Applying The Two-Limbed Analysis

The existing test for determining whether the freedom of political communication has been infringed requires the judges to apply the two-limbed analysis as set out in Lange. The first limb questions whether the relevant law effectively burdens communication about government and political matters. The first limb questions whether the relevant law effectively burdens communication about government and political matters. In Monis, the judges unanimously agreed that the content of the letters sent by the appellant were political in nature and this law subsequently burdened the freedom to political communication. The subject of controversy and disagreement lay within the question of the validity of the law.

The second limb derived from Lange