By Jacob Mchangama and Samantha Barbas

The Bondi Beach massacre of Dec. 14, in which 15 people were murdered during a Hanukkah celebration, has become a grim symbol of rising antisemitic violence across Western democracies. In Sydney, as well as in places like Paris, London, Berlin and Copenhagen, Jews have been living in fear of threats, intimidation and terrorist violence.

Governments have rushed to act. Too often, however, their response has been to expand laws criminalizing speech — an approach that offers the appearance of resolve while doing little to address the sources of violence and much to erode fundamental freedoms. Australia offers a telling example.

Following outbreaks of antisemitism after Hamas’ attack on Israel on Oct. 7, 2023, Australian hate speech laws were expanded both at the federal level and in New South Wales, where Bondi Beach is located. As became all too clear on Dec. 14, these laws did nothing to prevent the attack.

Yet, the immediate response of Australian Prime Minister Anthony Albanese has been to promise yet more speech-restrictive legislation. What began as a moment of national mourning has rapidly turned into one of the most sweeping expansions of hate speech laws and protest restriction powers in the country’s modern history. Intended as an urgent response to antisemitism, new federal and state measures threaten to reach far beyond violence or direct incitement — reshaping how speech, protest and political dissent are regulated in the wake of terrorism.

The Bondi Beach attack has also had ramifications for free speech outside Australia. British police arrested two people after announcing their intentions to crack down on the pro-Palestinian slogans “globalize the intifada” and “from the river to the sea.” This policy has already been introduced in Germany, with ramifications for protest and online dissent.

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Executive Director  at   
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Jacob Mchangama is the Founder and Executive Director of The Future of Free Speech. He is also a research professor at Vanderbilt University and a Senior Fellow at The Foundation for Individual Rights and Expression (FIRE).

Samantha Barbas
Aliber Family Chair in Law and Professor  at   
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Samantha Barbas is professor of law at the University of Iowa College of Law.