Albert Langer
Encyclopedia
Albert Langer is an Australia
n political activist, best known for his 1996 conviction and gaoling on contempt
charges after breaching an injunction forbidding his advocacy of marking electoral ballot paper
s in a way discouraged by the Australian Electoral Commission
. As a result of his imprisonment Amnesty International
declared him the first Australian prisoner of conscience
for over 20 years.
Jewish family, Langer was educated at Monash University
, where he became a prominent student activist during the Vietnam War
years. He gained fame by defending himself in court against charges arising from an anti-Vietnam war demonstration, and being acquitted. He was a leader of the Maoist
faction at the university and a supporter of the Communist Party of Australia (Marxist-Leninist)
. He broke with this party after the death of Mao Zedong
, but remained a defender of the Pol Pot
regime in Cambodia
.. In the 1970s and 1980s he was extensively involved in the Melbourne community radio station 3CR, and of a concerted attempt to move the station leftwards. He also became extensively involved in the 'digital revolution' movement, which argued that the new world of information technology as represented by the rise of the PC and the internet, was a new site of struggle for communistic social relations. This campaign involved a concrted attempt to keep software free of copyright laws. Langer is an active opponent of Zionism
, and was associated with a group called Jews Against Zionism and Anti-Semitism (JAZA). This group is no longer active.
government and to target ALP candidates in marginal seat
s. This tactic was adopted by members of CAPU and several low key campaigns were run during elections. In 1987 and 1990 there were instances where Victorian voters were urged to take advantage of section 270 of the Commonwealth Electoral Act
and give less preferred parties equal last preferences
(now known as a Langer vote
), so as not to express a choice for either major party.
On 5 March 1993, ahead of the 1993 election, Albert Langer received warnings from the Australian Electoral Commission not to run the campaign he had initiated. He sought relief from the High Court; to stop the AEC from intimidating him, and to determine the validity of section 329A. The matter was reviewed by Justice William Deane
(who shortly afterwards became Governor General). Deane dismissed his injunction application, but referred the question to the full bench. The case was joined with a similar challenge by Patrick Muldowney to South Australian electoral matters to determine the validity of section 126. The matters were heard in Canberra in October 1995.
However, the decision was not publicly announced until 7 February 1996 - just after the writs for the 1996 election were issued on 28 January. That decision saw the Court reject (Dawson
dissenting) Langer's argument that section 329A was unconstitutional. (Also argument put by legal practitioners.) The case saw judges interpreting the Act to mean that it is necessary to cast one's vote using consecutive and unrepeated numbers.
On 31 January the Neither! campaign published a newspaper advertisement to which the AEC objected and took action against. The matter was adjourned pending the High Court decision, and on 8 February the AEC obtained an injunction from Justice Beach (Victorian Supreme Court) to restrain Albert Langer from publishing the advertisement "How to vote for Neither!"
Langer was never prosecuted under section 329A. The Electoral Commission chose not to use the provision but rather sought the measure of injunctive relief
.
after informing the media of the decision outside the courthouse and providing them with a copy of the Neither! leaflet. As such technically Langer did not breach the order as he did not hand the pamphlet to the public though it was only a matter of time until he did.
Within a few days of this decision (details to be provided) Langer was summoned to appear on the charge of contempt and it was members of the media who gave evidence of him passing leaflets to them. Consequently he was sentenced to 10 weeks imprisonment for breaching the court injunction ordering him to stop advocating contrary to the Electoral Act. In March 1996 after widespread public outcry and media attention the Federal Court
reduced his sentence to three weeks, which he served in full.
During his incarceration, Albert Langer was deemed by Amnesty International
to be a "Prisoner of Conscience."
Section 329A was repealed by the Electoral and Referendum Amendment Act 1998, which became law on 17 July 1998. Section 240 was amended by the same Act to specify that using repeated numbers invalidated a vote.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n political activist, best known for his 1996 conviction and gaoling on contempt
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
charges after breaching an injunction forbidding his advocacy of marking electoral ballot paper
Ballot
A ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
s in a way discouraged by the Australian Electoral Commission
Australian Electoral Commission
The Australian Electoral Commission, or the AEC, is the federal government agency in charge of organising and supervising federal elections and referendums. State and local government elections are overseen by the Electoral Commission in each state and territory.The Australian Electoral Commission...
. As a result of his imprisonment Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
declared him the first Australian prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
for over 20 years.
Life and early activism
Born in London to a wealthy MelbourneMelbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
Jewish family, Langer was educated at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
, where he became a prominent student activist during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
years. He gained fame by defending himself in court against charges arising from an anti-Vietnam war demonstration, and being acquitted. He was a leader of the Maoist
Maoism
Maoism, also known as the Mao Zedong Thought , is claimed by Maoists as an anti-Revisionist form of Marxist communist theory, derived from the teachings of the Chinese political leader Mao Zedong . Developed during the 1950s and 1960s, it was widely applied as the political and military guiding...
faction at the university and a supporter of the Communist Party of Australia (Marxist-Leninist)
Communist Party of Australia (Marxist-Leninist)
The Communist Party of Australia is an Australian political party based on the writings of Karl Marx, Vladimir Lenin, Joseph Stalin and Mao Zedong...
. He broke with this party after the death of Mao Zedong
Mao Zedong
Mao Zedong, also transliterated as Mao Tse-tung , and commonly referred to as Chairman Mao , was a Chinese Communist revolutionary, guerrilla warfare strategist, Marxist political philosopher, and leader of the Chinese Revolution...
, but remained a defender of the Pol Pot
Pol Pot
Saloth Sar , better known as Pol Pot, , was a Cambodian Maoist revolutionary who led the Khmer Rouge from 1963 until his death in 1998. From 1976 to 1979, he served as the Prime Minister of Democratic Kampuchea....
regime in Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
.. In the 1970s and 1980s he was extensively involved in the Melbourne community radio station 3CR, and of a concerted attempt to move the station leftwards. He also became extensively involved in the 'digital revolution' movement, which argued that the new world of information technology as represented by the rise of the PC and the internet, was a new site of struggle for communistic social relations. This campaign involved a concrted attempt to keep software free of copyright laws. Langer is an active opponent of Zionism
Zionism
Zionism is a Jewish political movement that, in its broadest sense, has supported the self-determination of the Jewish people in a sovereign Jewish national homeland. Since the establishment of the State of Israel, the Zionist movement continues primarily to advocate on behalf of the Jewish state...
, and was associated with a group called Jews Against Zionism and Anti-Semitism (JAZA). This group is no longer active.
Advocacy of assigning equal last preferences
In 1986 Albert Langer wrote an article for a conference organised by the Coalition Against Poverty and Unemployment (CAPU) entitled Don't Vote. Its express aim was to examine possible electoral strategy for the left and to bring down the LaborAustralian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
government and to target ALP candidates in marginal seat
Marginal seat
A marginal seat, or swing seat, is a constituency held with a particularly small majority in a legislative election, generally conducted under a single-winner voting system. In Canada they may be known as target ridings. The opposite is a safe seat....
s. This tactic was adopted by members of CAPU and several low key campaigns were run during elections. In 1987 and 1990 there were instances where Victorian voters were urged to take advantage of section 270 of the Commonwealth Electoral Act
Commonwealth Electoral Act 1918
The Commonwealth Electoral Act 1918 replaced the Commonwealth Franchise Act 1902 which defined who was allowed to vote in Australian federal elections. The Commonwealth Electoral Act comprehensively rewrote the Franchise Act and introduced instant-runoff voting, known in Australia as Preferential...
and give less preferred parties equal last preferences
Instant-runoff voting
Instant-runoff voting , also known as preferential voting, the alternative vote and ranked choice voting, is a voting system used to elect one winner. Voters rank candidates in order of preference, and their ballots are counted as one vote for their first choice candidate. If a candidate secures a...
(now known as a Langer vote
Langer vote
A Langer vote is a vote marked "1, 2, 3, 3 , 3. . ., etc" in the Australian electoral system. It was widely publicised by Albert Langer, an Australian political activist, as a means of limiting votes to the voter's preferred parties, and thus avoiding the statutory instruction to mark the ballot...
), so as not to express a choice for either major party.
Introduction of section 329A and challenge to constitutionality
As an antidote to these kind of electoral tactics, and to advocacy of voting informally, the ALP government formulated section 329A of the electoral act. It was enacted in December 1992. Section 329A made it an offence to encourage, during the election period, voters to fill in House of Representatives ballot papers other than in accordance with the method set out in section 240 of the Act. The offence was punishable by 6 months' imprisonment or a discretionary pecuniary penalty.On 5 March 1993, ahead of the 1993 election, Albert Langer received warnings from the Australian Electoral Commission not to run the campaign he had initiated. He sought relief from the High Court; to stop the AEC from intimidating him, and to determine the validity of section 329A. The matter was reviewed by Justice William Deane
William Deane
Sir William Patrick Deane, AC, KBE, QC , Australian judge and the 22nd Governor-General of Australia.-Early life:William Deane was born in Melbourne, Victoria. He was educated at Catholic schools including St. Joseph's College, Hunters Hill and at the University of Sydney, where he graduated in...
(who shortly afterwards became Governor General). Deane dismissed his injunction application, but referred the question to the full bench. The case was joined with a similar challenge by Patrick Muldowney to South Australian electoral matters to determine the validity of section 126. The matters were heard in Canberra in October 1995.
However, the decision was not publicly announced until 7 February 1996 - just after the writs for the 1996 election were issued on 28 January. That decision saw the Court reject (Dawson
Daryl Dawson
Sir Daryl Michael Dawson, AC, KBE, CB Australian judge and naval officer, was a Justice of the High Court of Australia from 1982 to 1997.-Education:...
dissenting) Langer's argument that section 329A was unconstitutional. (Also argument put by legal practitioners.) The case saw judges interpreting the Act to mean that it is necessary to cast one's vote using consecutive and unrepeated numbers.
On 31 January the Neither! campaign published a newspaper advertisement to which the AEC objected and took action against. The matter was adjourned pending the High Court decision, and on 8 February the AEC obtained an injunction from Justice Beach (Victorian Supreme Court) to restrain Albert Langer from publishing the advertisement "How to vote for Neither!"
Langer was never prosecuted under section 329A. The Electoral Commission chose not to use the provision but rather sought the measure of injunctive relief
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
.
Contempt charges
Langer was eventually charged with contemptContempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
after informing the media of the decision outside the courthouse and providing them with a copy of the Neither! leaflet. As such technically Langer did not breach the order as he did not hand the pamphlet to the public though it was only a matter of time until he did.
Within a few days of this decision (details to be provided) Langer was summoned to appear on the charge of contempt and it was members of the media who gave evidence of him passing leaflets to them. Consequently he was sentenced to 10 weeks imprisonment for breaching the court injunction ordering him to stop advocating contrary to the Electoral Act. In March 1996 after widespread public outcry and media attention the Federal Court
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
reduced his sentence to three weeks, which he served in full.
During his incarceration, Albert Langer was deemed by Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
to be a "Prisoner of Conscience."
Repeal of section 329A
The June 1997 report into the 1996 election by Parliament's Joint Standing Committee on Electoral Matters discussed the Langer case and recommended the repeal of section 329A.Section 329A was repealed by the Electoral and Referendum Amendment Act 1998, which became law on 17 July 1998. Section 240 was amended by the same Act to specify that using repeated numbers invalidated a vote.
Current political views
Langer's current political views are summarised at the Last Superpower website, which he maintains with his ex-wife Kerry Langer:- The war in Iraq: We support the overthrow of the fascist Baath Party in Iraq. The United States currently has no choice but to "drain the swamps" and support the democratization of the Middle East.
- Palestine: As a consequence of its new drain the swamps policy, the Bush administration has become the first ever US administration to acknowledge the need for a Palestinian state.
- Globalization: globalizationGlobalizationGlobalization refers to the increasingly global relationships of culture, people and economic activity. Most often, it refers to economics: the global distribution of the production of goods and services, through reduction of barriers to international trade such as tariffs, export fees, and import...
is the engine of development in the third world - and development is the answer to world poverty. - Green politics: We reject green ideology because it opposes rapid development, fears change and romanticises pre-industrial life. In practice, "sustainable development" sustains only poverty, malnutrion and death.
- Capitalism: On the one hand capitalismCapitalismCapitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
is vastly superior to tribalism, feudalismFeudalismFeudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
and fascismFascismFascism is a radical authoritarian nationalist political ideology. Fascists seek to rejuvenate their nation based on commitment to the national community as an organic entity, in which individuals are bound together in national identity by suprapersonal connections of ancestry, culture, and blood...
. The achievements of advanced capitalism really are quite spectacular. Nevertheless it holds back development and progress because it is based on "wage slavery" and is therefore incapable of fully unleashing human potential.
External links
- Strange Times a website maintained by Langer and his ex-wife Kerry Langer
- Last Superpower, former website maintained by Langer and Kerry Langer.
- Neither List archives From the original 1998 discussion group
- Australia: Political Activist Becomes First Prisoner of Conscience for Over 20 Years
- Albert Langer: Australia's First Political Prisoner?
- May Day it's the festival of the distressed