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Is there a common law "Right" to freedom of speech?

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journal contribution
posted on 2019-01-01, 00:00 authored by Dan MeagherDan Meagher
The recognition of political speech as a constitutional principle and the emergence of the principle of legality have driven the doctrinal evolution of freedom of speech at common law. The High Court now treats freedom of speech as something more than a residual liberty. Yet this doctrinal and taxonomic transformation is not complete. This article posits that at some point the High Court may incorporate proportionality into the methodology of common law rights protection. That development would be problematic,
but the forces driving it may well be inexorable. However, the article concludes that there is an alternative. The High Court has an opportunity (if so minded) to develop a distinctive, indigenous conception of freedom of speech at common law.

History

Journal

Melbourne University law review

Volume

43

Issue

1

Pagination

269 - 302

Publisher

Melbourne University, Law Review Association

Location

Melbourne, Vic.

ISSN

0025-8938

Language

eng

Publication classification

C Journal article; C1 Refereed article in a scholarly journal

Copyright notice

2019, Melbourne University, Law Review Association