Queensland has become the first parliament in Australia to enact a ban on the use of two political slogans: “from the river to the sea” and “globalise the intifada”. But its passage, while swift, has been rocky, with last-minute alterations making the law more vulnerable to a constitutional challenge.

As originally introduced, the bill was a quite sophisticated attempt to repel any constitutional attack. The high court has previously recognised a constitutionally implied freedom of political communication, which limits the powers of the state and federal parliaments to make laws that restrict or prohibit political communication. Parliaments can only enact these laws if they have another legitimate purpose, such as protecting people from harm, and they are targeted to achieving that purpose in a way that minimises restrictions on political communication.

If a law targets particular ideas or political content, rather than being directed at matters such as the place, manner or timing of the communication, then the court may require a “compelling justification” to uphold it. It applies a higher level of scrutiny to laws that burden one side of a political debate over another, because this is seen as distorting the free flow of political communication.

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When Candace Owens Farmer was denied a visa to visit Australia on a speaking tour, she........

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