Public sector employees and the freedom of political communication

Abstract

This article considers the Australian Public Service guidelines on public comment on social media in terms of the constitutionally protected freedom of political communication. It argues the guidelines are excessively broad, and go beyond legitimate government interests, significantly affecting the speech of government employees. Such employees have a significant contribution to make to the kind of political debates that are necessary in a functional democracy. It argues there is a real question regarding the compatibility of the guidelines with the constitutionally implied freedom of political communication.