Legal advice warned against banning ‘intifada’ event from Sydney council venue
The City of Sydney was warned there was likely no legal basis for canceling a forum on “why it’s right to globalize the intifada” at a council-run venue before the mayor bowed to community and media pressure and kicked out the activist group.
The forum, organized by Stop the War on Palestine at a council-run venue in Darlington, sparked outrage from members of the Jewish community, many of whom saw the statement as a call for violence against Jews, and sparked anger from the prime minister and opposition leader.
Lord Mayor Clover Moore said on Monday that she had decided to ban the event following a vocal campaign against it, saying the council needed to ensure it did not contribute to hostility or fear and blaming the media campaign for inflaming tensions.
“I have long supported the principles of peaceful assembly, protest and freedom of expression. But these rights must always be balanced with the responsibility to ensure public safety and respect all members of our diverse community,” he said.
However, legal advice provided to councilors following a motion by Liberal councilor Lyndon Gannon suggested the event was likely to be constitutionally protected under the implied freedom of political communication.
The recommendation also said a Labor-led inquiry last year recommended the phrase be banned, especially when uttered in a public place. As a result, even if these reforms were adopted, it would still not be illegal to have a forum to facilitate political debate about its use, the recommendation said.
Gannon’s motion, which failed to gain support from other councillors, had called for the mayor to write to Premier Chris Minns for an update on the state government’s proposal to ban the phrase. He said unquestionably anti-Semitism puts democracy at risk but freedom of expression is often the best medicine against the “disease of bigotry”.
The event was moved to a park in Darlington on Tuesday evening.
Minns had repeatedly called on Moore to cancel the event, saying it was the last thing Sydney needed.
The Liberals announced Tuesday that they will introduce amendments to the state parliament that would give the state government the power to intervene and cancel anti-Semitic events in council chambers.
The proposed legislation, which does not have Labor support, would specifically target phrases such as “globalising the intifada”.
In the days following the Bondi terror attack, Minns vowed to outlaw the expression and ordered a swift investigation to examine ways to ban it.
The Labor-controlled committee held no public hearings and gave experts and legal bodies just three weeks over the Christmas break to comment on the constitutionality of such a ban.
Minns said last week he was awaiting a “green light” from Queensland, where similar laws banning pro-Palestinian protest chants were likely to face a constitutional challenge.
Start your day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
Jessica McSweeney is a reporter covering state politics and city affairs for The Sydney Morning Herald.Connect via email.
