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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Freedom of Speech in Australian Law

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Michael ChestermanUniversity of New South Wales, Australia

ISBN13: 9781840140521
ISBN: 1840140526
Published: July 2001
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

A collection of essays dealing with the extent to which freedom of speech receives recognition and protection in Australian law. It does not purport to cover this huge topic. Instead, it seeks to illustrate some of the ways in which freedom of speech is protected by law and, through examining various instances of legal restriction on the content of what may be published, to explore and assess the scope and limits of that protection.;The broad theme of the work is, in the words of the title, that freedom of speech is indeed a ""delicate plant"" within Australian law. It is alive as an important value to be protected, and it is growing. But the plant needs to be nurtured. It is not so robust and strongly established that it could never wither away on account of destructive or unsympathetic treatment on the part of legislatures, governments and courts.

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Finding free speech in the law; delicately planted - constitutional freedom for political communication; privileges and freedoms for defamatory political speech; the money or the truth; reforming defamation law; racist speech - civil remedies to promote civility; OJ and the dingo; - media publicity for criminal cases tried by jury; who benefits from freedom of speech.