Government funding of non-governmental organisations and the implied freedom of political communication: The constitutionality of gag clauses

Provisions in government funding agreements with non-governmental organisations (NGOs) may constrain the ability of these organisations to contribute to political debate. NGOs perceive risks to their funding if they criticise government policy. Such organisations play a significant role in the democratic process, and this article examines the applicability of the constitutional freedom of political communication to 'gag clauses'. Australian courts have not considered the constitutional freedom in this context, but the Supreme Court of the United States has considered the question in relation to the First Amendment. The article shows what can be learned from American jurisprudence and Australian case law in order to challenge such provisions. © 2013 Australian Political Studies Association.