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- Title
Comment: Implementing Protest-free Zones around Abortion Clinics in Australia.
- Authors
Jones, Eleanor
- Abstract
This article considers the 'Access Zones' provisions of the Reproductive Health (Access to Terminations) Act 2013 (Tas) that implement protest-free zones around abortion clinics. It will be argued that reform designed to insulate the public space around abortion clinics from political debate is well intentioned, but constitutionally dubious. Such provisions squarely confront the current division of the High Court on the issue of whether offensive political communication that is not likely to provoke a violent or actual breach of the peace can be legitimately burdened in the name of upholding 'public order' and 'contemporary standards' alone. Although it is not entirely clear how such a challenge would be received, it is evident that the questionable constitutionality of protest-free zones around abortion clinics provides a likely vehicle for High Court consideration of these issues.
- Subjects
REPRODUCTIVE health; ABORTION clinics; BREACH of the peace; PUBLIC policy (Law); AUSTRALIA. High Court
- Publication
Sydney Law Review, 2014, Vol 36, Issue 1, p169
- ISSN
0082-0512
- Publication type
Article