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Constitutional Challenge To Anti-protest Laws

Australian Greens

Constitutional Challenge To Anti-protest Laws

Thursday 19 June, the Supreme Court of NSW will hear the case of Josh Lees, on behalf of Palestine Action Group, to challenge the constitutional validity of the most recent anti-protest laws passed under the NSW Minns Labor Government earlier this year.

Lees will be represented by barristers Craig Lenehan SC, Felicity Graham, Thomas Wood, and O’Briens Solicitors.

Plaintiff Josh Lees will speak to press alongside spokespeople from previously successful anti-protest challenges, including Rising Tide, and civil society organisations.

As stated by Plaintiff Josh Lees, PAG:

“Chris Minns’ anti-protest laws are based on lies, as the Minns Government exploited the Dural caravan hoax to rush them through while keeping the public and the parliament in the dark about the reality of this hoax. He exacerbated and exploited community fears to try to silence our protest movement against the genocide in Gaza.”

“The right to protest is a fundamental democratic right, and these laws are an unconstitutional attack on those fundamental rights. They must be overturned and repealed.”

As stated by Amal Nassar, PAG:

“As a Palestinian activist, I am deeply disturbed by the government’s increasingly authoritarian response to peaceful protest. From day one, our rallies have been unfairly targeted, surveilled, and suppressed, while the atrocities in Gaza escalate with horrifying intensity.”

As stated by Sue Higginson, Greens MLC:

“The draconian anti-protest laws in NSW are a blight on our democracy. Successive Governments have acted to criminalise peaceful assembly and protest, the latest of which were introduced by the Minns Labor Government under a shadow of lies told to the community about the true nature of the Dural caravan hoax.”

“The constitutional challenge to these harsh and undemocratic laws is a critical step in the defence of democracy in NSW. We have already seen the Supreme Court rule some anti-protest laws to be unconstitutional in 2023, rather than listening to that decision, the Minns Labor Government has continued to target legitimate protests in a clear attempt to suppress the voices of the community.”

“It is a disgrace, that the NSW Labor Party is continuing the work of the former Liberal Government, and is punishing the NSW community for speaking out against injustice and genocide.”

As stated by Timothy Roberts, President of NSW CCL:

“The people of NSW deserve a responsible government that is not reckless with their democratic rights and in the drafting of legislation. We have Chris Minns and a government that rushed through legislation by fear-mongering about protest.”

As stated by Dr Max Kaiser, Executive Officer, Jewish Council:

“These laws were sold as protecting Jewish communities and places of worship-but they do nothing of the sort. Using antisemitism as a cover to criminalise protest is cynical and dangerous. We reject this misuse of our identity and support the legal challenge to restore basic democratic rights.”

As stated by Plaintiff Alexa Stewart, Rising Tide 2024 challenge:

“Rising Tide’s Supreme Court challenge overturned an illegal exclusion zone placed by the Minns government on the entirety of Newcastle harbour last November, to attempt to prevent a peaceful protest advocating for a safe climate and funding for our regions.”

“Time and time again, Chris Minns has tried to arrest his way out of legitimate protest action. It’s a failing strategy.”

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https://greens.org.au/nsw/news/media-release/constitutional-challenge-anti-protest-laws

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