The Constitutionality of Communication Prohibitions Around Abortion Clinics

The Western Australian Jurist, 2018

22 Pages Posted: 12 Feb 2020

See all articles by Greg Walsh

Greg Walsh

The University of Notre Dame Australia

Date Written: 2018

Abstract

Laws prohibiting a range of conduct in the vicinity of a hospital, clinic or other premise that performs abortions have been enacted in Tasmania, Victoria, the Australian Capital Territory and the Northern Territory. One of the prohibitions involves preventing certain types of communication around premises that perform abortion. It is unclear whether this prohibition is consistent with the implied freedom of political communication. A central consideration in determining whether the prohibition is compatible with the implied freedom is the extent of the burden imposed on political communication. The prohibition may be unconstitutional as it places a substantial burden on political communication.

Keywords: abortion, freedom of speech, abortion clinics, freedom of political communication

Suggested Citation

Walsh, Greg, The Constitutionality of Communication Prohibitions Around Abortion Clinics (2018). The Western Australian Jurist, 2018, Available at SSRN: https://ssrn.com/abstract=3521597

Greg Walsh (Contact Author)

The University of Notre Dame Australia ( email )

Sydney
Sydney, NSW 2000
Australia

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