Abstract

In recent years, free speech debates have featured unusually prominently in public debate in Australia. At the same time, significant restrictions on freedom of speech have been enacted in the context of counterterrorism legislation, asylum-seeker policy, and anti-protest laws. This article critically analyses these policy developments through the lens of a capabilities approach-informed analysis of the importance of free speech. This engenders an understanding of the constitutive role of speech in individuals’ lives, and through that its vital role in democratic deliberation and legitimation. I will argue that many of the restrictions placed on free speech in Australia in recent years place democratic processes of deliberation and legitimation at risk.