NSW Protest Laws Face Supreme Court Challenge Over Free Speech Rights
January 8, 2026
A legal battle has begun in New South Wales over new protest laws limiting demonstrations up to three months after terrorist events. The Blak Caucus, Palestine Action Group (PAG), and Jews Against the Occupation '48 filed a challenge in NSW Supreme Court. They argue these laws "impermissibly burden the implied constitutional freedom of communication on government and political matters." These laws, rushed in after December's Bondi attack, prevent police from authorising protests during public assembly restriction declarations (Pard).
PAG organiser Josh Lees criticized the laws on December, accusing the government of removing peaceful protest rights without any safety proof. Recently, NSW Police Commissioner Mal Lanyon extended a 14-day protest ban declared on Christmas Eve in Sydney's CBD and surrounding areas until January 20. He cited general safety concerns but noted no new intelligence.
The groups fear the extended ban could disrupt planned invasion day rallies on January 26. Commissioner Lanyon called it "very premature to consider that." NSW Premier Chris Minns said civil liberty worries are "overblown" but assured confidence the laws can survive legal scrutiny.
Legal experts are uncertain about the outcome since the laws do not ban assemblies completely but restrict police approval for protests, which protects activists from certain charges. Premier Minns and Commissioner Lanyon say the rules do not stop "peaceful" static protests. However, critics claim the laws' police powers effectively ban all protests.
Timothy Roberts, president of the NSW Council for Civil Liberties, said the laws cause an "extraordinary chilling effect" and depend heavily on police judgment about which protests are acceptable.
This latest challenge follows a previous ruling in October where NSW Supreme Court found some police powers to move protesters near worship places unconstitutional. PAG also won an appeal for a Sydney Harbour Bridge march but lost the case for a march to the Opera House due to safety concerns. A preliminary court hearing is set in Sydney on Thursday to decide a trial date.
Read More at Theguardian →
Tags:
Nsw Protest Laws
Constitutional Challenge
Police Powers
Bondi Attack
Civil Liberties
Public Assembly
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