The High Court in Australia has upheld charges against two people who were allegedly involved in sending offensive letters to the families of Australian soldiers killed in Afghanistan.

Man Haron Monis had appealed to the High Court against the charges of using the postal service to allegedly send the offensive messages, but it was dismissed.

Amirah Droudis was charged with aiding and abetting.

The letters were sent to relatives of soldiers killed while in Afghanistan, and in one case to the mother of an Austrade official killed in Indonesia.

They opened with condolences but went on to criticise Australia's involvement in Afghanistan and condemn those who died.

Three justices found the law protects the community from such communications but three others found the law was at odds with the Constitution.

Lawyers for the pair argued the charges breached the constitutional right to freedom of political speech.

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