Coleman v Power & Ors B6/2002

This matter concerned an appeal to the High Court of Australia from a decision of the Supreme Court of Queensland. The appellant, Mr. Coleman, had been convicted of an offence under section 7(1)(d) of the Public Assembly Act 1991 (Qld), which prohibited the display of offensive material in a public place. The material in question was a banner displayed during a public assembly, which contained the words "KILL FOR CHRIST". Mr. Coleman argued that his conviction was invalid, contending that the provision under which he was convicted was invalid by reason of inconsistency with the implied freedom of political communication guaranteed by the Australian Constitution.

The High Court was required to determine whether section 7(1)(d) of the Public Assembly Act 1991 (Qld) was invalid on the ground that it impermissibly burdened the implied freedom of political communication. This involved considering the nature of the implied freedom, the scope of the power of the Queensland Parliament to legislate in relation to public assemblies, and the extent to which the impugned provision might inhibit or burden political discourse. The Court also had to assess whether any such burden was reasonably appropriate and adapted to serve a legitimate purpose.

Gaudron and Gummow JJ, in their joint judgment, found that the implied freedom of political communication is a fundamental aspect of the Australian system of representative and responsible government. They held that while the State has a legitimate interest in regulating public assemblies to maintain public order and safety, the prohibition on displaying offensive material, as enacted by section 7(1)(d), was not reasonably appropriate and adapted to achieving that purpose. The broad and unqualified nature of the prohibition meant that it could extend to expressions that, while offensive to some, were integral to political debate. Consequently, the provision was found to be invalid for impermissibly burdening the implied freedom.