meagher-theprotectionofpolitical-2005.pdf (1.88 MB)
Download fileThe protection of political communication under the Australian constitution
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.