Brown v Tasmania
Key Principle
Anti-protest legislation held invalid as an impermissible burden on the implied freedom of political communication; protest is constitutionally protected
The Court struck down provisions of the Tasmanian Workplaces (Protection from Protesters) Act 2014 that created offences for protesting on business premises. Applying the McCloy structured proportionality test, the majority held the laws were not reasonably necessary and placed a disproportionate burden on political communication. The case confirmed that peaceful protest is a form of political communication protected by the implied freedom.