Defending the democratic right of political speech and assembly in Australia

Current attacks on freedom of expression and assembly through “hate laws” and anti-protest laws call for action.

Australians’ history of defeating oppressive laws through mass non-violent civil disobedience points to an effective course of practical action.

We have never lived in an Australia where true freedom of expression and political action could be exercised.

As former Prime Minister John Gorton Allegedly in question Regarding Vietnam War protesters in 1968:

“We will tolerate dissent as long as it is ineffective.”

In response to recent times police attack At the rally in Sydney against the Israeli President’s visit to Australia Isaac HerzogAttack in which some police used protesters as punching bags, Sydney criminal lawyer says Nick Hanna he said podcast interview HE:

“We do not have a constitutionally protected right to free speech like we do in the United States. What we have here is a very limited form of free speech, if you can call it that; the implied freedom of political communication with severe limitations.”

He also explained that truth is no defense against these new “hate speech laws”:

“True statements such as ‘Zionism is a form of racism’, ‘Israel is committing genocide in Gaza’, ‘Israel is an apartheid state’ and ‘Palestine should be free from river to sea’ could potentially leave you arrested, charged and face prison time.”

Attacks on freedom of political expression and action have intensified further 9/11 with the so-called initiation War on Terror.

Ben Saul He is Professor of International Law at the University of Sydney and has written (ABC, 2014) Concerning a series of repressive laws passed as part of the War on Terror, the following:

‘The truth is that there are already enough laws in Australia to combat terrorism. Since 9/11, Parliament has been among the most hyperactive and invasive counter-terrorism legislators on the planet.’

Professor Saul continued:

The new laws also go too far. They criminalize innocent travel to places the Secretary of State doesn’t want you to go. They consider freedom of expression a crime. They criminalize those who report and the media that reports on them. They allow mass surveillance of innocent Australians on the internet. They deny procedural justice. They violate the right to social security and thus potentially leave people poor. All of this is happening without the binding human rights guarantees that every self-respecting democracy imposes on its security agencies.

More restrictive laws have been passed in many states to curb environmental protests.

For example, in NSW the Council for Civil Liberties (CCL) We stated this in 2018:

‘On July 1, new regulations will come into force giving the NSW State Government incredibly broad powers to disperse or ban protests, rallies and almost any public gathering on nearly half of the land across the state. CCL strongly opposes these regulations.’

ABC reported On February 12, 2026:

Days after the Bondi massacre, the government passed laws giving police the power to ban authorized public gatherings every two weeks for up to three months following a terrorist attack. Protest groups are challenging the law supporting the ban, which has already been extended four times.’

Australians have shown courage and defiance in the face of anti-democratic legislation and, where necessary, supported mass non-violent civil disobedience to challenge and defeat oppressive laws.

Premier of Queensland in 1977 Joh Bjelke‑Petersen explained:

“The day of political street marches is over. Don’t bother applying for a permit. You won’t get one. That’s government policy now.”

A few weeks later, thousands of people opposed Bjelke-Petersen’s declaration and gathered in Brisbane for an anti-uranium march. That afternoon in October 1977, 418 people were arrested and arrested in Queensland “right to march” movement was started. Demonstrations over civil liberties continued until the ban, initially enacted to thwart the growing anti-nuclear movement, was lifted two years later.

One of the largest campaigns to challenge unfair laws was the mass mobilization that took place in May 1969. Clarrie O’SheaVictorian Secretary of the Tramway Union. He was imprisoned for contempt of court because his union refused to pay fines imposed under the law. anti-union Criminal Powers legislation. One million workers turned off their tools for a week until O’Shea was released.

This massive strike action that forced the state to release Clarrie O’Shea was illegal. Unions and workers were threatened with heavier fines and imprisonment if they went on strike. They knew this, but a lot of work had been done to educate union members about the consequences of the crisis. Criminal Powers They continued on their way undaunted with their experience, courage and confidence in their collective strength. Criminal PowersIt was never used again as it was created at the time.

There were many acts of civil disobedience contrary to National Service Act 1964 Conscription laws in the late 1960s and early 1970s. At that time, a newspaper advertisement was placed in a major Melbourne daily newspaper urging young men not to sign up for military service. this one Crimes Act an offense because it encouraged the breach of a Commonwealth law and could result in a prison sentence.

Hundreds of people from all walks of life, religious ministers, union leaders and some politicians signed this declaration in a mass act of defiance, but no one was arrested or charged.

Open May 8, 1970, 100,000 protesters They sat down and occupied the central streets of Melbourne to protest the Vietnam War and conscription, despite being told not to do so by Victorian Premier Bolte. This was a massive act of civil disobedience, and again, no one was arrested or charged for this lawbreaking.

Draft resisters and their supporters publicly burned calling cards and National Service registration forms, both Crimes Act crimes. This defiance was so widespread that few people were punished and all “fueled the fire.” There was an air of irrepressible rebellion in the air, which led to the ouster of the Coalition Government in December 1972 and its replacement by the Whitlam ALP Government, which abolished conscription, released imprisoned draft resisters and brought all Australian troops home from Vietnam.

Clearly, there are many historical examples of successful defiance of unjust laws in Australia. We must keep this in mind as we campaign against legislative attacks such as “hate speech” laws. Australian Security Intelligence Agency Amendment Bill (No.2) 2025 currently in Parliament.

In addition to its establishment, these AFP AUKUS Command Accused of dispersing protesters and deploying “munitions distribution for the management of public order” (pepper gas, tear gas, stun grenades, laser electric weapons, rubber bullets and firearms), the Palestinians created a repressive political environment aimed at stopping the unprecedented mass support campaign against the Palestinians.

Additionally, to quell growing social opposition to 2021 AUKUS war pact and our integration into the US war machine in preparation for a US-instigated war against China.

Existing anti-democratic laws restricting freedom of expression and assembly scream to be broken and defeated. Massive, non-violent civil disobedience campaigns are attracting attention.

Do they teach this in school? @NSWPolice Academy?
Gore 101, am I right? #HerzogNotWelcome #auspol pic.twitter.com/0oRAzgk5mn

— AJGardineresq.bsky.social (@AJGardineresq) February 9, 2026

Bevan Ramsden is a long-time peace activist who returned to full-time volunteer organizing work with the Vietnam Moratorium Campaign, where he served on the National Vietnam Moratorium Campaign committee with Victoria representative Jim Cairns. He has since continued his peace activities, most recently as a member of the national co-ordinating committee of the Independence and Peaceful Australia network and editor of its monthly publication, Voice.

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