Before the High Court: Abortion Protests and the Limits of Freedom of Political Communication: Clubb v Edwards; Preston v Avery
Shireen Morris, Adrienne Stone
Sydney Law Review | Sydney Law School | Published : 2018
Two cases currently before the High Court of Australia — Clubb v Edwards and Preston v Avery — raise the validity of state laws that seek to prohibit certain communication and protest outside abortion clinics. The laws are justified on the basis that they protect the ‘safety’, ‘dignity’, ‘well-being’ and ‘privacy’ of those seeking abortion services. The cases therefore pose the question of how these values are accommodated within the Australian system of representative and responsible government.
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Kathleen Fitzpatrick Australian Laureate Fellow; Redmond Barry Distinguished Professor; Director, Centre for Comparative Constitutional Studies, Melbourne Law School, University of Melbourne, Victoria, Australia. Research for this comment was supported by the Australian Research Council through the Laureate Program in Comparative Constitutional Law at Melbourne Law School.