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The Guardian - AU
The Guardian - AU
Comment
Shamikh Badra

Protest is not a flaw in democracy and fear cannot be made law. The NSW supreme court ruling upholds these truths

Activists holding banners saying 'Defend the right to protest' and a Palestinian flag celebrate the NSW supreme court ruling
‘Supporting Palestine is no longer just a political stance. It has become a defence of democracy itself.’ Photograph: Dan Himbrechts/AAP

The New South Wales supreme court’s ruling is not merely the invalidation of a law. It draws a clear constitutional line: the state cannot suppress protest under broad justifications such as “social cohesion”.

In a decisive judgment, the court struck down protest laws introduced by the government of Chris Minns after the Bondi attack, placing a firm limit on state power. This is not a technical ruling. It is a direct rejection of a political logic that sought to redefine protest from a democratic right into a risk to be managed.

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