Civil Liberties & National Security
The Court Struck Down the Protest Law. Now We Need a Better One.
Guardian Australia – 16 April 2026
15
Killed at Bondi, December 2025
The NSW Court of Appeal has struck down the Public Assembly Restriction Declaration – the emergency protest law passed in the immediate aftermath of the 14 December 2025 Bondi attack, in which fifteen people were killed. Three activist groups, including Jews Against the Occupation '48 and the Palestine Action Group, mounted a constitutional challenge filed in January. The court found the legislation invalid. The law had given police power to restrict marches in designated areas for up to three months following a declared terror event. Its most prominent application was the anti-Herzog rally held earlier this year. The government must now decide whether to legislate a constitutional replacement or leave the gap.
James's Take
Karl Popper's paradox of tolerance is often cited to justify speech restrictions that go well beyond what Popper ever intended. But his actual point was precise: a tolerant society cannot tolerate incitement to violence. That is the line, and it is a clear one. The old law was rushed – understandably, given what had just happened – and the courts have done their job in testing it. The question now is whether the government writes something tighter and constitutionally sound, or simply abandons the field. Fifteen families deserve a legislature that can hold both truths at once: civil liberties matter, and so does public safety in the aftermath of mass murder. [REVIEW REQUIRED]