03 March 2026
Free Speech, Protest and the High Court’s Ruling on the Proscription of Palestine Action
On 13 February, the High Court of England and Wales ruled that the UK government’s decision to proscribe Palestine Action did not follow the government’s own policy and was contrary to the rights to freedom of expression and assembly. The case highlights how proscription, a sweeping power “designed to ensure that an organisation ceases to exist”, significantly affects the rights of people outside the organisation. Given the breadth of the restriction, the court came to the right conclusion and provided an important safeguard for free speech and protest rights. Continue reading >>
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17 February 2026
Soft Law in Hard Times
Seasoned court watchers were no doubt surprised by the English High Court’s decision to overturn the British Home Secretary’s decision to proscribe Palestine Action. For anybody even casually familiar with British courts’ approach to national security-related matters, the odds of success were not good. The judgment is certainly not a slam-dunk victory for Palestine Action and it is replete with extensive discussion condemning the actions of the group. And yet despite these admonishments, the judgment intimates at wider concerns as to the role of counter-terrorism legislation in liberal democracies Continue reading >>
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21 August 2025
Palestine Action, Proscription and Proportionality
In July, the UK government has decided to proscribe the organisation Palestine Action. The order means that people are criminalised not just for expressing support for terrorist acts, but for the proscribed organisation. As a result, over 500 people were reportedly arrested at a protest in London on 9 August. Whether the decision pushes anti-terrorism law too far and violates freedom of expression will be assessed by the courts at a later date. If the decision survives a legal challenge, it could pave the way for proscription to be used in relation to a broader range of groups in future. Continue reading >>
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