The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution

Gray, Anthony Davidson (2019) The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution. Common Law World Review, 48 (3). pp. 142-175. ISSN 1473-7795

Abstract

This paper considers the extent to which the Australian High Court might usefully consider principles applied to the First Amendment to the United States Constitution in applying the implied freedom of political communication in the Australian Constitution. Past High Courts have made liberal use of First Amendment case law in the past, though differences between the United States and Australian context should be acknowledged. Specifically, the American jurisprudence would be of assistance in developing an appropriate theoretical framework, in establishing freedom of association, in relation to void for vagueness and overbreadth arguments, and in recognising the importance of the chilling effect of regulation of speech.


Statistics for USQ ePrint 37127
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version, in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Date Deposited: 24 Sep 2019 04:55
Last Modified: 25 Sep 2019 04:51
Uncontrolled Keywords: free speech, First Amendment, implied freedom of political communication
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/37127

Actions (login required)

View Item Archive Repository Staff Only