NSW court ruling limits government's power over protest speech

An influential ruling from New South Wales' highest court has struck down an anti-protest law, which previously allowed police to restrict marches, including a recent anti-Herzog rally. This week, the court found that discouraging protests to protect social cohesion imposes an impermissible burden on the constitutional right to freedom of political communication. The justices stated, "Suppressing public debate of certain kinds may be a means to a legitimate end, but it cannot be a legitimate end in itself."

The ruling has significant implications for the Minns government, which is considering a ban on the phrase "globalise the intifada". Constitutional expert Anne Twomey advised caution, suggesting that the judgment makes it unlikely for the government to successfully impose such a ban without a clear justification related to violence prevention. She noted, "If what the government is trying to do is just to stop people being upset... that’s just not going to be sufficient to justify the law."

This decision also raises questions about the future of charges against 26 protesters from the anti-Herzog rally, as it may indicate that police acted beyond their constitutional powers. Solicitor Majed Kheir described the ruling as a significant victory for civil liberties, stating that it could lead to applications for the withdrawal of charges against the protesters.

The court's findings are likely to complicate the Minns government's approach to regulating protests and speech, as any future attempts to limit political expression may face legal challenges. The judgment emphasizes that laws must be aimed at preventing violence rather than merely maintaining social order.

What to watch: The Minns government’s next steps regarding the proposed ban on the phrase "globalise the intifada" and its implications for protest rights in NSW.