On 18 October 2017, the High Court handed down its decision in Brown v Tasmania. By majority, the Court held that certain sections of the Workplaces (Protection from Protesters) Act 2014 (Tas), in their operation in respect of forestry land, were invalid because they impermissibly burden the implied freedom of political communication in the Commonwealth Constitution. This e-brief provides an overview of the reasons of the majority. It also considers the implications of the decision for protest laws in NSW.
