this post was submitted on 11 Mar 2026
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Australia's constitution has been interpreted by our High Court to contain an implied right to freedom of political communication. Restrictions on that right may be constitutional if they are (1) for a valid purpose and are (2) narrowly targeted towards that purpose.
The law she was arrested under was only passed by the Queensland state Parliament earlier this week (or late last week? I forget). It is definitely going to face constitutional challenge, and there is a very good chance it is ruled struck down. This is because the law literally outlaws two specific phrases from one side of a political issue, and is likely to be seen as stifling free flow of political discourse, rather than being a more "content-neutral" law.
This article, written by a constitutional scholar, gives some great insight: https://www.theguardian.com/commentisfree/2026/mar/08/the-lnps-phrase-banning-law-is-wide-open-to-constitutional-attack-is-it-a-victory-for-the-people-or-a-smart-political-play