Suddenly the law seems to be very selective. Especially when it comes to speech.
For instance, there is no implied constitutional freedom of political communication when it comes to abortion, as found in the courts last week:
Religious picketer Kathy Clubb, a mother to 13 children, was found guilty of one charge of prohibited behaviour within a safe access zone, after she allegedly approached a couple outside East Melbourne Fertility Control Clinic and tried to hand them pamphlets in August 2016.
Clubb became the first person in Victoria to be charged under laws which were formally passed in November 2015 and make it illegal to protest within 150 metres of an abortion clinic…
But on October 6 a magistrate ruled the zones were constitutional and proceeded to deal with the criminal charge against Clubb.
Castan Centre for Human Rights Law deputy director Dr Ronli Sifris said the magistrate took the view that abortion was a “medical issue, not a political issue” and emphasised the fact that anti-abortion protests could still occur outside the exclusion zone.
“She, therefore, held that there was no impermissible burden on political communication and that Victoria’s safe access zone legislation is constitutionally valid,” Sifris said.
You’re not allowed to hand out leaflets around abortion clinics explaining that a child’s heart is actually beating or offering to assist a pregnant woman in crisis.
However, government laws that prevent protestors from stopping logging operations are unconstitutional it has been ruled today:
The ability of state governments to curtail anti-logging and mining protests has been clipped by the High Court, in a landmark ruling.
Australia’s highest court earlier today struck down parts of Tasmanian legislation allowing protesters to be banned from forestry areas, ruling they overly impinged on the Constitution’s implied freedom of political communication…
..Former Greens leader Bob Brown took the case to the High Court, along with Tasmanian nurse Jessica Hoyt, after both were arrested near a controversial logging site in the state’s northwest in January 2016.
Dr Brown joined human rights advocates in hailing the six-to-one majority judgment a victory for the environment, democracy and the freedom to protest.
“I am delighted with the judgment by the High Court of Australia,” Dr Brown said. “Today is a great day for the forests, wildlife and all of nature in Tasmania and around Australia. And a great day for the fundamental right of Australians to peaceful protest.
Bob Brown helped to create the party that is leading the charge to make it illegal to even express concern about abortion in churches and homes near abortion centres. Yet he talks about the ‘right’ of Australians to a peaceful protest. That right only seems to exists if you protest for leftist causes.
And when it comes to the law, trees are more important than babies…