Corrigendum to Calibrated Proportionality

Date01 September 2020
DOI10.1177/0067205X20940447
Publication Date01 September 2020
SubjectCorrigendum
Corrigendum
Corrigendum to
Calibrated Proportionality
Rosalind Dixon, ‘Calibrated Proportionality’ (2020) 48(1) Federal Law Review 92–122.
In Table 2 of this article, the first line in last column should be ‘Factors attracting heightened
scrutiny’ instead of ‘Factors attracting close scrutiny’. Please see the updated table below.
Table 2. Calibrating judgments about adequacy in the balance.
Reduced scrutiny
«
Ordinary scrutiny
«
Heightened scrutiny
«
‘Close’ or the most
demanding scrutiny
Non-content-based
regulation
Minimal burden on
expression
No direct nexus of
expression to
political matters
Content-based regulation
Moderate burden on expression
– ie, leaves open adequate
alternative channels of
communication
Some nexus of expression to
political matters
No immediate nexus between
expression and elections
Content-based
regulation
Significant burden on
expression,
including via
potential
‘deterrent’ effects
Direct/close nexus of
expression to
political matters
No immediate nexus
between
expression and
elections
Factors attracting
heightened scrutiny
and
Close nexus between
expression and
elections
and/or
Regulation
discriminates by
viewpoint, targets
criticism against
government
and/or
against one or other
political party/side
of electoral politics
Federal Law Review
2020, Vol. 48(3) 432
ªThe Author(s) 2020
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DOI: 10.1177/0067205X20940447
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