Freedom Of Speech In Australia

Decent Essays
It is quite apparent to say that every freedom of speech is not absolute. In Australia, legislation prohibits, or renders unlawful, speech or expression in many different contexts. Some limitations on speech have long been recognised by the common law itself, such as obscenity and sedition, defamation, blasphemy, incitement, and passing off. Numerous Commonwealth laws may be seen as interfering with freedom of speech and expression as well. Arguably, such laws do not encroach on the traditional freedom, but help define it. However, these traditional limits are crucial to understanding the scope of the freedom and possible justifications for new

Related Documents

  • Superior Essays

    Freedom of speech has been an integral part of American society ever since the founding fathers gathered in Philadelphia to create the nation’s fundamental laws. The first amendment of the Constitution guarantees every American citizen the right to freedom of speech. In recent years, questions have arisen about whether free speech should be regulated, specifically on college campuses. Are college students too sensitive to handle issues brought up in free debate? Two articles that address this issue are “Millennials Will Soon Define ‘America,’ and That’s a Problem for Ideas” by Julie Lythcott-Haims and “Today’s Students Have a New Way of Looking at Free Speech” by Kathleen McCartney.…

    • 927 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Having Free Speech is the basic right that Americans have, it is the ability to speaks one’s mind and ideas. Theres are many benefits to having the ability to project ideas without censorship. Caleb Yong author of “Does Freedom of Speech Include Hate Speech?” argues that the liberal justice has a special protection against the restriction of speech and expression, he calls it “Free Speech Principle” where it includes its “sensitivity to the distinction between coverage and protection (Yong)” that the speech should be monitored. Hate speech is too broad to single out the negative effect that it can have in any group. The main concept of this article includes the four categories that hate speech can be set in.…

    • 1030 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Sojeong Lee Journalism 400 Exam 1 The First Amendment protects freedom of speech with restrictions made by the court to protect the peace of society. These exceptions include any speech that is libel, obscenity or incites imminent violence and illegal activity. The government may intervene and take action against the students if the material of the publication or their conduct is considered unprotected speech.…

    • 1012 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Overtime the Supreme Court has carved out different categories of speech. The Courts have established some speech to be totally protected by the First Amendment, some speech to not be protected by the First Amendment, and some speech to be subjected to different tests and standards to determine whether or not they are protected by the First Amendment. There is sort of this set hierarchy of different classes of speech from that of which is most protected to that of which is least protected. Speech that is subject to the prohibition without violating the First Amendment is speech that is deemed to be absolutely lacking in any type of value. Basically, the Courts have determined that some speech is just valueless and contributes nothing to our…

    • 1090 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Discussion 12.2 Question #1 The Supreme Court should in fact adopt a more narrow view of First Amendment speech protection in an effort to possibly curb hate crimes that may be associated with such speech. Unfortunately end of the Supreme Court hate speech is protected as long as it does not prevent an intent or an immediate threat to an individual. In the regards to the Westboro Baptist Church those individuals who are protesting especially at a funeral of a fallen soldier may not exhibit any type of threat but unfortunately is not respecting those loved ones attending the funeral. In addition to, the people who are exhibiting these signs are still encouraging a sort of disrespect which could ultimately lead to violence.…

    • 424 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Nevertheless, government cannot make a law to narrow the free expression does not mean that individuals are free to say anything that they want to. Some exceptions to the protection of free speech have been made such as incitement,…

    • 692 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Freedom of speech is the right to express one’s opinion without censorship, restraint, or legal penalty. With respect to this, the government’s power to interfere with its citizen’s speech, should have numerous limitations and restrictions to prevent tyranny of those in power (Mill, 6). Therefore, the Canadian government should not be involved in this complaint against Maclean 's magazine. The Canadian government should not intervene in this situation because the harm caused by the action of intervening is greater than inaction. Canada’s government should be preserving our freedom of speech and not violating this fundamental freedom.…

    • 1609 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Freedom of speech is as American as apple pie. Not only is it the cornerstone that binds our beliefs together, it also unites the nation. The first amendment to the Constitution contains freedom of speech, religion, and assembly. While freedom of speech may be widely interpreted the US Supreme Court cases ensure that the liberties granted to the people are honored appropriately. The Bill of Rights dates back to the US Constitution’s conception.…

    • 653 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Many wonder whether free speech laws in democratic societies should have limits. Discussions surrounding recent events, including the deadly attack on the staff of Charlie Hebdo, raise questions about whether more regulation on what we publish can create a more harmonious society; or if, on the contrary, free expression needs even more legal protection, so as to ensure this fundamental right of free people is not undermined. There are many ways to evaluate the freedom of speech and what it should look like. For instance, in The Harm in Hate Speech, Jeremy Waldron argues that the United States should consider regulating hate speech. I do believe, under certain circumstances, there are areas where we (I speak as an American)…

    • 1608 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Freedom of expression, set under section 2(b) of the Canadian Charter of Rights and Freedoms, is one of Canada’s most valued rights in the bill of rights of the Constitution. It is has paved the way for the society in which thirty-five million people reside today. With this level of influence and admiration, it is truly a fundamental right. However, many ground-breaking cases have illustrated the need to limit freedom of expression. A prime example is the landmark case that took place in 1990 surrounding high school teacher, James Keegstra.…

    • 2151 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    The definition of freedom of speech under the First Amendment is the ability for people to express their opinion freely without any consequences. It is supported by the First Amendment to the U.S. Constitution. The amendment provides that Congress shall make no law abridging the freedom of speech or the press. The free speech controversy that this paper will be about is the National Basketball Association vs Donald Sterling.…

    • 1555 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    Freedom of speech gives people the right to speak ideas freely, criticize the government, sometimes say distasteful, unpopular things, and criticize public policy. However, freedom of speech is not absolute and has certain limitations. One component of these limitations is the imminent lawless action test which states that if a speaker’s intent is to incite a violation of the law that is both imminent and likely, that speech is not protected under the first amendment. There are other limitations such as obscenity, child pornography laws and regulation of commercial speech. An example of commercial speech regulation would be…

    • 2159 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    The Fight for Free Speech (Speech Critique) It may seem as if free speech and expression is a simple concept to understand, but it becomes difficult to draw a line when obscenity is present. Obscene documents are not easy to detect. There were times where many forms of free speech were considered obscene by the Supreme Court.…

    • 634 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Should there be a limit for individual expression or guidelines to public opinions? Freedom of speech has been a controversial topic for many years, it was created when democracy was established to protect the people and individual rights. Since then it has become more of an issue in modern society due to the constant action of restriction on everyday speech. It has been argued that limiting the right to express a person’s opinion could eventually cause more harm than good. Other people might disagree and argue that a set of limitations could be a positive action to eliminate the negative and violent outcomes freedom of speech creates.…

    • 1554 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Freedom Of Free Speech

    • 1355 Words
    • 6 Pages

    In a democratic society, freedom of speech plays an important role. Freedom of speech guarantees the citizens to participate in the democracy, and a democratic society isn’t stable if there is no free speech in the administration sector. Restrictions on free speech may cause harm to democratic life, and also contradicts the principles that founded democracy, that the government shouldn’t impose any more than necessary restrictions on individual rights. In Australia, the constitution does not explicitly protect freedom of speech, however, there is meant to be an implied freedom of speech in the constitution. Freedom of speech is thought to be essential in a democratic society.…

    • 1355 Words
    • 6 Pages
    Improved Essays