Before the High Court: Abortion Protests and the Limits of Freedom of Political Communication: Clubb v Edwards; Preston v Avery

(2018) 40(3) Sydney Law Review 397- 409

U of Melbourne Legal Studies Research Paper No. 804

16 Pages Posted: 11 Dec 2018

See all articles by Shireen Morris

Shireen Morris

Macquarie Law School

Adrienne Stone

University of Melbourne - Law School

Date Written: December 11, 2018

Abstract

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.

Keywords: Constitutional law, freedom of speech, abortion

JEL Classification: K00, K39

Suggested Citation

Morris, Shireen and Stone, Adrienne, Before the High Court: Abortion Protests and the Limits of Freedom of Political Communication: Clubb v Edwards; Preston v Avery (December 11, 2018). (2018) 40(3) Sydney Law Review 397- 409, U of Melbourne Legal Studies Research Paper No. 804, Available at SSRN: https://ssrn.com/abstract=3299233

Shireen Morris

Macquarie Law School ( email )

North Ryde
Sydney, New South Wales 2109
Australia

Adrienne Stone (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

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