Libertarians view freedom of speech as the bedrock of a free society, enabling open debate and the exchange of ideas. Suppressing certain viewpoints as unlawful stifles intellectual progress and harms both those censored and those denied access to their ideas. True commitment to free speech means protecting all expression, including unpopular or offensive speech. The Libertarian Party NSW advocates the following measures:
1. Enshrine Freedom of Speech
The First Amendment to the United States Constitution has made the USA a global leader in free speech. A similar amendment should be adopted in NSW, stating:
"The Legislature shall make no law respecting an establishment of religion or prohibiting its free exercise; or abridging the freedom of speech or of the press; or the right of the people to peaceably assemble and petition the Government for a redress of grievances."
2. Stop Political Censorship.
Allowing governments or bureaucrats to define what constitutes "hate speech" is extremely dangerous as it hands those in power a subjective tool to silence dissent, unpopular opinions, or any criticism they dislike. History shows such laws are inevitably abused to protect the powerful rather than the vulnerable. Similarly, banning symbols, gestures, or colours sets a precedent that the state can criminalise expression based on its own political preferences. True freedom of speech must include the right to express offensive or controversial ideas.
3. Repeal Restrictions on Political Donors and Donations.
Financial support for political parties, candidates, or ideas is a form of speech. Banning donations from specific industries or imposing donation caps silences democratic voices and entrenches established parties that can rely on public funding.
4. Oppose Social Media Content Censorship.
No laws should regulate online misinformation or disinformation. Governments and bureaucrats should not have the authority to determine the truth or falsity of content as they will inevitably censor criticism of themselves.
5. Set Higher Standards for Incitement Laws
Incitement to violence is a reasonable limit on freedom of speech, but New South Wales incitement laws are overly broad and function partly as an extension of anti-discrimination law. References to immutable characteristics in the legislation enable misuse, restricting lawful expression. Reforming these laws to require: intent, likelihood and imminence, for all incitement charges (as is the case in the United States) would protect free speech while addressing genuine threats.
6. Protect Councillors' Free Speech.
Elected local councillors should be protected by a form of qualified privilege similar to parliamentary privilege. This would shield them from civil liability for statements made during council meetings, enabling open debate on local issues without fear of vexatious legal action designed to silence dissent.