A MAN convicted over his part in the 2004 Palm Island riot is appealing to the High Court over a ban on talking to the media imposed as a condition of his parole.

Lawyer Stewart Levitt said the two-day case had important implications for freedom of speech.

"The core issue to be determined by the High Court is whether a state can have the right to curb a citizen's right to attend public meetings, to speak publicly to the media on political issues, whether or not he is a prisoner or released on parole," he said today.

The riot on Palm Island, off the coast of north Queensland, took place in November 2004 and followed the death of an Aboriginal man in a police cell.

Some 400 rioters burned down the courthouse and police station during the riot. Subsequently 28 participants were charged, with Lex Wotton convicted in 2008 and sentenced to six years.

He was released on parole in July 2010 after serving 20 months.

Conditions of his parole stipulate that he can't attend public meetings on Palm Island without prior approval, can't speak with the media and is prohibited from gambling or attending any premises where gambling is conducted.

Mr Wotton's legal team, headed by former federal court justice Ron Merkel QC, is challenging the state of Queensland, arguing that the provisions of the Queensland Protective Services Act breach his implied right to free speech and are unconstitutional.

Queensland is arguing that Mr Wotton technically remains a prisoner and prisoners lose many rights.

"In particular, persons in prison no longer have the freedom to associate with anyone they wish and they are subject to a host of restrictions that do not apply to ordinary members of the community," Queensland solicitor-general Walter Sofronoff said in a submission to the court.

Mr Wotton's lawyers agree parolees face some restrictions but say what was imposed on Mr Wotton is exceptional.

That's a view backed by prominent civil liberties lawyer Rob Stary.

"In my 30 years as a lawyer, I never remember a gag order being a condition of parole. This is completely unprecedented," he said.

Originally published as Aboriginal man challenges media ban