McCloy v New South Wales
Key Principle
Introduced structured proportionality testing (suitability, necessity, adequacy in balance) into the implied freedom of political communication
The Court upheld NSW caps on political donations and bans on donations by property developers. In doing so, the majority introduced a structured proportionality test replacing the reasonableness standard from Lange v ABC. The new test requires that a law burdening political communication be suitable, necessary, and adequate in its balance of the competing interests. This fundamentally changed the analytical framework for all implied freedom cases.