Abstract:This article explores the potential role of US free speech doctrine as a source of learning for the High Court in developing its own jurisprudence in a broadly analogous area – the Australian (implied) freedom of political communication. The author argues in favour of a critical and self-reflective approach to this question, where the comparative utility of foreign doctrine is assessed by reference to its use in advancing Australian-specific constitutional commitments and inquiries. The article concludes with … Show more
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