Constitutional Challenge Argues Protest Restrictions Stifle Free Speech

Three civil rights groups have launched a constitutional challenge against the recently passed legislation restricting protest for up to three months in the wake of a terrorist incident.

The Blak Caucus, Palestine Action Group (PAG) and Jews Against the Occupation ‘48 yesterday filed their challenge in the NSW supreme court, their summons arguing the contentious laws “impermissibly burden the implied constitutional freedom of communication on government and political matters”.

Rushed through parliament in response to the Bondi terror attack, the laws prevent the authorisations of form 1s, applications that protect protesters from prosecution for offences such as obstructing traffic, and see police given extended powers to move people on.

The groups announced their intent to challenge the laws before they were passed on Christmas Eve, with PAG organiser Josh Lees saying the restrictions deny the rights of the community to express their opposition and call for change.

It comes two days after Police Commissioner Mal Lanyon extended the restrictions on protests across the CBD, south-west and north-west for another 14 days.

Lanyon says affect of laws on Invasion Day “premature” 

The government has continued to reiterate that the restrictions are based in the interests of community safety, with Premier Chris Minns “confident that the laws will withstand a constitutional challenge”.

“This is not about stopping free speech,” Lanyon said on Tuesday. “I think the community, quite rightly, over a period of time, has felt fear and have been concerned, particularly about some of the very public displays in their public assemblies.”

With Lanyon expected to review the possibility of another extension before 20 January, there’s concern that the annual Invasion Day rallies on 26 January will be affected, although he dismissed the possibility as  a”very premature” consideration.

“I’ve indicated that we will work very closely with organisers where there is to be a peaceful assembly and where it complies with the legislation,” he said.

The applicants are supported by the NSW Council for Civil Liberties (NSWCCL), the Australia Palestine Advocacy Network (APAN), and politicians including the Greens’ spokesperson for justice Sue Higginson, who last month said the legislation would “dilute and offence our democracy and civil rights.”

Last year, PAG successfully appealed the police decision to veto the March For Humanity across the Sydney Harbour Bridge, which drew an estimate 300,000 people in August, though failed to appeal a decision to rally on the steps of the Sydney Opera House two months later.

A court date for the challenge may be decided at a preliminary hearing in Sydney on Thursday.