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ARTICLE · 17 NOVEMBER 2004

Politics And Free Speech: How Far Do Your Rights Go?

Just after an election campaign filled with political speech, it might seem strange to ask what right anyone has to free speech on political matters. Although the First Amendment to the American Constitution provides that American legislatures cannot make any law "abridging the freedom of speech, or of the press", many people don't realise that Australia's Governments are not so constrained.

AustraliaGovernment, Public Sector

Key Point

  • The constitutional implied freedom of political communication doesn't mean that any speech with political content is protected, or that laws which affect communication about Governmental or political matters are automatically invalid.

Just after an election campaign filled with political speech, it might seem strange to ask what right anyone has to free speech on political matters. Although the First Amendment to the American Constitution provides that American legislatures cannot make any law "abridging the freedom of speech, or of the press", many people don't realise that Australia's Governments are not so constrained.

It is true that the Constitution has an implied freedom of political communication, but that doesn't mean that any speech with political content is protected, or that laws which affect communication about Governmental or political matters are automatically invalid.

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