Protest is deeply rooted in the history and culture of politics and law in England and Wales1 and the domestic law of public order has reflected this2. The right to protest in domestic law was traditionally a negative right3, and protest was predominantly policed by the ancient common law doctrine of breach of the peace4, the myriad by-laws covering nearly every activity in a public place including assemblies5, restrictions on the use of the highway and other public spaces6, and the common law tort of public nuisance7. The later twentieth century saw a growing recognition of freedom of assembly
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