ABSTRACT

R e c e n t decisions in the courts have encouraged discussion of the extent to which the common law does or should place a high or higher value on political expression.1 Some scholars argue for a more explicit recognition of the high value of political speech,2 and would seek, for example, to “constitutionalise” defamation laws.3 Others have adopted a more sceptical attitude to the desirability of importing American approaches to freedom of expression generally4 or to the privileging of political speech as a category.5