Attorney General v Smith Flashcards
Facts
Smith sought permission to wear a wig to cover his bald head, when permission was denied, he claimed that they were breaching his freedom of expression.
Solicitor - General
There is no expression. It only makes Smith feel better it does not communicate any content or ideas.
Smith
There is expression, self esteem and confidence engages the freedom of expression.
What is expression?
Can be ‘as wide as human thought and imagination’. Includes non - verbal, symbolic conduct.
Not expression
Something uncommunicative. Without more ‘they communicate nothing of meaning requiring protection’.
Is the Court of Appeal correct?
Pointon tried to stand out. Smith tried to fit in. This means no communicative conduct.