Should Voting be Compulsory in the US?

 

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Taft, Texas. Photo by Jay Phagan

Emma Danks-Lambert

The Universal Declaration of Human Rights states in Article 21: “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

The United States has the lowest voter turnout records for a democratic society in the Western World and typically, those who aren’t able to vote are from lower socio-economic areas and minority groups whom struggle to reach polling stations due to distance, Republican tactics of voter disinformation, deliberate attempts to purge voters, refusal of registration for certain voters and long waiting times that can discourage people from attending.

Tomorrow (Tuesday, November 8th) the United States will have an election that could either vote in a Democrat or the Chancellor turned Sith Lord who turns the Galactic Federation into the Empire with extreme responses to acts of rebellion, shoddy weaponry systems and attempts to wipe out a religion because it’s considered a threat to the Sith’s rule.

Setting aside the sheer foolishness of having polls open on a working week day without a sausage sizzle in sight-an act that would surely lead to street riots in Australia- the latest poll on Real Clear Politics showed only one point difference between four years of continuity in the United States and the last four years the United States might ever have.

However, in 2012, voter turnout was only 57.5% and when the approval rating of both candidates is at historic lows, it is unlikely that this election will see a dramatic increase in that number; this means that the countries future is in the hands of the minor few instead of the majority.

Yet, in 2008, a study revealed that the previous elections of 2000 and 2004 could have swung to the Democrats if there had been universal turnout as encouraged by compulsory voting.

So why doesn’t America have compulsory voting?

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A view of the Australia Parliament on the 2016 election day. It is a famously tasty day in one of the only countries to have compulsory voting. Photo by Democracysausage

Compulsory voting is only enforced in twenty-two countries across the world (and one Swiss canton) and in those countries the fines for not voting are typically so low as to be considered symbolic more than a diversionary tactic. One of the more common arguments against compulsory voting in America is the first amendment of the Constitution which allows for freedom of religious practise, which for over one million Americans who are Jehovah’s Witnesses, means the right not to participate in political happenings. More famously, it allows for freedom of speech, for which it is claimed that compulsory voting is compelled speech and thus a violation of that right. In this case America’s liberty might be its downfall.

Click here for more by Emma Danks-Lambert.

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Who Polices the Internet? Content Removal v. Freedom of Speech

 

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Napalm Girl, an iconic image of the Vietnam war

Julia Mason

Can we continue relying on internet hosts to be solely responsible for taking down offensive content or hate speech?

Last week’s headlines traced the scuffle between Norway and Mark Zuckerberg when one of Norway’s largest newspapers, Aftenposten, criticised Facebook for removing their photos of the ‘napalm girl’ on account of child nudity. The photo of the ‘napalm girl’ or Phan Thị Kim Phúc, from Vietnam and now a Canadian citizen, was taken  on 7th June1972 during the Vietnam War. It shows her as a nine year-old-child, running away from a South Vietnamese napalm attack which left her severely burned. Taken by Nick Ut of the Associated Press, the image is world famous for its depiction of the violence of the Vietnam conflict. Zuckerberg later reneged on his decision to remove the photo and acknowledged the iconic status of the historical image. Whilst this incident might primarily raise alarm bells about the power that Facebook wields over our modern lives, it is also symptomatic of the arbitrariness of online content monitoring.

Alongside its status as one of the most democratic exercises in information sharing, the internet is home to an increasing body of offensive content and unchecked manifestations of hate speech. Whilst some self-censuring is taking place, (for example in the form of ‘NSFW’ indications and ‘content notes’), such warnings are essentially used in a humorous manner. If there’s to be a concerted effort to tackle hate speech and offensive material which transcends the old adage of turning a blind eye, how is this to be achieved?

Should governments and the international community have a role to play?

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The European Court of Human Rights

Simply put, the answer from the European Convention on Human Rights is a resounding no. Article 10 ECHR guarantees freedom of expression for all and goes on to say that:

 ‘This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.’

This freedom is extended to internet users and the Secretary General of the Council of Europe has confirmed that ‘the state [must] not exercise surveillance over Internet users’ communications and activity on the internet except when this is strictly in compliance with Articles 8 and 10 of the Convention.’ The Court’s case law confirms a support for freedom of expression, even if the article does allow some margin of appreciation for states to take restrictive measures, as was the case in Delfi v. Estonia [2015], where the court held that there had not been a violation of Article 10.

Similarly, Article 11 of the EU’s Charter of Fundamental Rights provides that ‘Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers’.

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This is inherently a good thing. Of course there are some countries in Europe where the systematic blocking of whole websites has severely reduced freedom of expression and access to internet material to an unacceptable level. Consider the recent ECHR case, Cengiz and others v. Turkey, where the court unanimously held that there had been a violation of article 10 due to the blocking of access to Google over a long period(Ahmet Yıldırım v. Turkey [2012]). And yet, the question we must ask ourselves is, if governments aren’t checking online content, then who is?

Net neutrality: a commercial myth?

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One of the many images associated with the campaign for net neutrality, but is there more to it than open internet?

The hands-off approach taken to internet monitoring by national governments (as advised by the Council of Europe and EU) results in a two-fold problem:

  1. this leaves internet providers and website hosts – i.e. private companies in charge of monitoring content;
  2. these companies are sensitive to legal threats, as well as their reputation among their users and end up haphazardly take down content without serious reflection.

In the case of the former, the crux is this: when we leave it to web hosts to decide what is suitable content and what isn’t, we are allowing organisations with their own commercial, social and political agendas to act as the moral arbiters for all society. Is this democratic?

And in the case of the latter, this is exactly what happened with Facebook napalm incident. Is this double burden of total freedom and total responsibility not actually counter-productive to freedom of expression online? As the 2016 Annual report on state of human rights, democracy and rule of law in Europe concludes:

‘the fact that internet intermediaries fear being held liable for the content they transmit may have a chilling effect on the freedom of expression online.’

If we’re serious about blocking hate speech and inappropriate content, we need more explicit guidelines from governments and IOs. As it stands, we hail our freedom from government censorship but are trapped in an online game where private web hosts write their own rulebooks.

Click here for more by Julia Mason.

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