Can Legislation Prohibiting Hate Speech be Justified in Light of Free Speech Principles
Anne Flihvin · University of New South Wales law journal · 1995
The High Court held that there be an implied guarantee of freedom of political discussion in the Australian Constitution, and freedom of speech no longer be considered in the sole domain of parliament. The question considered in this paper is whether legislation should be passed to prohibit incitement to racial hatred. The approach is suggested which most satisfactorily reconciles the competing interests by the accommodationists, who reject restrictions on group libel whilst allowing for tightly drafted restrictions on hate speech directed specifically at individuals.