The Right to Protest Flashcards
How has the UN Human Rights Committee described the right to protest?
As “the very foundation of a system of participatory governance based on democracy, human rights, the rule of law, and pluralism”
Is the right to protest absolute?
No, it is fundamental but can be legally restricted in certain circumstances
What was the ruling in the Skokie Case (1977)?
The U.S. Supreme Court ruled that the neo-Nazi group’s right to march was protected under the First Amendment, even if offensive or distressing
Which legal provision protects the right to protest in the UK?
Article 11 of the ECHR, incorporated via the Human Rights Act 1998
What are the permitted restrictions under Article 11 ECHR?
Restrictions are allowed for national security, public safety, prevention of disorder/crime, protection of health/morals, and protection of others’ rights
What does the Public Order Act 1986 require protest organisers to do?
Notify the police in advance for marches (s.11), and allows police to impose conditions or bans (s.12–13 for marches, s.14–14A for static assemblies)
What was the ruling in Moss v McLachlan (1985)?
Police acted lawfully to prevent a breach of the peace by stopping miners en route to a protest
What key principle was established in Laporte (2007)?
Police must only act if a breach of the peace is imminent. In this case, stopping protesters pre-emptively was unlawful
What is kettling and was it found lawful in Austin v MPC (2009)?
Kettling involves confining protesters in a limited area. It was ruled lawful as proportionate to preventing disorder
What new powers did the PCSC Act 2022 introduce?
Expanded police powers to restrict protests based on noise and “serious disruption”; created the offence of public nuisance (up to 10 years in prison)
What happened in the Just Stop Oil sentencing (2024)?
Five activists were sentenced to 4–5 years for conspiracy to cause public nuisance. The UN called it “punitive and repressive”
What is the offence of “locking on” under the Public Order Act 2023?
Attaching oneself to objects to cause disruption; now a criminal offence under sections 1–2
What are Serious Disruption Prevention Orders (SDPOs)?
Court orders that restrict individuals from protesting again, even without a new offence being committed
What happened to Republic protesters during King Charles III’s coronation?
Arrested under suspicion of “locking on”; held for 16 hours and released without charge, sparking criticism of the Act’s overreach
What is the current scholarly concern about protest rights in the UK?
Increasing restrictions signal an authoritarian shift, undermining democratic rights (Gilmore and Ewing)
