Eliza Bechtold: Recent Efforts to Regulate Expression by Conservatives in the UK and the US Highlight a Shift Toward Illiberalism – UK Constitutional Law Association

‘Conservative politicians in the UK and the US are making headlines for regulatory efforts targeting core free speech principles under the guise of protecting members of the public from harm. Four days prior to the coronation of King Charles III – a coincidence according to the UK government – the controversial Public Order Act 2023 (POA 2023), introduced by former Home Secretary Priti Patel, received royal assent. The application of the new law, in conjunction with the expansive powers granted to police under prior legislation, led to the controversial targeting and arrest of dozens of peaceful anti-monarchy protesters during the coronation proceedings. In the US, Republicans are responsible for a flurry of recent regulations censoring expression concerning sexual orientation, race, and other issues at the forefront of the so-called ‘culture war’ in public school classrooms and libraries across the country. These regulatory efforts highlight the increasingly illiberal posture of conservative parties in these countries, which undermines shared democratic values and reflects a broader shift toward the use of anti-democratic means to achieve political ends.’

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UK Constitutional Law Association, 1st June 2023

Source: ukconstitutionallaw.org

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

No cab-rank rule breach – yet – for barrister signatories of eco-resolution – Legal Futures

‘The Bar Standards Board (BSB) will not take action against barristers who have committed not to prosecute climate protestors or work for fossil fuel companies – at least until they actually refuse instructions.’

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Legal Futures, 18th May 2023

Source: www.legalfutures.co.uk

The Coronation, the Public Order Act 2023 and ‘Free Speech’ – Oxford Human Rights Hub

Posted May 11th, 2023 in demonstrations, freedom of expression, news, public order, royal family by sally

‘In recent years, a lot has been written about “the right to protest” and “the right to free speech” in the UK. Yet neither phrase appears in the latest Public Order Act, which became law on 2nd May 2023. The absence of those phrases is unsurprising. First, neither phrase is precise enough for legal drafting. Second, the Tory government behind the 2023 Act wishes to avoid these conceptual problems by painting a picture of protest movements gone wild. In this post, I consider the new Act amid reports of its use during the coronation. From this early case study, we see a dangerous illustration of what is yet to come.’

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Oxford Human Rights Hub, 9th May 2023

Source: ohrh.law.ox.ac.uk

New police powers to tackle slow-walking protests – BBC News

‘Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

One jailed and three others fined over Insulate Britain roadblock protest – The Guardian

‘One protester has been jailed for five weeks and three others given fines and community service for their part in a protest to demand government action on insulation.’

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The Guardian, 20th April 2023

Source: www.theguardian.com

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

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Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

Seven Just Stop Oil activists convicted over London road blockade – The Guardian

Posted April 6th, 2023 in demonstrations, environmental protection, London, news, prosecutions, roads by michael

‘Seven climate activists who glued themselves to the road outside the Natural History Museum in south-west London have been convicted of obstructing a highway.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Climate activist who allegedly held sign directed at jurors may be charged – The Guardian

‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

BSB “assessing” self-reports from barristers over cab-rank rule defiance – Legal Futures

‘The Bar Standards Board (BSB) said last night that it was assessing self-reports from barristers who say they will defy the cab-rank rule.’

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Legal Futures, 31st March 2023

Source: www.legalfutures.co.uk

‘Hostile, authoritarian’ UK downgraded in civic freedoms index – The Guardian

‘The UK has been downgraded in an annual global index of civic freedoms as a result of the government’s “increasingly authoritarian” drive to impose restrictive and punitive laws on public protests.’

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The Guardian, 16th March 2023

Source: www.theguardian.com

Insulate Britain protester jailed for stopping traffic on M4 – BBC News

Posted March 14th, 2023 in climate change, demonstrations, news, nuisance, roads, sentencing by sally

‘An Insulate Britain protester has been jailed for five weeks for obstructing the motorway, causing huge disruption.’

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BBC News, 13th March 2023

Source: www.bbc.co.uk

Court restrictions on climate protesters ‘deeply concerning’, say leading lawyers – The Guardian

‘Restrictions placed on non-violent climate protesters who have been tried in criminal courts were part of a “deeply concerning” “pincer movement” narrowing their rights to free expression, leading lawyers have told the Guardian.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Four Insulate Britain members convicted after London street blockade – The Guardian

‘Four climate activists who blockaded a street in London in a campaign to press the government to insulate homes have been found guilty of public nuisance.’

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The Guardian, 6th March 2023

Source: www.theguardian.com

Jurors trying Insulate Britain protesters fail to reach verdict – The Guardian

‘Three climate protesters who stopped traffic to bring rush hour chaos to the City of London face a possible retrial.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com

Extinction Rebellion co-founder cleared of one charge over paint-throwing stunt – The Independent

Posted February 21st, 2023 in conspiracy, criminal damage, demonstrations, news by tracey

‘Extinction Rebellion co-founder Roger Hallam has been acquitted of conspiracy to damage property after taking part in a protest which involved throwing pink paint over several charity buildings.’

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The Independent, 20th February 2023

Source: www.independent.co.uk

Insulate Britain activists found guilty over London roadblock – The Guardian

Posted February 14th, 2023 in climate change, contempt of court, demonstrations, news, nuisance, road traffic, roads by sally

‘Three Insulate Britain activists have been found guilty of causing a public nuisance by a jury for a two-hour sit-down blockade of traffic.’

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The Guardian, 13th February 2023

Source: www.theguardian.com

Just Stop Oil activists fined for damaging Last Supper – BBC News

‘Five environmental protesters who glued themselves to the frame of Leonardo da Vinci’s The Last Supper have been fined for causing criminal damage.’

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BBC News, 8th February 2023

Source: www.bbc.co.uk

Insulate Britain activist jailed for eight weeks for contempt of court – The Guardian

‘An environmental activist has been jailed for eight weeks after disobeying a judge’s instruction not to mention the climate crisis as his motivation during his trial for taking part in a road-blocking protest.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Public Order Bill: Peers defeat plans to curb protest disruption – BBC News

Posted February 8th, 2023 in bills, demonstrations, freedom of expression, human rights, news, police, public order by sally

‘The House of Lords has overturned plans to clamp down on protest marches that cause too much disruption.’

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BBC News, 7th February 2023

Source: www.bbc.co.uk