Question
Sven is a member of the Australian National People's Party. This party espouses Nazi ideology and tries to further its ideology by publishing and protesting
Sven is a member of the Australian National People's Party. This party espouses Nazi ideology and tries to further its ideology by publishing and protesting outside the State and Federal Parliaments.
After having recently banned the display of Nazi symbols the Federal government recently went one step further and passed the (fictional) Prohibited Advocacy (Publications and Assembly) Act 2023 (Cth)(PAPAA). Section 12 of PAPAA prohibited the publication through any means of publications that espoused any aspect of Nazi ideology. Section 28 of PAPAA prohibited any public assemblies where those assembled reasonably could be seen as espousing Nazi ideology.
Sven seeks your advice as to whether sections 12 and 28 PAPAA violate the implied freedom of political communication in the federal Constitution.
Assume that all of PAPAA is supported by a head of Commonwealth power.
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