Today’s judgment by the New South Wales Supreme Court, declaring the government’s protest law amendments invalid, represents more than a legal win. It is a vindication of the democratic principle that free expression cannot be muzzled under the guise of convenience.
This case, brought by our client Josh Lees on behalf of the Palestine Action Group, challenged the Minns government’s February amendments, which empowered police to move on anyone protesting near a place of worship, regardless of whether there was a disturbance or threat to safety.
Justice Anna Mitchelmore has rightly struck down those laws, finding they impermissibly burdened the implied constitutional freedom of political communication. It is a timely reminder that the Constitution does not bend to the anxieties of politics, nor to the fear of dissent.
From Peter O’Brien
“ I can say on behalf of all people who respect and understand it’s a fundamental part of our existence in Australian democracy, that this is a win for democracy and it’s a win for the ability to dissent by way of public assembly and protest.
It settles clearly that the government cannot insert arbitrary, ill thought out amendments into legislation which might water down the very foundational bedrock of what a community and what a democracy is all about.
And that is understanding and appreciating the right to protest, and that is what this government has failed to do in this instance. And that is why this is such a significant landmark decision. It protects and it promotes the right to protest. It protects and it promotes the rights of the implied right to political communication in this country.”
From Sidnie Sarang
“As lawyers in this profession, who stand for human rights and democracy, we have all been watching the creeping attempts by misguided individuals in political power to restrict our democratic freedoms, for whatever veiled purpose and ulterior motive. The ruling today is a reminder that our democracy in Australia, does not bend to haphazard legislation rushed under the cloak of the night. Chris Minns forgot one thing, our Constitution does not sleep.
Today, the Constitution woke up and spoke back. The right to protest is not just a privilege, it is a constitutional cornerstone. Today’s win proves the law can still protect those who dare speak up against injustices. The Supreme Court has reaffirmed what the current oppositional government keeps forgetting, protest is not a crime, no matter where it happens to be occurring near to on a map in the Sydney CBD, and beyond. We are not a police state. You cannot criminalise conscience, and democracy is not built on silence, the right to protest is not a threat, it is a collective pulse.”
The Fight for Justice Continues
Our firm remains at the forefront of defending civil liberties across New South Wales. In recent months, we have represented protesters arrested and assaulted at demonstrations, including Hannah Thomas, a former Greens candidate whose peaceful protest ended in unlawful violence and injury at the hands of police.
The struggle for justice in those cases continues, and today’s judgment strengthens the foundation upon which accountability must rest. The rule of law must not serve the powerful; it must restrain them.
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