Palestine Action wins right to fight ban in court

The co-founder of Palestine Action can bring an unprecedented legal challenge to the home secretary Yvette Cooper's decision to ban the group under anti-terrorism laws, a high court judge ruled yesterday.

- Haroon Siddique Rob Evans

Mr Justice Chamberlain said the proscription order against the direct action group risked "considerable harm to the public interest" because of a potential "chilling effect" on legitimate political speech.

The judge cited the case of Laura Murton, whom the Guardian revealed had been threatened with arrest by armed officers for holding a sign saying "Free Gaza" and a Palestinian flag.

Chamberlain's decision is the first time an organisation banned under antiterrorism law has been granted a court trial to challenge proscription.

The judge said: "If, as the claimant says, the proscription order is likely to have a significant chilling effect on the legitimate political speech of many thousands of people, that would do considerable harm to the public interest. Reports of the kind of police conduct referred to... are liable to have a chilling effect on those wishing to express legitimate political views. This effect can properly be regarded as an indirect consequence of the proscription order."

He continued: "I consider it reasonably arguable that the proscription order amounts to a disproportionate interference with the article 10 and article 11 [European convention on human rights] rights [freedom of expression and assembly, respectively] of the claimant and others."

Palestine Action's co-founder, Huda Ammori, called it a "landmark decision... especially at a time when protesters - mostly elderly citizens - are being dragged off in police vans, held in detention for over 24 hours, having their homes raided and face criminal prosecution, simply for holding signs that they oppose genocide and expressing their support for Palestine Action".