Two words threaten to derail Minns’s plan to ban controversial phrase
Two words threaten to derail Minns's plan to ban controversial phrase
As the Minns government licks its wounds from its latest defeat in court, two words threaten to send hopes of banning the phrase "globalise the intifada" into free fall. As the Court of Appeal ruled on Thursday, "social cohesion" is not a legitimate purpose — constitutionally — of laws burdening freedom of political communication. That alone was enough to invalidate laws — passed following the Bondi Beach terrorist attack — that empowered police to restrict protests in certain areas for up to three months.
The Justices declared Australia's system of government "entails acceptance of the potential for disharmony, incivility and disruption that is part and parcel of democratic intercourse". Premier Chris Minns must decide whether to proceed with the next restrictions he planned to impose on protests. Hours before the laws were struck down, he remained determined to prohibit "globalise the intifada", words often chanted at pro-Palestinian rallies and perceived by many Jews as a call to violence.
"I think that hateful phrase has been exposed for what it is. It's not a call for peace or unity," Minns said. "It's just too divisive when most people in the state want to pause together." When he announced plans to ban "hateful" slogans on December 20, Minns was emphatic about his government's intent.
"This is a pivotal moment to send a clear message that we will not tolerate division in our community," he said. Even then, the premier was alive to the risk of a constitutional challenge. "You would remember bills and legislation that we have proposed to parliament have been struck down by the High Court [sic] as recently as in the last six months," he said.
"I'm determined that that doesn't happen again." Minns counts his losses Fresh in his mind was the government's loss in October when the Court of Appeal invalidated police powers to move on protesters for being simply "near" a place of worship. To show it was doing its homework, the government referred the matter to a lower house committee, which was asked to consider the threat of hateful slogans to "community cohesion". Despite the inquiry's short deadlines, experts rallied, including the doyen of constitutional law, Anne Twomey.
Nevertheless, the Labor-controlled committee recommended the government "consider" legislation to proscribe "globalise the intifada". More than two months later, the government is still considering it. Since then, the Liberal National Party government in Queensland has enacted its own ban, going a step further to proscribe "From the River to the Sea".
Before Thursday's decision, the premier's language softened from "the chant will be banned" in December, to "our intention is to introduce legislation". "I don't want to be beaten in court, so I'll have to see what the judgment says," Minns said on Thursday. He is closely watching happenings north of the border where two protesters have been charged under the new laws but are yet to file a constitutional challenge.