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Tuesday, 28 July 2026
Pro-Palestinian protesters mount High Court challenge to Queensland hate speech laws.
The phrases "globalise the intifada" and "from the river to the sea" were outlawed in Queensland earlier this year. (ABC News: Liana Walker)
In short:
A
group of pro-Palestinian protesters have launched a High Court
challenge against Queensland laws that banned the phrases "from the
river to the sea" and "globalise the intifada".
More than 20 people have been charged under the laws, which carry a maximum jail sentence of two years.
What's next?
Constitutional
law expert Anthony Gray believes a High Court challenge to Queensland's
hate speech legislation has a "chance of succeeding".
A
group of pro-Palestinian protesters have launched a High Court
challenge against Queensland laws that banned the phrases "from the
river to the sea" and "globalise the intifada".
The
two phrases have been deemed antisemitic by the government and many
Jewish organisations and have been outlawed when used to menace or
offend someone.
Both of the contested phrases have been commonly used by pro-Palestinian protesters.
More than 20 people have been charged under the laws since they took effect in March.
The laws carry a maximum jail term of two years.
According
to filings lodged with the High Court last week, the activists allege
the legislation is invalid because it infringes on the right to
political communication.
The Queensland government has been contacted for comment.
It has previously defended the laws and argued in favour of their validity.
In April Deputy Premier Jarrod Bleijie said the laws defended against "venomous, poisonous rhetoric".
Seven protesters have signed the filings, including Remah Naji, a spokesperson for the Justice for Palestine group.
Four
of the signatories Stephen Werner Heydet, Edward Joel Matthew Carroll,
Katherine Mary Dennehy and Samuel Woripa Watson — were arrested and
charged under the laws, according to the documents.
Each are accused of displaying or saying the banned phrase.
The High Court challenge was filed by activist Remah Naji and six other protesters. (ABC News: Lucy Loram)
One
of the other applicants, James Frances Hillier, alleges he was told to
withdraw some of his artwork that contained the banned phrase after
being contacted by police in March.
The
group claims neither of the banned phrases have a "fixed meaning", an
"inherently antisemitic or racist meaning" or an "inherently violent
meaning".
The filing lays out 12 alternative meanings of "from the river to the sea".
The
filing alleges the ban causes inequality or discrimination because it
seeks to criminalise one perspective on a "political controversy".
The group also argues it imposes a burden on the implied freedom of political communication in the constitution.
Jewish
Board of Deputies president Jason Steinberg said he and other Jews felt
unsafe when hearing the banned slogans chanted at rallies and protests.
"We
have people who will not come into a central business district when
there is protests on, when they know that there is going to be this kind
of antisemitism on our streets," he said.
A 'chance of succeeding'
Constitutional
law expert Anthony Gray believes a High Court challenge to the state's
hate speech legislation has a "chance of succeeding".
He said the High Court had already recognised Australians have an implied freedom to communicate about political matters.
"On
one view, the two phrases that have been banned are communications
about something that is broadly political in nature," Professor Gray,
who was not involved with preparing the challenge in any way, told the
ABC.
The Bond University expert
characterised the state government's legislation as "unusual" because
it criminalised specific phrases and sought to outlaw one particular
viewpoint.
He added that the
nature of the phrases also added to the difficulty of banning them, as
some people who used them may not have any "bad intentions".
The
court could also consider whether the state government could
demonstrate the legislation was necessary to protect some groups from
suffering harm, Professor Gray explained.
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