3 ms·
The government has been using existing powers to try and block political opposition and the current ban list does ban sites on issues like euthanasia and gay ri
by nopassrecover 17y ago
The government has been using existing powers to try and block political opposition and the current ban list does ban sites on issues like euthanasia and gay rights. On top of that I am told that the technology, depending on how it is implemented, may compromise SSL. These seems significant impediments to freedom of speech and potentially trade.
- pmccool 17y agoMy logic there is that impeding political speech makes the law vulnerable to legal challenge. My opinion is that such a challenge would succeed, hence my view that, one way or another, it will stay out of areas like trade and political speech.
- nopassrecover 17y agoOnly if those provisions are explicitly protected by the text of the constitution. Since the Engineer's case (http://en.wikipedia.org/wiki/Engineers_Case http://en.wikipedia.org/wiki/Engineers_Case) the High Court has favoured a literal interpretation of the constitution. Having said that, cases in the early 1990s established an implied but limited right to freedom of political communication so hopefully you're right.
- pmccool 17y agoYeah, I think someone will do the obvious thing with this law: find some obviously-political thing on the blacklist and ask the courts to apply the test from Lange/Coleman v Power (which build on the early-90s cases you mention). So yeah, here's hoping their argument gets up.