Prohibiting political chants and slogans by Anne Twomey

Worth a look with NSW premier Chris 'Mossad' Minns trying to cut down on freedom of speech to call out Israel's Genocide of Palestinians in Gaza.

John/Togs Tognolini

'This video discusses a proposal in the Australian State of New South Wales to prohibit the use of certain political chants and slogans. The video discusses the valid use of the law to regulate the use of particular words and acronyms. But it can go too far when it disproportionately restricts the usage of common words and infringes freedom of expression, as was held to be the case in Davis v Commonwealth concerning the bicentenary. It explains the existing laws in NSW that make it an offence, by public act, to threaten or incite violence on the grounds of race or religion or incite racial hatred. It notes that particular chants or slogans may have different and contested meanings and refers to a Canadian case that addressed the history and meaning of the chants proposed to be banned in Australia. It concludes by discussing the constitutional problems that will arise where a law that burdens the constitutionally implied freedom of political communication is not 'content neutral', but is instead targeted at particular political content. This raises issues concerning the legitimate purpose of the law and potentially raises the level of scrutiny that will be applied, raising the vulnerability of the law to constitutional challenge.'

Constitutional Clarion DescriptionThis channel is about constitutional matters - largely Australian, but sometimes broader international constitutional issues. It is conducted by Anne Twomey, who is a Professor Emerita of the University of Sydney and has both taught and practised in constitutional law and policy for a long time. Some of the videos are directed at education of school students while others concern matters of contemporary discussion or broader public education.