Summary
New South Wales' highest court struck down a law that restricted protests and police power after a terror attack, ruling it limited free political speech. A legal expert advised the NSW government to reconsider banning the phrase “globalise the intifada,” saying the court's decision protects political expression unless it incites violence.
Key Facts
- The NSW court ruled in favor of protest groups, striking down a law that limited protest rights after a terror attack at Bondi Beach.
- The law had given police power to restrict marches, including one against Israeli President Isaac Herzog.
- The court said protecting the community from political speech just because it is upsetting is not allowed under the constitution.
- A parliamentary inquiry in NSW suggested banning the phrase “globalise the intifada” only when it incites hatred or violence, not banning it outright.
- The Minns government still plans to ban the phrase depending on outcomes from Queensland’s similar ban.
- Constitutional expert Anne Twomey said the court’s decision makes banning slogans or protests very difficult unless the goal is to stop violence.
- The ruling challenges the current prosecution of 26 protesters charged with offenses during the anti-Herzog rally.
- Lawyers for protesters may request charges be dropped based on this court decision.
