meagher-theprotectionofpolitical-2005.pdf (1.88 MB)
The protection of political communication under the Australian constitution
journal contributionposted on 2005-01-01, 00:00 authored by Dan MeagherDan Meagher
Compatibility of a law with implied freedom of political communication - application of test of constitutionality outlined in Lange case - argues that two-tier approach be abandoned - if a law regulates the content of a political communication, not its mode, more rigorous judicial scrutiny will follow - should be a single test for constitutionality where application is through the proportionality framework and informed by the rationale of the implied freedom - application to Australian racial vilification laws.
JournalUniversity of New South Wales law journal
Pagination30 - 68
PublisherUniversity of New South Wales, School of Law
NotesReproduced with the kind permission of the copyright owner.
Publication classificationC1 Refereed article in a scholarly journal
Copyright notice2005, University of New South Wales, School of Law