French CJ Hayne J Crennan J Kiefel J Bell J 10. The freedom – sources of communication 27 The statement in Lange set out above not only recognises that, generally speaking, political communication cannot be compartmentalised to either that respecting State or that respecting federal issues. It also implies that a free flow of communication between all interested persons is necessary to the maintenance of representative government. 28 In ACTV, Brennan J 43 spoke of the need for there to be a free flow of political communication in order that electors can form judgments. Mason CJ observed 44 that freedom of communication could not be understood as confined to communications between electors and elected representatives, candidates or parties. It cannot be so confined because the efficacy of representative government depends upon free communication between all persons and groups in the community. An elector's judgment on many issues will turn upon free public discussion, often in the media, of the views of all those interested. 29 In a passage from Archibald Cox's text 45, to which Mason CJ referred in ACTV , it was said that: 46 "Only by uninhibited publication can the flow of information be secured and the people informed … Only by freedom of speech … and of association can people build and assert political power". Likewise, in Buckley v Valeo 47 the United States Supreme Court spoke of the need to ensure the "unfettered interchange of ideas for the bringing about of political and social changes desired by the people." 43 Australian Capital Television Pty Ltd v The Commonwealth (1992) 177 CLR 106 at 160. 44 Australian Capital Television Pty Ltd v The Commonwealth (1992) 177 CLR 106 at 139. 45 The Court and the Constitution, (1987) at 212. 46 (1992) 177 CLR 106 at 138. 47 424 US 1 at 14, 49 (1976), citing Roth v United States 354 US 476 at 484 (1957).

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