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.
History
Journal
University of New South Wales law journal
Volume
28
Pagination
30 - 68
Location
Sydney, N.S.W.
Open access
Yes
ISSN
0313-0096
eISSN
1839-2881
Language
eng
Notes
Reproduced with the kind permission of the copyright owner.
Publication classification
C1 Refereed article in a scholarly journal
Copyright notice
2005, University of New South Wales, School of Law