Political Activism in the Courts from the Public Order Act 1986 to the Public Order Act 2023:Repression and Resistance

This article analyses the development and legacy of public order legislation with respect to collective action in the UK. We identify two recurring and interconnected themes. First, successive public order Acts have reacted to waves of protest by expanding the scope of what is deemed a threat, shifting the focus from violence to disruption. The most recent Acts redefine disruptive protest as a form of social harm. Second, this extension of state power has been accompanied by a steady constriction of the courtroom as a space for resistance. While the use of law as a repressive tool inevitably produces a dialectical effect, as those targeted develop new networks, means, and spaces of resistance, the formal legal avenues for activists to justify their actions are now highly circumscribed. The courtroom, therefore, remains a critical but increasingly challenging arena where the democratic case for protest is continually asserted.