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4 Australasian Gay & Lesbian L.J. 1 (1994)
Can Hate Speech Be Free Speech

handle is hein.journals/agllj4 and id is 5 raw text is: Can Hate Speech Be Free Speech?
Anne Scahill
Legal Officer,
Anti-Discrimination Commission of Queensland
HOMOSEXUAL VILIFICATION LEGISLATION IN NSW
During 1993, two Bills were brought before the New South Wales Parliament
proposing the outlawing of homosexual vilification. The first, introduced by
Independent member for Bligh, Clover Moore, in February 1993, was not supported
by the Liberal/National Coalition Government and was rejected. The second was
proposed by the New South Wales Attorney-General, John Hannaford, and was
identical to Clover Moore's but dealt with additional matters.
The NSW Government decided not to proceed with Hannaford's Bill in
September of 1993 because of political pressure. Clover Moore reintroduced her
Bill. This Bill was passed on 16 November 1993 with an amendment exempting
public acts performed during the course of religious instruction.
There has been very little public debate about the contents of this legislation.
The real, though covert, debate has dealt with the moral probity of protecting
homosexuals; led, of course, by Fred Nile and other conservative politicians and
church groups. Much of this questioning has taken the form of objection to the
legislation because it interferes with free speech. Consider the following extracts.
In a letter to the editor of the Sydney Morning Herald on 2 September 1993, the
NSW Council of Churches opposed the proposed legislation on the basis that the
real issue was one of freedom of speech. The Council said:

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