The court found laws limiting protests near places of worship went too far in limiting the right to free political communication.
Pro-Palestine protesters have won a challenge against the NSW government’s laws limiting protests near places of worship, with the Supreme Court finding them invalid. Justice Anna Mitchelmore found laws introduced earlier this year to give police powers to move on protesters near places of worship, even if the demonstration wasn’t aimed at a religious group, “impermissibly burdens” the implied constitutional right of freedom of political expression.
Max Mason-Hubers Protesters had argued the laws were unfair, given the large number of religious buildings in Sydney. Joshua Lees of the Palestine Action Group argued that protests in Hyde Park could be affected, given the proximity of churches and synagogues to the park. The Labor state government rushed through the laws after the Dural caravan incident, which police later described as a “con-job”, in a suite of hate speech and protest legislation designed to clamp down on antisemitism. In a statement, Premier Chris Minns pointed out the decision only applied to police powers to move on protesters, but doesn’t invalidate an offence for obstructing worshippers.”While it is disappointing, it is important to note that this does not mean there is free rein outside places of worship,” he said. “Although the Supreme Court has determined that a police power to ‘move on’ persons engaging in obstructing, harassing and other conduct as part of a public assembly outside places of worship is invalid, the decision has no impact on the offence introduced recently in the NSW Government’s places of worship laws that make it a crime to impede, harass, intimidate or threaten a person accessing a place of worship.” Minns first flagged the laws in December last year, when he referenced the attack on the Adass synagogue in Melbourne as evidence that religious rights were under threat.”We have to go further and ensure that people’s rights to religious freedom of expression and worship is protected,” he said at the time. Speaking after Thursday’s ruling, Lees said the court decision was proof the Minns government’s protest reforms were an “outrageous overreach”. “Now he has massive egg on his face. These laws have been ruled out, thankfully at least in this matter, we’ve been able to uphold the right of the people of NSW to protest,” Lees said. Greens MP Sue Higginson described the law as a “Minns captain’s call” that went too far in limiting the rights of protesters. “He created a moral panic. And when governments create moral panics, they make grave mistakes, and they do go too far,” she said. Questions over police powers at protests were raised earlier this year when former Greens candidate Hannah Thomas was seriously injured during her arrest at a protest outside SEC Plating in Belmore. Protesters claim the company provides parts used in F-35 jets used by the Israeli Defence Forces. The company denies this.
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