John Howard’s war against free speech moved into high gear yesterday with the announcement of plans to jail people for up to seven years for encouraging the “wrong” side in foreign wars. It is reported that the “offence of ‘indirect incitement’ will replace the crime of sedition in the Crimes Act, which covered fomenting discontent or rebellion against the government, and attracted a maximum jail term of three years.”

“Sedition” is the classic political offence, used by governments through the ages to silence their opponents. But this new proposal is even worse because it applies to dissidence not just against the government in Australia, but wherever there are Australian troops. Supporters of the move talk about “incitement,” but we already have laws against that; this is about the criminalisation of opinion.

It is interesting that one of those who apparently raised doubts about the plans in the party room yesterday was Senator George “Washington” Brandis, as Crikey calls him, because the war in which the original George Washington led his people to independence was just the sort of case this legislation might apply to. When the British government under Lord North tried to coerce the Americans, the opposition in Britain opposed the war. Lord Chatham, for example, said the colonists “were justified in the defence of [their rights] to the last extremity.” Under John Howard’s regime, he could have gone to jail.

Or if that’s too long ago, consider the Cold War, which we keep being told is somehow analogous to the “war on terror” (although Al-Qaeda’s stock of ICBMs is a bit paltry). Communist parties in the west continued to organise; Marxist professors continued to teach; activists called openly for military victory to the communists in Vietnam and elsewhere. Such freedom was an important part of what we were fighting for.

John Howard yesterday maintained that “there is a difference between saying the troops should come home and actually encouraging people to attack them.” But does anyone think such fine distinctions will hold up in a war situation? Dissenters will be shut out just when we need them most.