Tom Cruise’s finest hour.

Cameron Slater will appear in court tomorrow to defend charges relating to name suppression breaches. Based on my non-legal understanding of the situation, he will defend the charges on a series of technicalities when it has been obvious even to casual observers that he knew what he was doing, that he doesn’t believe he has done the slightest thing wrong, and indeed that he is intensifying and expanding his campaign for reform of (some aspects of) the justice system.

Defending this through spurious legal chicanery seems wrong-headed to me. I disagree (vehemently) with what Slater has said and done, but I am wholly in favour of his right to hold the opinions he holds and think that if he acted on them in good conscience then those acts should be robustly defended on their merits as social critique. If they are to have any legitimacy, acts of civil disobedience (though some might call this uncivil) must not be resiled from, because backing away and making excuses to get off on a technicality robs the enterprise of its only strength: that it is a principled stance against a status quo which is wrong or unjust.

I think it should be obvious enough that there is some dissatisfaction with the state of name suppression law at present, and while the Law Society have released an excellent review, the debate has not filtered down into the general public in any meaningful way as yet. Even though I largely approve of the current state of affairs, I think it’s a debate worth having; I’m not afraid to have it, but I think it should be had in the cool light of day, unshielded by shady innuendo and legal fiction.

So, Cameron, my suggestion to you is this: if you really want to reform name suppression laws (and the wider justice system), get up on your hind legs in court, say something along the lines of “you’re goddamn right I did”, take your lumps and kick off the public debate with some credibility. Standing up for what you believe is not only a right; in civil society it’s a responsibility. If you gave action to your conscience and you do not resile from it, don’t hide behind lawyers: be proud of what you did. We can handle the truth.

L

Paul Henry led TV One’s Close Up the other evening with disbelief that GetAcross – “just a few protesters” – could bring Auckland to “a virtual standstill”, and that the police were “powerless to stop them – almost unwilling to stop them”.

Yes, that is amazing.

But he goes on:

But that’s what happened yesterday when protesters broke through barriers and walked across the Harbour Bridge, raising the spectre of just how vulnerable we are to civil disobedience.

Hang on a minute. “Vulnerable” denotes susceptibility to attack, and this construction therefore defines “civil disobedience” as an attack on society, or at least on Auckland. But civil disobedience as a form of activism, an agent of social change or a means of engaging people in the wider political process is by definition not an attack, but one of the `institutions of societal democracy’ referred to in Pablo’s recent post on the topic; a civic duty, to use Thoreau’s formulation, rather than an act of social destructiveness. That the police didn’t – or couldn’t – prevent it by force seems to me a good thing for our society, and I might add a refreshing change from former attitudes toward peaceful protest.

This wasn’t an attack which weakened society, it was an action which could strengthen it by demonstrating that when you want something, there’s no better way to get it than to make your views known. The GetAcross action didn’t result in violence, property damage, serious disorder or anything of the sort – all it did was show up a critical weak link in Auckland’s infrastructure chain. When a couple of thousand – at most – people on bikes can cause tens of thousands of people to become stuck in traffic just by crossing one bridge, once, there are more serious problems than the protest action. If by simply adding a lane two metres wide, ARTA could prevent this from ever having to happen again – then why wouldn’t they? If not, then aren’t they asking for the weak link to be tested, again and again?

L

Update: To my great delight, James at Editing The Herald has skewered Garth George’s latest set of authoritarian mutterings about this topic on the sharp spike of the the black civil rights movement. Party on, James.