- Tajjour v New South Wales; Hawthorne v New South Wales; Forster v New South Wales  HCA 35
Implied freedom of political comment – whether implied freedom of personal association
In Tajjour v New South Wales; Hawthorne v New South Wales; Forster v New South Wales  HCA 35 (8 October 2014) s 93X of the Crimes Act 1900 (NSW) made it an offence for a person to habitually consort with convicted offenders after a warning by police not to do so.
Tajjour and others commenced proceedings in the NSW Supreme Court seeking declarations that this provision was invalid for impermissibly burdening the implied freedom of communication on political and governmental matters implied into the Constitution as a limit on legislative power.
The proceeding was removed into the High Court and questions stated for a Full Court. The majority of the Full Court concluded the provision was not invalid on this ground: Hayne J; Crennan, Kiefel, Bell JJ jointly; Gageler J; contra French CJ.
The majority also concluded there was no implied freedom of association other than that recognised for communication on government matters and the provision was not invalid for contravening any implied freedom of association arising from recognition by the Commonwealth of the International Convention on Civil and Political Rights. Questions answered accordingly.