Held.pdf

The High Court of Australia ruled on two cases, Clubb v Edwards and Preston v Avery, regarding the implied freedom of political communication in relation to protests about abortion and legislation protecting persons accessing abortion clinics. The cases involved Mrs Clubb, who was convicted for breaching the Public Health and Wellbeing Act 2008 (Vic) by communicating her views on abortion near a clinic, and Mr Preston, who was convicted for breaching the Reproductive Health (Access to Terminations) Act 2013 (Tas) by holding placards opposing abortion near a clinic. The High Court applied the Lange and McCloy tests to determine whether the state legislation interfered with the implied freedom of political communication. The court found that the laws had a legitimate purpose in ensuring the safety and wellbeing of persons accessing medical services and that the restrictions on communication were proportionate to this purpose. The court unanimously dismissed both appeals, finding that safe access zones around reproductive health clinics are constitutionally valid.