ABSTRACT
It is often said that toleration of public protest is a hallmark of a democratic, free society. The logic of such a society is that it is prepared to take at least some account of the wishes of its citizens and will not wish to stray too far from the path of majority acceptance in decision making. Further, it does not impose one vision of the good life on its citizens; therefore, it tolerates and even encourages the public expression of various political visions. Public protest as a form of expression is therefore tolerated in free societies.2 However, the public interests which may be threatened by public protest-the maintenance of order, the preservation of property, freedom of movement, respect for personal autonomy-may also be viewed as essential to democracy.3 Thus, a tension clearly exists between the legitimate interest of the State in maintaining order on the one hand and, on the other, the protection of the freedoms of protest and assembly.
