Levy v. Victoria

189 C.L.R. 579 (1997)

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Levy v. Victoria

Australia High Court
189 C.L.R. 579 (1997)

KS

Facts

In Australia, duck hunting was highly contentious, with animal-welfare activists often protesting hunters and hunting grounds. In the state of Victoria (defendant), the Wildlife (Game) (Hunting Season) Regulations (the hunting-season regulations) prevented the entry of any individual into hunting areas during specific hours unless the individual held a valid hunting license. Laurence Levy (plaintiff) entered a hunting area without the required hunting license to gather evidence of the cruelty of duck hunting, to raise public awareness of the cruelty of duck hunting, and to protest duck hunting. Levy was arrested, removed from the hunting ground, and charged by Victorian authorities with violating the hunting-season regulations. Levy filed a lawsuit against Victoria, arguing that the hunting season regulations impermissibly restricted his freedom of political communication, which was protected by the Australian constitution. Levy contended that he had a constitutional right to engage in political communication about his protest at the hunting ground, including televising his presence at the hunting ground, and that any restriction on his access to the hunting ground violated his constitutional rights. Victoria filed a demurrer, arguing that the hunting-season regulations were constitutional.

Rule of Law

Issue

Holding and Reasoning (Brennan, C.J.)

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