The use of proportionality as a test of constitutional validity starts from the perspective that the freedom of political communication is not unlimited and that the various Australian parliaments may make valid laws that affect the exercise of political communication and it is generally up to the parliament to exercise the value judgment as to whether it should make that value judgment. The question therefore involves the High Court itself making a value judgement about whether the pursuit of a legitimate purpose goes too far. In this regard the debate is the extent to which the High Court defers to the value judgment made by the parliament.
