During the present period of mourning for Queen Elizabeth II, public sensitivities in the United Kingdom and Australia are high. There’s strong sentiment in both countries in favour of showing respect for the queen’s death. Some people may wish to do this privately. Others will want to demonstrate their respect publicly by attending commemorations and processions.

There are also cohorts within both countries that may wish to express discontent and disagreement with the monarchy at this time. For instance, groups such as Indigenous peoples and others who were subject to dispossession and oppression by the British monarchy may wish to express important political views about these significant and continuing injustices.

This has caused tension across the globe. For instance, a professor from the United States who tweeted a critical comment of the queen has been subject to significant public backlash. Also, an Aboriginal rugby league player is facing a ban and a fine by the NRL for similar negative comments she posted online following the queen’s death.

This tension has been particularly so in the UK, where police have questioned protestors expressing anti-monarchy sentiments, and in some cases, arrested them.

But should such concerns about the actions of the queen and monarchy be silenced or limited because a public declaration of mourning has been made by the government?

This raises some difficult questions as to how the freedom of speech of both those who wish to grieve publicly and those who wish to protest should be balanced.

What laws in the UK are being used to do this?

There are various laws that regulate protest in the UK. At a basic level, police can arrest a person for a “breach of the peace”.

Also, two statutes provide specific offences that allow police to arrest protestors.

Section 5 of the Public Order Act 1986 UK provides that a person is guilty of a public order offence if:

Read more: https://theconversation.com/not-my-king-do-we-have-the-right-to-protest-the-monarchy-at-a-time-of-mourning-190687