“The Israel Folau case has dominated headlines for months now. Many Australians have been intrigued by the extent to which employers like Rugby Australia are able to control the social media activity of their employees, in that instance a high-profile player who tweeted his condemnation of homosexuals and others. He argues he has been sacked for expressing his religious beliefs.

The High Court has today handed down its decision in another case which raises similar issues around employer silencing of employee free speech. In Comcare v Banerji, the High Court ruled that the federal Government may legitimately restrict the right of public servants to express political views. Those limitations do not breach the implied freedom of political communication in the Constitution. (see: http://eresources.hcourt.gov.au/showCase/2019/HCA/23)”