Article Title

Finding the streams' true sources: The implied freedom of political communication and executive power


In this article, we explore the implied freedom of political communication’s (‘implied freedom’s’) application to executive power at the Commonwealth, State and Territory levels. We propose that the proportionality test used by the plurality in McCloy v News South Wales be adapted to executive actions affecting the implied freedom. We then illustrate our proposed approach by applying it to the case of Chief of the Defence Force v Gaynor.


implied freedom, political communication, executive power

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