Tag: free speech

  • Emergency Meeting or Emergency Memory Loss?

    Emergency Meeting or Emergency Memory Loss?

    There is something fascinating about politics. It possesses a supernatural ability to develop amnesia exactly when memory is most needed.

    The New Patriotic Party has reportedly convened an emergency meeting following the conviction and sentencing of its Ashanti Regional Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi.

    Emergency meeting.

    Wonderful.

    But one cannot help asking: Emergency for what?

    To discuss the judgment?

    To discuss the sentence?

    Or to discuss how everyone suddenly became surprised?

    Because if this meeting is about expressing shock, then Ghana may have just discovered the eighth wonder of the world.

    The Samreboi case did not begin yesterday. It did not begin last week. It did not even begin this month. The prosecution, witnesses, legal submissions and adjournments unfolded in open court over many months before judgment was delivered.

    So, permit a few uncomfortable questions.

    Is the NPP saying it had absolutely no idea where the case was heading?

    Is the party saying it never appreciated the gravity of the allegations until the judge finished reading the verdict?

    If that is the case, then perhaps the only people paying attention were the prosecution, the defence lawyers and the journalists.

    Everyone else must have been watching football.

    Then comes another question.

    Did nobody within the political establishment ever ask how mining concessions were being managed?

    Did nobody think the regulatory institutions charged with supervising Ghana’s mineral resources should be answering difficult questions too?

    Leadership is not only about celebrating success. It is also about accounting for failure.

    When something goes wrong on this scale, accountability should travel further than one individual.

    Yet our politics has perfected a remarkable tradition.

    When there is victory, everyone wants to stand on the stage.

    When there is accountability, suddenly everyone develops selective distance.

    “This is his personal matter.”

    Interesting.

    But was his influence also personal when campaign platforms were shared?

    Was it personal when political capital was accumulated?

    Was it personal when endorsements were exchanged?

    Power, it seems, has many parents.

    Responsibility is always an orphan.

    Which brings us back to this famous emergency meeting.

    Why now?

    Why wasn’t there an emergency meeting while the trial was progressing?

    Why wasn’t there an emergency meeting when the court first heard evidence?

    Why wasn’t there an emergency meeting when judgment was scheduled?

    Why only after the sentence?

    One is tempted to conclude that this is not an emergency meeting.

    It is an emergency reaction.

    A political fire extinguisher brought in after the building has already caught fire.

    Of course, every convicted person has the constitutional right to appeal, and that right must be respected.

    That is how the rule of law works. But appeals do not erase today’s reality.

    Today’s judgment exists. Today’s conviction exists. Today’s political questions exist.

    Perhaps the greatest lesson is not about one politician.

    It is about power itself.

    Power has a dangerous habit of convincing people that consequences are for ordinary citizens.

    It whispers that influence is immunity.

    It promises that connections can substitute for accountability.

    Until one day, a courtroom quietly reminds everyone that offices are temporary, titles are temporary, motorcades are temporary, applause is temporary and political popularity is temporary.

    The law, however imperfectly applied, has a habit of eventually demanding an answer.

    This moment should prick the conscience of everyone who currently occupies public office.

    Cabinet ministers.

    Chief executives.

    Board chairpersons.

    Regulators.

    Party executives.

    Public servants.

    The question is no longer whether power can be abused.

    History has answered that repeatedly.

    The only remaining question is whether those entrusted with power will finally learn that public office is a stewardship, not a licence.

    Because when power becomes arrogance, and accountability becomes an afterthought, the courtroom eventually becomes the most important meeting room of all.

    And unlike political meetings, court sittings rarely begin with applause.

    DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of The Independent Ghana.

  • Gay rights vrs free speech: US Supreme Court discusses clash

    The United States Supreme Court has heard  arguments in the case of a graphic designer who declined to design wedding websites for same-sex couples.

    It is the most recent case to reach the Supreme Court, and it pits free speech rights against anti-discrimination laws.

    Lorie Smith of Colorado claims that her Christian faith prevents her from providing services to same-sex couples.

    However, this may be a violation of a state law that prohibits businesses from refusing service based on sexual orientation.

    Most US states have anti-discrimination legislation in place.

    Ms Smith, 38, has argued Colorado’s public accommodation law violates her First Amendment right to free speech, as the state would be forcing her to express a message she does not agree with.

    “If the government can censor and compel my speech, it can censor and compel anybody’s speech,” she told CBS News before arguments began on Monday. “We should all be free to live and work consistently with our deeply held beliefs.”

    The graphic designer and her supporters argue that ruling against her could force artists to do work that is against their faith.

    Her opponents, however, argue that a victory for Ms Smith could pave the way for businesses around the country to discriminate against customers for a variety of reasons such as religion, ethnicity or national origin.

    The conservative-leaning court must now decide whether Colorado’s enforcement of the law violates the free speech clauses of the First Amendment.

    And on Monday, its six conservative justices signalled sympathy for Ms Smith after more than two hours of arguments. The three liberal justices leaned towards the state.

    Conservative Justice Samuel Alito asked if a business offering to write vows could ever refuse to write something. “Can they be forced to write vows or speeches that espouse things they loath?” he said.

    But Justice Sonia Sotomayor, part of the court’s liberal minority, asked if ruling in favour of Ms Smith could lead to discrimination on other grounds such as race or disability. “Where’s the line?” she said.

    In 2016, Ms Smith filed a lawsuit that sought to block the state’s public accommodation law. After two lower courts sided with Colorado, the case headed to the Supreme Court.

    The case has highlighted a partisan rift in the US, with President Joe Biden’s administration and 20 largely Democratic states standing behind Colorado and arguing that a ruling in Ms Smith’s favour could have far-reaching consequences.

    Another 20 Republican-leaning states, along with various religious groups, have voiced their support for Ms Smith.

    The court has heard similar cases in the past involving a florist and a baker.

    A case in 2018 centred on a Colorado-based baker, Jack Phillips, who argued that being legally required to create a cake for a same-sex wedding violated his rights to free speech and religious freedom.

    The Supreme Court ruled narrowly in his favour, finding that Colorado failed to show tolerance for Mr Phillip’s beliefs.

    The court, however, left open the question of whether states can apply public accommodation laws more generally.