ipl-logo

Lange V. Australian Broadcasting Corporation (Lange)

122 Words1 Page

In the case of Lange v Australian Broadcasting Corporation (Lange), the High Court ruled that as the development of the common law in Australia cannot run counter to constitutional imperatives, the common law rules of qualified privilege should properly reflect the requirements of ss 7, 24, 64, 128 and related sections of the Australian Constitution.

Freedom of speech is not absolute. This can be seen in the First Amendment of the United States Constitution whereby it has been held not to protect all speech like obscene publications or speech inciting imminent lawless action. Australian common law has long recognised limitations to free speech, for instance, those in relation to the criminal law of incitement and conspiracy, and in obscenity

Show More
Related

  • Appeal Of The Queen V. Danny Lalumiere Case

    1100 Words  | 5 Pages

    The case prosecuted under the court of Appeal of Ontario, Her Majesty the Queen v Danny Lalumiere, in 2011, was intended to appeal the conviction of counseling to commit murder. The appellant argued that the life sentence was not appropriate and was outside the range of sentences imposed on similar offenders for similar offenses. This is an example of a case where legal guilt was used to provide a conviction. The conviction of the appellant was based on the testimony of a psychiatrist doctor, Dr. Pallandi, who provided a profile of the accused and concluded that the appellant was pathologically predisposed to commit an offense. The appellate court ruled against the Crown’s decision at the trial, stating that the appellant lacked moral culpability for his offenses and therefore the sentence was not deserved.

    Read More

  • United States Vs. Miller Case Study

    1959 Words  | 8 Pages

    This case is also regularly cited in other Supreme Court cases and is often a deciding factor. It has been used in cases like Konigsberg v. State Bar “That view, which of course cannot be reconciled with the law relating to libel, slander, misrepresentation, obscenity, perjury, false advertising, solicitation of crime, complicity by encouragement, conspiracy, and the like, is said to be compelled by the fact that the commands of the First Amendment are stated in unqualified terms: "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . . . " But as Mr. Justice Holmes once said: "[T]he provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil.

    Read More

  • Zundel's Did Six Million Really Die?

    1134 Words  | 5 Pages

    The Supreme court ruled that Section 181 of the Criminal Code intersects section 2(b) of the Charter of Rights and Freedoms which guarantees the right to freedom of expression as long as the expression is not violent. They defined that the booklet that he created was not violent and allowed under the concept of freedom of expression as the form is different from the content in this scenario thus, the allegation made did not apply. The court found that section 181's attempt to censor all expressions unjustifiable since many acceptable expressions could fit that description. According to analysis, section 181 was a reasonable limit on freedom of expression in a free and democratic society. In the end, majority of the Supreme Court held that section 181 of the Criminal Code was unconstitutional and therefore, his conviction was overturned even though this is not what most wanted, the situation was dealt in this matter due to the

    Read More

  • Supreme Court Cases: Bands V. United States

    1408 Words  | 6 Pages

    As commander in chief the president has certain obligations and power that can be controversial during times of war and foreign affairs. The fundamental of democracy was founded in the year of 1776 when the Declaration of Independence was signed into effect by the founding fathers declaring America independent from England. America engaged in the American Revolution in an attempt to attain independence from the mother country and escape from their abusive government system where the people had no voice and all decisions were made by the king without the consent of their people. They debated over what the fundamentals of the government will be and the distribution of power. The founding fathers debated on the structure of a new government, but

    Read More

  • The Mabo Case And Its Effects On The Legal System In Australia

    1022 Words  | 5 Pages

    In 1982 Eddie Mabo went to court to challenge the law of terra nullius and take back his people right to the land. This particular case was taken to the high court. Mabo’s argument was that indigenous people owned land prior to the law of terra nullius being put into action. The high court finally came to a decision to overturn the law of terra nullius on the 3rd of June 1992. However this decision came with a consequence, that of which was that many people did not believe that the high court had the authority to overturn the law of terra nullius and that a decision of this caliber was to left to parliament.

    Read More

  • Was The Dixie Chicks Statement Protected By The First Amendment?

    1130 Words  | 5 Pages

    In Dennis v. United States, the defendants were found guilty because their speech was not protected by the First Amendment because it involved the creation of a conspiracy to topple the United States government. It was not until 1957 in Yates v. United States which was ruled by the Supreme Court of the United States that speech which was deemed “revolutionary” or rebellious against the government as protected by the first Amendment as long as it did not pose a

    Read More

  • Summary: The Australian Legal System

    168 Words  | 1 Pages

    The Australian legal system is adversarial. This means that the parties to a case present evidence and argue their position before a judge who makes a decision based on the law and evidence. For this to be fair the parties usually engage a lawyer who can represent them in court. On 17 December 1986, Olaf Dietrich flew into Melbourne Airport from Thailand. The Australian Federal Police arrested Dietrich for importing at least 70 grams of heroin concealed in condoms that he had swallowed.

    Read More

  • Board Of Education Vs. Fraser: Freedom Of Speech In Schools

    825 Words  | 4 Pages

    Fraser was a Supreme Court case in 1986 involving whether or not the First Amendment prevents schools from getting a high school student at an assembly in trouble for giving a speech that is offensive in any sexual way. At aa school, a student known as Matthew Fraser gave a speech to nominate one of the students that went to that school for elective office. As Fraser gave a speech, members of the audience felt that he was using graphically sexual metaphors. The school didn’t tolerate this so they prohibited his use of offensive language and suspended Fraser from school for two days.

    Read More

  • Censorship Of The First Amendment Essay

    865 Words  | 4 Pages

    Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

    Read More

  • Three Major Court Cases

    677 Words  | 3 Pages

    The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.

    Read More

  • Right To Be Forgotten Essay

    1354 Words  | 6 Pages

    Though as per the Judgment the right cannot be exercised when it is a particular issue is of public interest , there are serious loopholes in the Judgment which makes it difficult to guard essential public interest. The judgment entirely fails to deals with crucial questions where there is need to decide what would be the basis for deciding whether particular information is in public interest or not? Who is to be held accountable if the information regarding public interest is indeed removed? Upon whom does the burden of proof lies when it comes to deciding public

    Read More

  • Essay On Australian Constitution

    517 Words  | 3 Pages

    The Constitution is an important part in protecting the basic human rights of Australian Citizens. Human rights are the basic rights and freedoms to which all human beings are entitled. They are vital parts in protecting the physical, emotional and social wellbeing of everyday Australians. Whilst the Australian Constitution does not include a Bill of Rights stating these freedoms, several rights have been implied from the text and structure of the Constitution. The Constitution has had a huge impact on the way we live, awarding us rights and freedoms that include the right to vote, be educated and choose our religion .These

    Read More

  • The Pros And Cons Of Censorship And The Social Media

    1686 Words  | 7 Pages

    Censorship can be described as the act of cutting out certain material that can be considered obscene or inconvenient for the community. This material can be found in social media such as in the TV, radio, or the internet. Censorship can be challenged because of the first amendment: freedom of speech. Free expression is the right of expressing opinions and ideas without any fear of being restrained or censored. However, freedom of speech does not include the right to incite actions that would harm others or the distribution of obscene material (Administrative Office of the U.S. Courts, 2000).

    Read More

  • Why People Should Be Censored

    1405 Words  | 6 Pages

    Or, should we continue to censor things like people’s voices as well like how it is on tv. Do we allow for the government to have that power?. Or in fear of having your right to free speech being compromised do we let society have the power to control what is and is not considered to be acceptable?. This is an extremely controversial case just for that reason. And there have been several court cases around the issue and what should and should not be censored.

    Read More

  • Second Wilders Case Study

    881 Words  | 4 Pages

    How did the judiciary of the Netherlands solve the conflict between freedom of expression and discriminatory hate speech in the second wilders case? Introduction The right to freedom of speech is a fundamental human right protected by treaties of several global and European institutions. In a democracy it might be necessary to avoid certain forms of speech that offend or promote hatred against others based on intolerance.

    Read More

More about Lange V. Australian Broadcasting Corporation (Lange)

Open Document