Why Fighting Words in Court is a Waste of Everyone's Time

Why Fighting Words in Court is a Waste of Everyone's Time

We love our courtroom dramas. We love the theater of offense, the righteous indignation, and the expensive legal machinery grinding away to settle who hurt whose feelings. The recent legal showdown ending with Pauline Hanson pinned by a racial discrimination finding against Mehreen Faruqi is being hailed as a monumental victory for accountability.

It is nothing of the sort. It is an expensive, self-indulgent distraction. You might also find this similar coverage interesting: Why Iran Defending the ICC is the Most Cynical Theater on Earth.

I have watched organizations, politicians, and public figures blow millions of dollars chasing vindication through statutory tribunals, pretending that a judge's reprimand changes cultural currents. It does not. It merely feeds a litigation industry that profits off perpetual grievance while solving precisely zero structural problems.

The Lazy Consensus on Free Speech Versus Hate Speech

The standard narrative splits neatly into two exhausted camps. Camp one screams about absolute free speech, pretending that words exist in a vacuum devoid of historical power structures. Camp two demands absolute speech safety, treating every sharp insult as an existential threat requiring state intervention. As highlighted in latest articles by USA Today, the effects are widespread.

Both sides are selling a fantasy.

Speech in the public square has never been unregulated, nor has it ever been safe. When a politician tells a rival to pack their bags and go back where they came from, it is crude, tribal, and predictable. But dragging that rhetorical mud into the Federal Court does something worse than expose bad manners: it elevates low-level political bickering into constitutional martyrdom.

Hanson gets to play the populist crusader silenced by elites. Faruqi gets a moral win encased in a legal judgment that changes zero minds and alters zero material conditions. Meanwhile, the legal bills climb into the hundreds of thousands of dollars, paid for by taxpayers and donors who were promised progress.

The Economics of Outrage Litigation

Let us look at the mechanics of modern discrimination law. When a public figure files under sections like Section 18C of the Racial Discrimination Act—or equivalent state-level provisions—they are weaponizing civil procedure for ideological branding.

I've seen institutions burn entire quarterly budgets on legal counsel to fight public insults, convincing themselves they are defending the republic. They are not. They are buying an expensive PR campaign dressed up as jurisprudence.

Consider the actual utility. A court declaration that a statement was offensive or unlawful carries financial penalties and injunctions, but it lacks the psychological mechanism required to change prejudice. In fact, compulsory apologies ordered by courts are universally understood by the public to be coerced. Coerced speech carries zero persuasive value. It breeds resentment on one side and hollow triumph on the other.

Law is a blunt instrument designed for property, contracts, and physical safety. When applied to the intangible realm of political offense, it breaks.

  1. It centralizes attention on the worst actors. Every headline about Hanson and Faruqi fighting in court sucks oxygen away from actual policy debates, economic inequality, and legislative reform.
  2. It creates a martyrdom feedback loop. Legal losses for prominent populist figures do not suppress their base; they energize it. You cannot fine-tune bigoted rhetoric out of existence using a magistrate.
  3. It prices out ordinary people. When discrimination law becomes a playground for high-profile political gladiators with six-figure legal funding, it ceases to protect vulnerable citizens who actually face systemic barriers in housing or employment.

The Contrarian Playbook

Stop treating the courtroom as a moral washing machine. If a politician hurls cheap insults, the antidote is not a federal court injunction; it is relentless, merciless political counter-mobilization and public ridicule.

When you sue your political opponents over mean words, you concede a vital point: you admit that you cannot win the argument in the open market of ideas without a judge acting as your bodyguard.

We need to starve the outrage machine of its legal oxygen. Let the speech happen, dismantle it with better facts, superior policy, and sharper satire, and keep the courts clear for actual harm.

The next time a public figure rushes to file a discrimination suit over a tweet or a verbal barb, recognize it for what it is. It is a theatrical fundraiser disguised as justice.

Stop funding their drama. Beat them where it hurts, at the ballot box and in the court of public opinion.

AM

Avery Miller

Avery Miller has built a reputation for clear, engaging writing that transforms complex subjects into stories readers can connect with and understand.