Free Speech Balanced on a Knife’s Edge: Monis v The Queen

By Professor Adrienne Stone

Monis v The Queen Case Page

In Monis v The Queen [2013] HCA 4, it was alleged that Monis (aided and abetted by Droudis) wrote letters to relatives of Australian soldiers killed in active service in Afghanistan and to the relative of an AusAid official killed by a bomb in Indonesia. The letters expressed opposition to the war in Afghanistan in ‘intemperate and extravagant terms’ and directly insulted those who had died, including describing them as murderers and comparing them to Hitler. These allegations bear an uncanny resemblance to those of Snyder v Phelps, a controversial recent decision of the United States Supreme Court. The Supreme Court found that the Westboro Baptist Church had a right under the First Amendment to the Constitution of the United States to picket the funerals of American soldiers in order to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in the American military. Continue reading