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).