'Insult and Emotion, Calumny and Invective': Twenty Years of Freedom of Political Communication

University of Queensland Law Journal, Forthcoming

U of Melbourne Legal Studies Research Paper No. 565

20 Pages Posted: 29 Nov 2011 Last revised: 1 Dec 2011

Adrienne Stone

Melbourne Law School

Date Written: November 28, 2011

Abstract

This article was written for a symposium marking twenty years of constitutional protection of freedom of political communication in Australian constitutional law. The protection of political communication under the Australian Constitution is commonly regarded as relatively weak. While I do not as a general matter dispute this characterization of the law, this article will strike a different note. Rather than dwelling on the weaknesses of the doctrine I will draw attention to a strand of reasoning in the High Court’s decisions on freedom of political communication that stands in marked contrast to the general trend. In particular, I will examine Coleman v Power, which appears to establish that the law has no legitimate role in ‘civilising’ public debate. As I have noted previously, moreover, this ‘anti-civility’ stance has some surprising affinities with aspects of the law of the First Amendment. However, in this article however it is suggested that the reasoning of some members of the High Court in Coleman strongly suggests that Australian values inform the freedom of political communication. In this spirit, I close the article by suggesting that Coleman might be read as showing a nascent but peculiarly Australian disregard for civility in political discussion.

Keywords: constitutional law, political communication, Australia

JEL Classification: K19, K39

Suggested Citation

Stone, Adrienne, 'Insult and Emotion, Calumny and Invective': Twenty Years of Freedom of Political Communication (November 28, 2011). University of Queensland Law Journal, Forthcoming; U of Melbourne Legal Studies Research Paper No. 565. Available at SSRN: https://ssrn.com/abstract=1965766

Adrienne Stone (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

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