Judge rules the "n-word" not [legally] offensive - Australia

[Mark Latimour]

Originally Posted by news.com.au

Judge rules the n-word not offensive

A QUEENSLAND judge has found the terms "[n-word]" and "sand[n-word]" are not offensive to a reasonable person.

Magistrate Michael O'Driscoll made the ruling yesterday when he dismissed a case against a Gold Coast retiree charged with sending an offensive facsimile to a local politician, the Gold Coast Bulletin reported .

Denis Mulheron, 62, sent the fax to the office of Queensland lawmaker Peta-Kaye Croft on June 30 last year.

It called on the Labor Party to tighten immigration laws against "[n-word]" and "sand[n-word] terrorists", and Muslim women with circumcised genitals.

Staff member Christie Turner, 28, told Southport Magistrates Court she was deeply offended when she read the one-page document, which also made reference to indigenous Australians as "Abos".

Mr Mulheron, from the Gold Coast suburb of Labrador, told the court he had grown up with the slang terms for Arabs and black Africans and did not believe they were offensive.

"I'm not a member of the cafe, chardonnay and socialist set ... to me that is everyday language," he said.

He argued in court they were no different to calling a New Zealander a "Kiwi" or an American a "Yank".

Mr O'Driscoll ruled that Mr Mulheron's words were not enough to invoke criminal sanctions.

"The words used were crude, unattractive and direct but were not offensive to a reasonable person," he said.

But he made it clear the court in no way condoned Mr Mulheron's comments.

Queensland Premier Anna Bligh said the use of the term "[n-word]" is highly offensive and has no place in modern Australia.

The case comes after a judge in the Queensland city of Townsville ruled last Thursday that it was acceptable for people to tell police officers to "[eff] off".

Townsville judge Peter Smid threw out a case against Bardon Kaitira, 28, who swore at a female officer outside a nightclub on December 20 last year in the early hours of the morning.

Judge Smid said: "The defendant spoke normally, he had his hands in his pockets and walked away. It's not the most polite way of speaking but those who walk the beat would be quiet immune to the words."

I haven't linked to the source article since it prints the "word" in full without editing which is not permitted on TB. If you doubt its veracity you can google the article to find it. I have also edited the quote above to remove references that wouldn't be permitted here on TB.

The case revoled around a charge for sending an "offensive fax". Personally, I'd be interested to know what the fax would have had to have said in order to be offensive.

[JAUQO III-X]

Do you think the word is offensive?

[Mark Latimour]

Originally Posted by JAUQO III-X

Do you think the word is offensive?

I think people can be offended by it. I am not sure that any word is absolutely offensive as it depends on context. I can certainly think of non-offensive ways to use any word, including that word.

Although the actual decision is not reported (in the legal sense) I think I can see why the decision was made, even if it seems wrong on its face.

[Dr. Cheese]

I'm not surprised. The words weren't aimed at him , so he doesn't care. There are also probably not enough people of color to make a stink about that sort of language so there is no pressure on the judge to be considerate of the feelings of people from the offended communities.

Remind me not to spend money down there on a vacation or conference.

[electracoyote]

Well, we have a segment of American society that still uses it with regularity, so a lot of us are confused as to whether it's "offensive" or what.

[sloasdaylight]

Originally Posted by electracoyote

Well, we have a segment of American society that still uses it with regularity, so a lot of us are confused as to whether it's "offensive" or what.

This is what I was thinking.

[Mark Latimour]

Originally Posted by Dr. Cheese

I'm not surprised. The words weren't aimed at him , so he doesn't care. There are also probably not enough people of color to make a stink about that sort of language so there is no pressure on the judge to be considerate of the feelings of people from the offended communities.

Remind me not to spend money down there on a vacation or conference.

Do you think the word is so offensive that it should carry criminal sanctions for its use?

[i_got_a_mohawk]

Originally Posted by Mark Latimour

I am not sure that any word is absolutely offensive as it depends on context.

Have to agree with that one.

Originally Posted by Dr. Cheese

I'm not surprised. The words weren't aimed at him , so he doesn't care. There are also probably not enough people of color to make a stink about that sort of language so there is no pressure on the judge to be considerate of the feelings of people from the offended communities.

Remind me not to spend money down there on a vacation or conference.

Remember that this isn't happening in the US. Different countries, different cultures. Heck, I remember being amazed when I found out that a word that had always been a racial slur here while I was growing up, wasn't in the US.

I will also say that I don't think this decision will be a be all and end all. I think it'll probably end up back in the courts sooner rather than later.

[brickerenator]

Originally Posted by Mark Latimour

Do you think the word is so offensive that it should carry criminal sanctions for its use?

No.

If they can ban a word, what can't they ban?

Let's hypothesize for a bit. What if mind scanning technology grows by leaps and bounds (as it probably will) to the point where different emotions can be easily read.

Are you going to prosecute me for having racist thoughts?

[Jim Nazium]

Context matters; that word may be less "charged" in Austraila than it is in the USA.

Even here, attitudes change over time. I remember watching the movie "Blazing Saddles" on broadcast TV when I was a kid, and the n-word (which is used in every third sentence in that film) was not censored. If it's on TV now they will censor that word.

Still, it seems clear that the letter writer's intention was to denigrate a group of people based on their race. He meant it to be offensive.

[JAUQO III-X]

Originally Posted by electracoyote

Well, we have a segment of American society that still uses it with regularity, so a lot of us are confused as to whether it's "offensive" or what.

The way it is used and who is using it is not confusing at all.

Most people especially none whites know who uses it and who accepts it and the context that the word is accepted in.


I have heard whites use it in certain settings with African Americans present and it wasen't offensive at all, to the African Americans because of the sub culture acceptance of the whites using it. And the role the word plays in that sub culture.

[i_got_a_mohawk]

Originally Posted by JAUQO III-X

The way it is used and who is using it is not confusing at all.

Most people especially none whites know who uses it and who accepts it and the context that the word is accepted in.


I have heard whites use it in certain settings with African Americans present and it wasen't offensive at all, to the African Americans because of the sub culture acceptance of the whites using it. And the role the word plays in that sub culture.

Which comes back to the point which was being made that it is all about context, no?

[Bruce Lindfield]

Originally Posted by electracoyote

Well, we have a segment of American society that still uses it with regularity, so a lot of us are confused as to whether it's "offensive" or what.

And a lot of music recordings - even in the chorus of the song!

But these are inevitably labelled with "lyrics" stickers on CDs...

[JAUQO III-X]

Originally Posted by i_got_a_mohawk

Which comes back to the point which was being made that it is all about context, no?

Yes context and who is using it and how it's being used.

For the record every black person does not accept being called the N word by another black person simply because they both are black.

[blendermassacre]

Originally Posted by JAUQO III-X

The way it is used and who is using it is not confusing at all.

Most people especially none whites know who uses it and who accepts it and the context that the word is accepted in.


I have heard whites use it in certain settings with African Americans present and it wasen't offensive at all, to the African Americans because of the sub culture acceptance of the whites using it. And the role the word plays in that sub culture.

If you can't see how it could be confusing, especially after reading this post, then I guess I'l just leave this thread alone.

[billhilly66]

Originally Posted by JAUQO III-X

The way it is used and who is using it is not confusing at all.

Most people especially none whites know who uses it and who accepts it and the context that the word is accepted in.


I have heard whites use it in certain settings with African Americans present and it wasen't offensive at all, to the African Americans because of the sub culture acceptance of the whites using it. And the role the word plays in that sub culture.

What you just described is confusing to me.

[hover]

oh cool. another race thread / pissing contest. Out.

[JAUQO III-X]

Originally Posted by blendermassacre

If you can't see how it could be confusing, especially after reading this post, then I guess I'l just leave this thread alone.

You don't get it.

Are you black?

And no I'm not being sarcastic.

Originally Posted by billhilly66

What you just described is confusing to me.

If you know any white people who use the N word in the presence of blacks and they are not offended, ask them how is it possible and you will no longer be confused.

Originally Posted by hover

oh cool. another race thread / pissing contest. Out.

It's not a pissing contest at all.


Some people really do not understand the many uses of the N word and how it is accepted and not accepted.

So far this thread is going along in a mature manner.

[Dr. Cheese]

Originally Posted by Mark Latimour

Do you think the word is so offensive that it should carry criminal sanctions for its use?

If the law in Australia allows criminal sanctions for the use of words, then why not add it to the list? Mark, what are the words that could get someone prosecuted in Australia? Depending on what they are, then maybe I can get some logic out of the judge's ruling.

[macaroni tony]

Originally Posted by JAUQO III-X

For the record every black person does not accept being called the N word by another black person simply because they both are black.

+1 man I hate that word