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Gag law an assault on our freedoms

Author: Scott Hennig 2008/05/15
Alberta Premier, Ed Stelmach, recently announced his government's intention to, at worst, completely ban or, at minimum, limit citizens' advertising during provincial election campaigns. This type of gag-law should violate the sensibilities of every Albertan who values their right to freedom of expression.

As it stands right now, Albertans are free to express their opinions, support or oppose candidates, or raise public policy issues during provincial elections through paid media advertising. However, if a gag-law is put in place, only those few hundred Albertans who put their name on the ballot will be allowed to express themselves fully during an election.

What is unclear is why the provincial government feels the need to introduce such a draconian law. The only reason seems to be the hurt feelings of Premier Stelmach after a coalition of unions calling themselves, "Albertans for Change" ran negative TV and radio ads during the last election.

Others, including newspaper columnist, Don Braid, have suggested further reasons to support the gag-law, such as: "special interest groups could decide to thump their tubs on everything from the environment to abortion- Third-party ads blur the messages parties are trying to get across. They can confuse issues so completely that the voters believe complete lies about parties and politicians."

The argument, in essence, is that gag laws are good because public discourse on issues like the environment or abortion have no place in Alberta during elections, and voters are too stupid to think for themselves.

If anything, Albertans don't debate public policy issues enough. Just because our politicians have decided not to talk about certain issues, doesn't mean that citizens shouldn't be allowed to either. A healthy debate on public policy welcomes all voices and all opinions, not just those of the politicians'.

Furthermore, the suggestion that third-party ads can automatically turn otherwise intelligent people into confused mush-heads who will believe anything they hear, is simply not based in reality.

This last election proved that point. Many found the "Albertans for Change" ads distasteful, secretive and harsh. That is precisely why, as Premier Stelmach said, "the strategy backfired."

Even if Albertans felt the ads were distasteful, "Albertans for Change," and all citizens should have every right to run them.

As the French philosopher, Voltaire, once wrote: "I detest what you write, but I would give my life to make it possible for you to continue to write."

In fact, thousands of Canadians have given their lives to ensure we have the fundamental freedom of speech. This freedom is so important to Canadians that it is guaranteed by our Charter. Section 2(b) of the Canadian Charter of Rights and Freedoms guarantees: "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication."

Of course, the government will argue that these freedoms are subject to "reasonable limits," and this gag-law is reasonable.

Historically, these limits have stopped people from inciting imminent lawless action, defaming others or causing false panic.

The running of radio or TV ads criticizing our political leaders or raising public policy issues during an election is not even near the same ballpark as falsely screaming "FIRE!" in a crowded theatre.

The bottom line is that this gag-law will affect all Albertans, not just the big unions who ran attack ads this past election. All citizens and citizen groups will be gagged by this law during an election.

Our rights and freedoms are too precious to let our politicians take them away for their own petty purposes. Once they're gone, they're nearly impossible to get back.

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