Hate speech v free speech - constitutional freedom - where's the line?

Ever since the High Court decided in 1994 that the Constitution contains an implied freedom of political communication, it's become quite fashionable to have a crack at striking down any law that gets in the way of free speech, on the basis that it offends that constitutional freedom.

The latest target is the NSW Anti-Discrimination Act's prohibition of public acts that incite hatred towards, serious contempt for, or severe ridicule of, homosexuals – simply, anti-gay hate speech. That's been law for 20 years. A Mr Sunol recently tried to have it declared invalid as it infringes his constitutionally protected right to say what he wants.

Mr Sunol, a taxi driver, was being prosecuted for some pretty vile statements he posted on various websites about gay people. We won't repeat them, they were disgusting.