![]() Hoyt and Brown sought to impugn sections 6, 7, 8, 11 and 13 and Pt 4 of the Protesters Act. Hoyt was also arrested after failing to leave the forest. He was arrested after he was instructed by two police officers to leave the forest premises. Hoyt, a native of Lapoinya, an area in Tasmania, founded a community group to protest the forest operations undertaken by Forestry Tasmania.īrown was filming the operations in order to raise awareness about the environmental impact of logging in the forest. According to the Court, the law did place an undue burden on the freedom of political communication as its ambiguity granted excessive police powers and the law went further than was reasonably necessary.Įnvironmental activists Robert Brown and Jessica Hoyt challenged before the High Court of Australia the constitutionality of several provisions of the Workplaces (Protection from Protesters) Act 2014, known as the ‘Protesters Act’, alleging that it infringed the implied freedom of communication in the Australian Constitution.īrown is a former senator and founder of Australian Greens – an environmental movement and political party – and has participated in public demonstrations since the 1970s. The Court, however, deemed that the impugned sections of the Protesters Act were invalid and contrary to Australia’s Constitution. ![]() The state also asserted that the Act’s sole purpose was to prevent any form of obstruction of a lawful business activity. Tasmania, in turn, conceded that the Protesters Act may place a slight burden on the freedom, but that it did not apply to the facts in this case. According to the plaintiffs, the law placed an undue burden on the freedom of political communication and prevented any form of political, environmental, social, cultural or economic protest. Two environmental activists challenged the Protesters Act, a law that placed several restrictions to protesters on forestry land.
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