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Terrorism and Freedom of Expression

Speaker: Laura O’Brien
Date: 2026

CRIMINAL

Laura is a Partner and Head of the Protest Team at Hodge, Jones and Allen. She is a
dedicated defence solicitor and Crown Court advocate and is highly regarded amongst
protest groups for her important work on high profile cases in this area. She fights on behalf
of her clients to avoid prosecution, whether by challenging evidential basis or by challenging
a decision that prosecution is in the public interest.
Laura provides us with another essential update amidst an ongoing context of social,
economic and political tensions, whereby protests are on the rise and government and police
responses have heightened in response. She outlines how freedom of expression is
inscribed within the European Convention on Human Rights (ECHR), and how these rights
are engaged in protest cases, noting the significance of “peaceful” protesting. She then
moves on to outline how Section 12 (1A) of the Terrorism Act 2000 interferes with the ECHR.

Key Words/Topics
Article 9 of the European Convention on Human Rights
Article 10 of the European Convention on Human Rights
Article 11 of the European Convention on Human Rights
Proportionality
Freedom of Conscience
Freedom of Expression
Freedom of Assembly

Criminal damage
Peaceful damage
Reference by the Attorney General of Northern Ireland - Abortion Services (Safe Access
Zones) (Northern Ireland) Bill [2022] UKSC 32
AG Ref 1 of 2022 [2022] EWCA Crim 1259
R v ABJ [2024] EWCA Crim 1597
12(1A) of the Terrorism Act (TACT) 2000
Public Importance
R v Choudary [2016] EWCA Crim 1436; [2018] 1 WLR 695
Ceylan v Turkey (Application no 23556/94) (1999) 30 EHRR 73
R v Casserly [2024] EWCA Crim 25

CRIME, HOUSING, FAMILY, IMMIGRATION,
EXTRADITION, POLICE STATION, UNITY

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