“Freedom of speech may not be protected by Australia’s constitution, high court judge says,” screamed a recent headline in The Guardian Australia. 

The report focussed on a challenge to Australia’s foreign influence transparency scheme by LibertyWorks. It cited newly appointed High Court Justice Simon Steward as stating that freedom of political communication implied in the constitution may not exist and was not “settled law”.  

Chief Justice Susan Kiefel and Justices Patrick Keane, Jacqueline Gleeson, James Edelman and Steward agreed the scheme was valid and dismissed LibertyWorks’ action. 

The report went on:  

The opinion (of Justice Steward) could be seen as a shift towards more conservative legal interpretations after the former attorney...