Racial vilification and freedom of speech in Australia and elsewhere

Gray, Anthony (2012) Racial vilification and freedom of speech in Australia and elsewhere. Common Law World Review, 41 (2). pp. 167-195. ISSN 1473-7795

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Abstract

This paper considers the constitutionality of so-called racial vilification provisions in the Racial Discrimination Act 1975 (Cth) used recently in relation to controversial comments by media commentator Andrew Bolt. It compares how similar provisions have been considered in other jurisdictions. The Australian Constitution provides limited protection for free speech, and the article argues that using such provisions, racial vilification laws are vulnerable to a constitutional challenge.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version deposited in accordance with the copyright policy of the publisher.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 13 Jun 2012 05:57
Last Modified: 11 Aug 2014 02:57
Uncontrolled Keywords: racial vilification, free speech, implied freedom of political speech, First Amendment
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
Identification Number or DOI: doi: http://dx.doi.org/10.1350/clwr.2012.41.2.0236
URI: http://eprints.usq.edu.au/id/eprint/21211

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