Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/57131
Title: The limits of political libel: Conscription and the Ryan v the argus libel trial
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2017
Handle Link: https://hdl.handle.net/1959.11/57131
Abstract: 

The conscription referendums of the First World War remain amongst the most divisive events in Australian political history. They sparked a number of libel actions, the most prominent of which was (in effect) between the leaders of the 'pro-' and 'anti-' conscription campaigns in the second referendum in December 1917: WM Hughes and TJ Ryan. The action, which resulted ultimately in an award of contemptuous damages to Ryan, reflected the limits of libel law, particularly in a jury trial, to deal satisfactorily with highly politicised issues such as conscription. Using archival and newspaper sources, this article argues that Ryan's faith in the legal and constitutional issues at the heart of his claim were misplaced given the doctrinal and forensic limits of the defamation action. Moreover, the conflict over the extent of federal power which lay at the heart of the political dispute gave the law of political libel in practice a field of operation with a distinctively Australian context.

Publication Type: Journal Article
Source of Publication: Melbourne University Law Review, 41(2), p. 758-792
Publisher: Melbourne University Law Review Association Inc.
Place of Publication: Australia
ISSN: 1839-3810
0025-8938
Fields of Research (FoR) 2020: 430302 Australian history
480605 Tort law
480499 Law in context not elsewhere classified
Socio-Economic Objective (SEO) 2020: 230499 Justice and the law not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Publisher/associated links: http://www.scopus.com/inward/record.url?eid=2-s2.0-85049369705&partnerID=MN8TOARS
Appears in Collections:Journal Article
School of Law

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