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My 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 t
by pmccool 17y ago
My 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.