How defending abortion rights becomes a free speech battle

The abortion wars have not abated. In Victoria, they have recently escalated into a full-on free speech fight as Melbourne City Council targets Radical Women for harassment, including large fines, as they attempt to defend an abortion clinic from far right anti-abortion activists. This has become an important test case not only in the campaign for abortion rights but for the right to protest in Melbourne.

Related: The Age | Radical Women Website

Victorians celebrated a stunning win in October 2008, when Parliament decriminalised abortion. But a far-right anti-choice movement, representing only 10% of the population, is working to return abortion to the Crimes Act. The Fertility Control Clinic in East Melbourne remains its target: religious zealots daily hound and stalk women who walk in and out of the clinic and just pass by.

For more than five years, Radical Women and other pro-choice activists have defended the clinic every fourth Saturday morning against the Helpers of God’s Precious Infants. By standing outside the entrance, we force the fanatics to the other side of Wellington Parade, well away from the clinic. We stand behind our banner, “Free abortion on demand Now!” and chant pro-choice slogans through our megaphones. The thumbs up and honks of support from passing cars make these mornings alive with solidarity.

All this time, no state authority intervened, either to stop the harassers or to impede our defence of the clinic. Not until early 2010. In March, a local laws officer approached the clinic defenders for the first time to tell us that our sound system was in breach of a bylaw on amplification. Council would confiscate the equipment, he said, if we didn’t turn it off. The offence we committed, according to the Council’s Legal Department is: “using amplification to compete with another protest group across the street.” In other words, exercising our right to free speech and protest to defend women’s abortion rights. We continued our actions as usual, and the Council did not follow up on this threat. Then, in October, we were issued a Notice to Comply for our banner. Our offence this time was “erecting an advertising sign or other thing.” We were informed that our banner is an “other thing.” We were told that we were not being fined at this point. We have since read in the media that we are being fined between $250 and $1,250.

All along, the Council denies that it is breaching its obligations under Victoria’s Charter for Human Rights and Responsibilities, which requires local councils to uphold the rights to protest and free speech. This means upholding people’s rights to “compete” against corporate powers and their rightwing foot soldiers – over reproductive rights, union rights, refugee rights, Aboriginal rights, queer rights, environmental justice, and any rights we must defend and fight for.

This begs the question: Why is the Council going after the clinic defenders? Why now, after 40 years of anti-abortion violence – which includes the murder of Steve Rogers, the clinic’s security guard, nine years ago? Why, after four years, does the Council find pro-choicers defending the clinic offensive – knowing full well that if we weren’t there, then 60 or more Helpers of God’s Precious Infants would be standing at the clinic gates!

Whatever is motivating the Council, its harassment coincides with the buildup of a concerted rightwing assault on abortion rights, from Victoria to Queensland and worldwide. By its actions against the clinic defenders, Melbourne City Council is doing no favours for abortion rights, and particularly for the women needing the clinic’s services. To stand up for these women — and ultimately to end all anti-choice harassment — we need to build a strong, grassroots reproductive rights movement. To do this, we must hit the streets, speak out, protest and organise!

This fight belongs to everyone. If Melbourne City Council feels it can pursue clinic defenders, then it will go after any group it doesn’t like, and it will go on to remove protests from its streets. We cannot let this happen.

To support the campaign for free speech and protest rights, please sign and distribute the statement, attached to this article as a pdf, which will go to Melbourne City’s Councillors, demanding that the Council withdraw the Notice to Comply, adhere to its obligations under Victoria’s Charter for Human Rights and Responsibilities to uphold the rights of free speech and protest, and to stop its punitive actions.

To find out more and get involved, Radical Women would like to hear from you: radicalwomen@optusnet.com.au.

Come to the next campaign meeting: Tuesday, 18 January, 6.30 pm at Solidarity Salon, 580 Sydney Road, Brunswick.

Visit our website at Radical Women

This article was authored by members of Radical Women.