Full Breakdown
NSW Supreme Court Strikes Down Anti-Protest Laws
10/16/2025, 7:58:44 AM
Court Ruling on Police Powers
On October 16, 2025, the New South Wales Supreme Court ruled that the state's anti-protest laws, which granted police expanded powers to disperse protests near places of worship, are unconstitutional. Justice Anna Mitchelmore found that these laws impermissibly burdened the implied constitutional freedom of political communication. The challenge was brought by Josh Lees, representing the Palestine Action Group (PAG), who argued that the legislation, introduced in February, was overly broad and vague, creating a chilling effect on free speech.
The law allowed police to issue "move on" orders to protesters deemed to be "in or near" places of worship, a definition criticized for its ambiguity. The PAG contended that this could lead to arbitrary enforcement, affecting protests in significant public spaces such as Hyde Park and Town Hall. Justice Mitchelmore agreed, stating that the law's reach extended beyond what was necessary to protect individuals accessing places of worship.
Background and Context
The anti-protest legislation was enacted following a series of antisemitic incidents in Sydney and Melbourne, including graffiti and threats of violence. The NSW government, led by Premier Chris Minns, argued that the law aimed to protect religious communities from harassment. However, critics, including some Labor MPs, expressed concerns that the law was a direct response to a protest outside the Great Synagogue, where a member of the Israel Defense Forces was speaking, and not a genuine religious event.
Official Statements & Responses
Following the court's decision, Premier Chris Minns described the ruling as "disappointing" but emphasized that it does not eliminate the offence of obstructing individuals accessing places of worship. He stated, “This does not mean there is free rein outside places of worship.” Meanwhile, Greens MP Sue Higginson praised the ruling as a victory for democracy and freedom of expression, criticizing the government for rushing the legislation through parliament.
Josh Lees remarked, “The Palestinian group has not organised a single protest targeting a place of worship,” highlighting the law's misapplication. He asserted that the ruling upholds the right to protest in New South Wales.
Criticism & Opposition
Critics of the anti-protest laws, including civil rights advocates and members of the Greens, argued that the legislation was an overreach that threatened democratic rights. Timothy Roberts, President of the NSW Council for Civil Liberties, described the laws as "draconian," warning that they risked criminalizing peaceful protests. The court's ruling has raised questions about the NSW government's approach to balancing community safety and the right to protest.
What's Next
In light of the ruling, the NSW government is considering its options, including a potential appeal. The outcome of this case may influence future legislation regarding protest rights and police powers in New South Wales, as the government navigates the complexities of public safety and civil liberties. An inquiry into the context surrounding the antisemitic incidents that prompted the law is still pending, which may further impact the political landscape in the state.
