sure it might not be appropriate for you to speak out on twitter, but you would certainly be able to use your position to influence.

      Just think of the power a civil servant would have if you could influence in the office, vote in the polling booth, as well as undermine in public using information that is not in the public domain. That's far too much power.

      Jason.

    11. Re:Sacking... by jaseuk · · Score: 2

      This isn't about illegal matters. There will be many near misses and hidden details, things that only your support staff and civil servants will know. Details that are on a need to know basis. An insider can know enough to discredit a politician with carefully worded questions that force them to expose some of these near misses or hidden details. An insider working for or against you, can make or break you politically.

      Jason

  5. Where was this ruling made? by korbulon · · Score: 4, Funny

    In some kangaroo court?

  6. A boy named Sue by Rob+the+Bold · · Score: 2

    The case is linked to one of the government's most prolific official tweeters, Immigration Department spokesman Sandi Logan, who heads the communications team in which Ms Banerji worked.

    There is a danger when you work for a boss who's angry at the world because his parents gave him a girl's name.

    --
    I am not a crackpot.
  7. Re:there goes that by captainpanic · · Score: 4, Insightful

    Well, good luck finding any new employees to work for the government ever then. After hearing this, nobody will bother to apply.

    One can only hope this is the case. Unfortunately, I think that also in Australia, there are thousands of people who will either argue that "they have to somehow pay their bills", or that "they have nothing to hide", or any other stupid argument. And otherwise, the govt. can always promise to pay 5000 $ more per year than in similar jobs elsewhere, which is no doubt enough to shut up a whole lot of people.

  8. Re:Americans have limited Free Speech by Hatta · · Score: 5, Insightful

    Also, gag orders. Just last week someone shut down their encrypted email service and was not able to talk about what happened for legal reasons. That's a blatant violation of his first amendment rights.

    --
    Give me Classic Slashdot or give me death!
  9. Slashdot counts too by schneidafunk · · Score: 3, Interesting

    I would just like to point out that an Aussie public servant critical of this ruling would not be able to post on slashdot without risk of being fired.

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
  10. We should be doing this by Anonymous Coward · · Score: 2, Funny

    in the USA. It's not right for citizens to criticize elected politicians. Nothing brings greater shame to your family name than saying unkind things about your leaders.

    Why are politicians in America criticized for what they do? I'll tell you why! The people that are elected are inherently more intelligent than the common folk that they lord over, and the little people are simply incapable of understanding the complexities and nuances of proper politics. The stupid plebs need us to make rules and laws for them because without our guidance, they would destroy themselves. They are simple beasts that lack the intellectual capacity to function the way we do, so we herd them around and tell them what to eat, drink, think, and do. Also, we like to maintain the status quo. It wouldn't be right to treat them as though they were human.

    The great myth of the last couple centuries that we liked to spread was that blacks and other minorities were inferior. The truth is that we think ALL of you are inferior, and you guys are just easier to control when you are fighting amongst each other. And have you noticed our nearly nonexistent attempts to prevent you from engaging in your vices? We like it when you do things that are blackmail-worthy.

    Hail Stanley, full of grace.
    Our Lord is with thee.
    Blessed art thou among women,
    and blessed is the fruit of thy womb,
    Barack.
    Holy Stanley, Mother of Obama,
    pray for us sinners,
    now and at the hour of our death.
    Amen.

  11. Re:there goes that by CanHasDIY · · Score: 4, Insightful

    Well, good luck finding any new employees to work for the government ever then. After hearing this, nobody will bother to apply.

    You might be surprised at how many people would be willing to have their mouths sewn shut, in exchange for money and power.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  12. Re:Have all the Anglo countries gone insane? by invid · · Score: 4, Insightful

    I'd rather live in a country where you actually hear about the abuses instead of those countries where the abuses are hidden. The fact that we actually know about the abuses in Anglo countries gives me hope.

    --
    The Moore-Murphy Law: The number of things that will go wrong will double every 2 years.
  13. We'll see by KeensMustard · · Score: 4, Insightful
    I think what you meant to say is that like Americans, Australians have only limited rights to Free Speech. The problem here is not to do with "free speech" but with the fact that public servants must be apolitical in the exercise of their duties. The troubling (very troubling) element of this is that she has been sacked for something that she said outside of the exercise of her duties, and outside the context in which she could have been seen as representing the Department of Immigration. The duty of a public servant to be apolitical does not extend to personal politics and private conversations outside of work and never has.

    We'll see if this actually stands up in the High Court.

    In practice, this is unworkable - how can someone be sacked for holding a political view that does not impact the exercise of their duties? that screams discrimination, it screams an unworkable scenario for the exercise of government. It stinks - and the governments policy on refugees stinks as well, it's cruel and inhumane and repugnant to right minded people, it's unaustralian, it brings shame to this country, and it's architects ought to be ashamed..

    Now fire me if you dare.

    1. Re:We'll see by jezwel · · Score: 2

      In practice, this is unworkable - how can someone be sacked for holding a political view that does not impact the exercise of their duties? that screams discrimination, it screams an unworkable scenario for the exercise of government. It stinks .

      It's very disappointing, and if I wasn't an Australian public servant I might have an opinion about this story and your comment.
      Carry on.

  14. Workaround by gwstuff · · Score: 2

    Sarcasm. Just turn the negatives into positives and say everything with a smug expression.

  15. Military and politics don't mix. by SuperBanana · · Score: 4, Insightful

    Are you seriously comparing a civil employee to a military officer?

    If you're an officer, you're not criticizing "the administration", you're criticizing your commanders. Most people in the military understand why they shouldn't even consider getting involved in politics...if you need to understand why military shouldn't be involved in politics, I cannot help you. A history book can, however.

  16. This isn't funny by Anonymous Coward · · Score: 2, Insightful

    'Judge Neville found Australians had no ''unfettered implied right (or freedom) of political expression''.'

    Well they certainly don't now that he's made his 'judgment'.

    Who decided that 'Australians had no "unfettered implied right (or freedom) of political expression'? Certainly not the Australian people.

    "The denial of free speech is the first act of tyranny."

  17. Nobody will believe you... by Dareth · · Score: 2

    Nobody will believe you... until the find the bones of freedom in a dingo's lair years later.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
  18. Re:Americans have limited Free Speech by dryeo · · Score: 2

    Not to mention a certain person who has been forced to seek asylum in Russia for practicing free speech. I'm not aware of any exceptions in the American Bill of Rights for national secrets.
    Of course there can be conflicts in rights, eg the Canadian Supreme Court has ruled that in some cases an individuals right to fundamental justice can, for a while such as the length of a court case, override the groups right to speech as having an impartial jury is important to having a fair trial.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  19. Re:Americans have limited Free Speech by Hatta · · Score: 4, Insightful

    Of course there can be conflicts in rights, eg the Canadian Supreme Court has ruled that in some cases an individuals right to fundamental justice can, for a while such as the length of a court case, override the groups right to speech as having an impartial jury is important to having a fair trial.

    Courts mistake an informed jury for a partial jury. By allowing courts to manage the information a jury hears, they in fact create partial juries. The correct solution to a jury that is swayed by speech is more speech that counters the first speech. Whoever runs out of valid arguments first is the loser.

    Can you imagine if we held scientists, who are also supposed to be impartial judges of evidence, to the standards of a jury? Instead of submitting papers for peer review by experts, we'd be submitting them to people who are prohibited from knowing anything about the field.

    --
    Give me Classic Slashdot or give me death!
  20. Re:Americans have limited Free Speech by cusco · · Score: 2

    Never been in jail, have you? If you're really, really lucky you might get placed with the holier-than-thou trust fund kid who spends his time getting arrested "for the cause" (whatever it may be). A lot more likely, especially since a lot of cops are ex-military who believe all the official propaganda, is having to spend a whole lot of time getting familiar with the sort of sadistic dirtbag that most decent people don't believe actually exist. There are a lot of worse things than being unemployed, even if you're living under a bridge, and prison is one of them.

    --
    "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
  21. Re:Have all the Anglo countries gone insane? by cusco · · Score: 2

    More and more, the reason that we're hearing about the abuses is because someone was willing to go to jail to expose them. Video a cop beating the crap out of someone? Publicize it and you'll go to jail for interfering with an officer, or invasion of privacy, or some such. Expose massive abuses of the Geneva Conventions by the military? Join Bradley Manning in solitary confinement. Expose illegal wiretapping? Hope you have a ticket to Russia. Publish information showing that politicians are interfering with CIA operations trying to stop smuggling of nuclear material? Go to jail if you're not willing to give up your source.

    --
    "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
  22. Re:Americans have limited Free Speech by Anonymous Coward · · Score: 2, Interesting

    Under the Inquisitorial system of justice used in Europe and Asia the judge (including lay judges) hear all the evidence.

    Under the Anglo system lawyers get the judge to hide evidence from the jury because they are too stupid to understand it. Like prior convictions.

    The Anglo system is the problem.

    http://www.amazon.com/Corrupt-Legal-System-Evan-Whitton/dp/1921681071
    "The lawyer-run adversary system used in Britain and its former colonies, including the US, India, Canada, New Zealand, and Australia does not try to find the truth. It is the only system which conceals evidence. 'Our Corrupt Legal System' explains why trial lawyers, famously economical with the truth, control evidence; civil hearings take weeks, months or years; in serious criminal cases, 24 anti-truth devices allow more than 50% of guilty accused to escape justice. By contrast, in the investigative system used in Europe and other countries, including Japan, trained judges control evidence and seek the truth; civil hearings take a few hours; 95% of guilty accused are convicted. It is the most widespread, accurate and cost-effective system. Russell Fox, an Australian judge who researched the law for 11 years, concluded: 'The public estimation must be correct, that justice marches with the truth.' The vast majority of voters will support change to a truthseeking system: trial lawyers are fewer than 0.2% of the population; the public are 99.8%. 'A masterpiece.' - Phillip Knightley, twice British Journalist of the Year."
    http://netk.net.au/Whitton/OCLS.pdf free download