By Professor Adrienne Stone
Two weeks ago, the Federal Court dismissed a challenge by members of Occupy Melbourne against the enforcement of bans on camping and advertising in inner Melbourne’s squares and gardens. Justice North relied in large part on a High Court ruling from March, concerning Samuel Corneloup and his brother Caleb, members of a street church that regularly engaged in preaching on the Rundle Mall in Adelaide. Their noisy preaching gave rise to one of two important freedom of political communication cases in the High Court this year: Attorney-General (SA) v Corporation of the City of Adelaide  HCA 3 (‘Corneloup’s Case’). (The other, Monis v The Queen  HCA 4, is discussed here.)
Adelaide’s preaching ban
Preaching on the Adelaide mall (like other ‘roads’) is subject to Council By-Law No 4 which (subject to exceptions for election campaigning) provides that ‘[n]o person shall without permission on any road
2.3 preach, canvass, harangue, tout for business or conduct any survey or opinion poll …
2.8 give out or distribute to any bystander or passer-by any handbill, book, notice, or other printed matter.
Disputes arose between the Corneloup brothers and the Adelaide City Council over the Corneloups’ preaching that resulted, first, in the conviction of Samuel Corneloup in the Magistrates Court of South Australia in 2010 and, second, in separate proceedings brought by the Council to restrain the Corneloups and others from preaching on the Rundle Mall. Continue reading