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Free Speech Consequentialism: An Australian Account

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journal contribution
posted on 14.01.2022, 01:29 by Carlo Dellora

This work addresses the extent to which jurisprudence on the implied freedom of political communication can be seen as a kind of free speech consequentialism. Building on the work of Goldberg in the American context it is argued that specific features of the implied freedom can be characterised as consequentialist. Both in its justification and application the implied freedom operates according to consequentialist norms — protecting speech only insofar as it goes to facilitating representative government and restricting as much when it conflicts with a sufficiently pressing interest. Because of this, jurisprudence on the implied freedom illustrates a type of consequentialist reasoning that emphasises ends rather that rights — with significant results for the protection of free speech in this country.

History

Publication Date

2020

Volume

46

Issue

2

Type

Journal Article

Pages

183–213

AGLC Citation

Carlo Dellora, 'Free Speech Consequentialism: An Australian Account' (2020) 46(2) Monash University Law Review 183