Racial vilification and freedom of speech in Australia and elsewhere
Article
Article Title | Racial vilification and freedom of speech in Australia and elsewhere |
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ERA Journal ID | 33206 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Common Law World Review |
Journal Citation | 41 (2), pp. 167-195 |
Number of Pages | 29 |
Year | 2012 |
Place of Publication | Isle of Man, United Kingdom |
ISSN | 1473-7795 |
1740-5556 | |
Digital Object Identifier (DOI) | https://doi.org/10.1350/clwr.2012.41.2.0236 |
Web Address (URL) | http://vathek.org/doi/abs/10.1350/clwr.2012.41.2.0236 |
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. |
Keywords | racial vilification, free speech, implied freedom of political speech, First Amendment |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q1491/racial-vilification-and-freedom-of-speech-in-australia-and-elsewhere
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