Professor Katharine Gelber

Professor

School of Political Science and International Studies
Faculty of Humanities and Social Sciences
k.gelber@uq.edu.au
+61 7 336 52910
0408 441 576

Overview

Professor Gelber researches freedom of speech, human rights and public discourse. She is the recipient of several ARC grants on these topics, including a Future Fellowship (2012-2015): 'Free Speech After 9/11'. In November-December 2017, she will be a Visiting Scholar at the Global Freedom of Expression Project, Columbia University, New York. She is also jointly hosting, with Prof Susan Brison, a workshop at the Princeton University Center for Human Values on the topic, 'Free Speech and its Discontents'. In 2014, with Prof Luke McNamara, she was awarded the Mayer journal article prize for the best article in the Australian Journal of Political Science in 2013. In 2011 she was invited by the United Nations to be the Australian Expert Witness at a regional meeting examining States' compliance with the free speech and racial hatred provisions of international law. In 2009 she presented the Mitchell Oration in Adelaide on the topic 'Freedom of Speech and its Limits'.

Professor Gelber is a Fellow of the Academy of Social Sciences Australia, and an elected member of the Academic Board, University of Queensland 2018-2020. She is a former President of the Australian Political Studies Association, and still serves on its Executive Committee. She is Chair of the Local Organising Committee for the 2018 World Congress of the International Political Science Association, Brisbane.

Selected publications:

Books

Gelber, K 2016 Free Speech After 9/11, Oxford University Press, Oxford.

Gelber, K 2011. Speech Matters: Getting Free Speech Right, University of Queensland Press, St Lucia.

Panzironi, F & Gelber, K (eds) 2012. The Capability Approach: Development Practice and Public Policy in the Asia-Pacific Region, Routledge, London.

Refereed journal articles

Gelber, K 2017 ‘Diagonal Accountability: Freedom of Speech in Australia’, Australian Journal of Human Rights 23(2): 203-219.http://dx.doi.org/10.1080/1323238X.2017.1363371 (Published in Special Issue: ‘Democracy and Human Rights’)

Gelber, K 2017 ‘Hate Speech – Definitions and Empirical Evidence’, Constitutional Commentary 32: 101-111.

Gelber, K 2017 ‘Incitement to hatred and countering terrorism – policy confusion in the UK and Australia’, Parliamentary Affairs (online first): https://doi.org/10.1093/pa/gsx008.

Gelber, K & McNamara, L 2016 'Anti-vilification laws and public racism in Australia: mapping the gaps between the harms occasioned and the remedies provided', University of New South Wales Law Journal 39(2): 488-511.

Gelber, K & McNamara, L 2015 ‘Evidencing the harms of hate speech’, Social Identities, 22 (1-3): 324-341. DOI: 10.1080/13504630.2015.1128810.

Gelber, K & McNamara, L 2015 ‘The effects of civil hate speech laws: lessons from Australia’, Law and Society Review 49(3): 631-664. DOI: 10.1111/lasr.12152.

Gelber, K & McNamara, L 2014 ‘Changes in the expression of prejudice in public discourse in Australia: assessing the impact of hate speech laws on letters to the editor 1992-2010’ Australian Journal of Human Rights 20(1): 99-128.

Dunne, T. and Gelber, K 2014 ‘Arguing Matters: The Responsibility to Protect and the case of Libya’, Global Responsibility to Protect 6(3): 326-349.

Gelber, K & McNamara, L 2014 ‘Private Litigation to address a Public Wrong: A study of Australia’s regulatory response to ‘hate speech’’, Civil Justice Quarterly 33(3): 307-334.

Gelber, K & McNamara, L 2013 ‘Freedom of speech and racial vilification in Australia: ‘The Bolt case’ in public discourse, Australian Journal of Political Science 48(4): 470-484. [Winner of the 2014 Mayer journal article prize awarded by the Australian Political Studies Association]

Gelber, K 2013 ‘Secrecy provisions in Australian counter terrorism policy: violating international human rights standards?’ Australian Journal of Human Rights 19(2): 25-46.

Gelber, K 2012. ‘Political Culture, Flag Use and Freedom of Speech’, Political Studies, 60(1): 163-179.

Gauja, A & Gelber, K 2011. ‘High Court Review 2010: The Resurgence of Rights?’, Australian Journal of Political Science 46(4): 683-698.

Book chapters

Gelber, K 2018 (forthcoming) ‘Capabilities and the Law’, in E Chiapperro-Martinetti, S Osmani & M Qizilbash eds The Cambridge Handbook of the Capability Approach Cambridge University Press, Cambridge.

Gelber, K & Stone, A 2017 ‘Constitutions, Gender and Freedom of Expression: the Legal Regulation of Pornography', in Helen Irving ed. Constitutions and Gender, Edward Elgar, Cheltenham: 463-481, DOI: 10.4337/9781784716967.

Gelber, K 2016 ‘Critical Race Theory and the constitutionality of hate speech regulation’, in R Dixon & G Appleby (eds) The Critical Judgments Project: Re-reading Monis v The Queen, Federation Press, Sydney: 88-102.

Dunne, T & Gelber, K 2015 ‘Argumentation and the Responsibility to Protect: The case of Libya’, in Kurt Mills and David Karp (eds) Human Rights Protection in Global Politics: Responsibilities of States and Non-State Actors, Palgrave Macmillan, Basingstoke: 288-308.

Gauja, A & Gelber, K 2015 ‘The French Court’ in Rosalind Dixon and George Williams (eds) The High Court, the Constitution and Australian Politics, Cambridge University Press, Melbourne: 311-326.

Gelber, K 2012. ‘”Speaking back” – the Likely Fate of Hate Speech Policy in the United States and Australia’, in Ishani Maitra & Mary Kate McGowan (eds) Speech and Harm: Controversies over Free Speech, Oxford University Press, Oxford.

Gelber, K 2012. ‘Nussbaum’s Capabilities Approach and Freedom of Speech’, in Francesca Panzironi & Katharine Gelber (eds). The Capability Approach: Development Practice and Public Policy in the Asia-Pacific Region, Routledge, London: 38-52.

Gelber, K 2012. ‘Reconceptualising Counter-speech in Hate Speech Policy (with a Focus on Australia)’, in Michael Herz & Peter Molnar (eds) The Content and Context of Hate Speech: Rethinking Regulation and Responses, Cambridge University Press, New York: 198-216.

Research Interests

  • Free Speech After 9/11
    This ARC-funded project (2012-2015) compares free speech-limiting provisions enacted or amended in the context of counter-terrorism laws in the US, the UK and Australia.
  • Hate speech laws in public discourse in Australia
    With Prof Luke McNamara (Wollongong), this is a large ARC-funded research project examining the impact of hate speech laws on public discourse in Australia since they were introduced twenty five years ago.
  • International hate speech laws
    Prof Gelber has an interest in international hate speech laws, their operation and their effectiveness. She has published widely in these areas, and is currently participating in a number of research projects on this topic.
  • The internet and free speech
    With Prof Susan Brison (Dartmouth), Prof Gelber is developing a new research project looking at how people exercise their freedom of speech online, and whether (and how) the online environment changes how we think about fundamental aspects of free speech theory.

Research Impacts

Professor Gelber regularly consults with anti-discrimination and human rights authorities in Australia regarding the operation and effectiveness of anti-vilification laws. She regularly makes submissions to government and parliamentary inquiries into policy areas including counter terrorism, censorship regulations and anti-vilification laws. She gives media interviews on radio, television and to newspaper journalists (eg Gelber, K 2016 ‘Free Speech and its limits’, ABC Radio National Sunday Breakfast, 8 May).

Qualifications

  • Doctor of Philosophy, The University of Sydney
  • Bachelor of Arts (Honours), The University of Sydney
  • Bachelor of Arts, University of Tasmania

Publications

View all Publications

Supervision

View all Supervision

Publications

Book

Book Chapter

  • Gelber, Katharine and Stone, Adrienne (2017). Constitutions, gender and freedom of expression: the legal regulation of pornography. In Helen Irving (Ed.), Constitutions and gender (pp. 463-481) Cheltenham, United Kingdom: Edward Elgar. doi:10.4337/9781784716967

  • Gelber, Katharine (2016). Critical race theory and the constitutionality of hate speech regulation. In Gabrielle Appleby and Rosalind Dixon (Ed.), The Critical Judgments Project: re-reading Monis v the Queen (pp. 88-102) Annandale, NSW, Australia: Federation Press.

  • Dunne, Tim and Gelber, Katharine (2015). Argumentation and the responsibility to protect: the case of Libya. In Kurt Mills and David Jason Karp (Ed.), Human rights protection in global politics: responsibilities of states and non-state actors (pp. 288-308) Basingtoke, United Kingdom: Palgrave Macmillan.

  • Gauja, Anika and Gelber, Katharine (2015). The French court. In Rosalind Dixon and George Williams (Ed.), The High Court, the Constitution and Australian Politics (pp. 311-326) Port Melbourne, VIC, Australia: Cambridge University Press. doi:10.1017/CBO9781107445253.016

  • Gelber, Katharine (2014). McLeod v Power [2003] FMCA 2: commentary. In Francesca Bartlett, Trish Luker, Heather Douglas and Rosemary Hunter (Ed.), Australian Feminist Judgments: Righting and Rewriting Law (pp. 405-408) Oxford, United Kingdom: Hart Publishing.

  • Gelber, Katharine (2012). 'Speaking back': the likely fate of hate speech policy in the United States and Australia. In Ishani Maitra and Mary Kate McGowan (Ed.), Speech and harm: controversies over free speech (pp. 50-71) Oxford, United Kingdom: Oxford University Press.

  • Gelber, Katharine and Panzironi, Francesca (2012). Introduction. In Francesca Panzironi and Katharine Gelber (Ed.), The capability approach: development practice and public policy in the Asia-Pacific region (pp. 1-6) London, United Kingdom: Routledge.

  • Gelber, Katharine (2012). Nussbaum's capabilities approach and freedom of speech. In Francesca Panzironi and Katharine Gelber (Ed.), The capability approach: Development practice and public policy in the Asia-Pacific region (pp. 38-52) London, United Kingdom: Routledge.

  • Gelber, Katharine (2012). Reconceptualizing counterspeech in hate-speech policy (with a focus on Australia). In Michael E Herz and Peter Molnar (Ed.), The content and context of hate speech : Rethinking regulation and responses (pp. 198-216) New York , NY, U.S.A.: Cambridge University Press.

  • Gelber, Katharine (2012). The courts. In Rodney Smith, Ariadne Vromen and Ian Cook (Ed.), Contemporary politics in Australia: theories, practices and issues (pp. 260-270) Port Melbourne, VIC, Australia: Cambridge University Press.

  • Gelber, Katharine (2011). Religion and freedom of speech in Australia. In Richard Mohr and Nadirsyah Hosen (Ed.), Law and religion in public life: The contemporary debate (pp. 95-111) Oxon, United Kingdom: Routledge.

  • Gelber, Katharine (2011). The role of the Constitution in major social conflicts. In Jurgen Brohmer (Ed.), The German Constitution Turns 60 : Basic Law and Commonwealth Constitution, German and Australian Perspectives (pp. 129-144) Frankfurt am Main, Germany: Peter Lang Publishing.

  • Gelber, Katharine (2007). Citizens engaging and communicating with government. In Sally Young (Ed.), Government communication in Australia (pp. 270-283) Port Melbourne, VIC, Australia: Cambridge University Press.

  • Gelber, Katharine (2007). Hate speech and the Australian legal and political landscape. In Katharine Gelber and Adrienne Stone (Ed.), Hate speech and freedom of speech in Australia (pp. 2-19) Annandale, NSW, Australia: Federation Press.

  • Gelber, Katharine and Stone, Adrienne (2007). Introduction. In Katharine Gelber and Adrienne Stone (Ed.), Hate speech and freedom of speech in Australia (pp. xiii-xvii) Sydney: Federation Press.

  • Gelber, Katharine (2007). Privileged discourses of hate in Australia and Germany : The Holocaust and the Stolen Generations. In Anja Schwarz and Russell West-Pavlov (Ed.), Polyculturalism and discourse (pp. 91-120) Amsterdam: Rodopi.

  • Gelber, Katharine (2007). When are restrictions on speech justified in the war on terror?. In Andrew Lynch, Edwina Macdonald and George Williams (Ed.), Law and liberty in the war on terror (pp. 138-146) Sydney: Federation Press.

  • Gelber, Katharine (2005). Australia as international human rights citizen: Understanding national interest. In Russell West-Pavlov (Ed.), Who's Australia - Whose Australia? Contemporary politics, society and culture in Australia (pp. 11-30) Trier, Germany: Wissenschaftlicher Verlag Trier.

Journal Article

Conference Publication

Other Outputs

PhD and MPhil Supervision

Current Supervision

  • Doctor Philosophy — Principal Advisor

    Other advisors:

  • Doctor Philosophy — Principal Advisor

    Other advisors:

  • Doctor Philosophy — Principal Advisor

    Other advisors:

  • Doctor Philosophy — Associate Advisor

    Other advisors:

  • Doctor Philosophy — Associate Advisor

    Other advisors:

  • Doctor Philosophy — Associate Advisor