Three prominent activist groups in New South Wales are mounting a major legal challenge against the state government's contentious new protest laws, arguing they infringe on the implied constitutional right to free speech.
Legal Battle Over Peaceful Assembly Rights
The groups – the Palestine Action Group Sydney, Jews Against the Occupation 48 and the Blak Caucus – have announced their intention to launch a constitutional challenge in the Supreme Court as soon as the legislation passes parliament. The laws, which were before the NSW upper house on Tuesday, would grant authorities the power to ban protests for up to three months.
Convener of the Palestine Action Group, Josh Lees, condemned the move, stating the "Minns government is trying to strip away the right to peacefully protest for everyone." He argued the legislation could impose bans "with no evidence at all to say that this is going to make anyone safer."
The groups assert they have standing for the court challenge without first having a protest permit rejected, as their case hinges on the fundamental constitutional issue.
Broad Implications for Protest Movements
Lawyer Nick Hanna, advising the coalition, warned that the legislation in its current form has the potential to effectively ban all protests, regardless of their political leaning. "That is what's obviously going to be deeply concerning to the Australian public," he said, highlighting the nation's proud history of protest in securing social rights.
The laws would not only target moving processions but also allow police to move on static protests under certain circumstances. The government's plans to specifically ban the phrase "globalise the intifada" have also been criticised. Lees explained the term refers to a "shaking off or an uprising" and represents support for Palestinian resistance, arguing the premier's focus risks popularising the chant.
Widespread Support and Political Divisions
The three core groups are backed by a diverse alliance including climate group Rising Tide, the NSW Council for Civil Liberties, the NSW Greens, and Labor Friends of Palestine. This support underscores the broad concern over the laws' implications.
Peter Moss, convener of Labor Friends of Palestine, pointed to a massive march across the Sydney Harbour Bridge in August – opposed by Premier Chris Minns – as evidence of deep community sentiment. While police estimated 90,000 attendees, organisers put the figure between 200,000 and 300,000. "On that march were... middle Australians – people from all corners of our community, including hundreds of Labor party members," Moss said, calling the government's stance a "betrayal."
The activist groups confirmed they have no immediate protests planned but emphasised the necessity to resume demonstrations in future, citing ongoing violence in Gaza. The constitutional challenge sets the stage for a significant legal and political clash over the limits of protest rights in Australia.
