The jury took just two hours. Tony Greenstein – Jewish socialist, anti-Zionist – had faced fourteen years under the Terrorism Act for three social media posts and a blog article opposing Israel’s genocide in Gaza. The Crown called it “inviting support for Hamas.” The jury called it something else.
Section 12 of the Terrorism Act makes it an offense to invite support for a proscribed organization. Greenstein’s reference to a “Gaza ghetto uprising”, it argued, amounted to support for Hamas. Three social media posts and a blog article. The bill the State was demanding for those words – fourteen years.
Judge Sarah Plaschkes repeatedly objected when Greenstein brought the wider historical-political context of Palestine/Israel into the courtroom – warning him against treating the proceedings as a political forum. When the closing speech came, Greenstein was by now so concerned about what might happen to his barrister that he decided to address the jury himself (no doubt considering what had happened to Barrister Rajiv Menon KC – more of whom later). For thirty minutes he examined the prosecution case and the context in which his posts had been written. The jury wasn’t asked to lay aside the offending words; instead, he guided the jurors in an articulate reading (see his address to the jury, here) in which the world in which they’d been written was made clear (full trial coverage at the Canary, here).
But this court was rigged and thus determined to keep all context out of the courtroom. Nevertheless, despite Judge Plaschkes’ hostile interruptions, Greenstein’s speech laid bare the realities the prosecution had no interest in facing: his opposition to Hamas evident in dozens of articles he’d penned and published on his platform over the years; and Israel’s genocide in Gaza after October 2023. He spelled out the difference between supporting Hamas and defending the right of Palestinians to resist Israeli oppression, and the obvious point that the posts in contention clearly did not express support for Hamas.
Greenstein recounted to the jury how his grandparents fled Poland before the War, and most of those left behind perished in Treblinka. To him, Greenstein told the jury, the Holocaust was not history, but inheritance. He invoked the story of the 1943 Warsaw Ghetto uprising as a parallel of Gaza: young Jewish men and women rising up against the SS with smuggled pistols against tanks, knowing it was hopeless yet choosing resistance anyway. October 7th was Gaza’s uprising. The judge objected.
Once Greenstein had finished speaking (to a round of applause from the public gallery), Judge Plaschkes addressed the court to say that she had considered referring Greenstein for contempt of court. She then dismissed his address as a “rambling speech delivered by an old man”. An extraordinary turn of phrase in a criminal trial in which Greenstein was about to find out whether he was to be sentenced to 14 years in prison.
Home Secretary Yvette Cooper added Palestine Action to the UK’s list of proscribed organizations in July 2025, under section 3 of the Terrorism Act 2000. But proscription criminalizes more than membership. Up to fourteen years in prison can follow under section 12, which makes it an offence to “invite support for a proscribed organization” or to “express an opinion or belief that is supportive of a proscribed organization…” That was the provision the Crown used to prosecute Tony Greenstein, and it applies right now to public expressions of support for Palestine Action. Serious concerns over freedom of expression and peaceful assembly were raised by a group of five UN Special Rapporteurs over proscribing a group for property destruction.
On 6 August 2024 activists from Palestine Action staged a break-in at Elbit Systems, in Filton, near Bristol. It’s an Israeli defense company with British operations supplying equipment to the IDF. They entered facilities, sabotaged machinery and hindered production they regarded as part of Israel’s war-making infrastructure. During the parliamentary debate on the proscription order, it was argued that Palestine Action had targeted only industrial facilities, and not civilians. The government went ahead with proscription anyway.
Rajiv Menon KC represented one of the six defendants in the February 2026 Filton Trial. All six were acquitted of aggravated burglary but the jury failed to agree on criminal damage. At the May retrial, four were convicted. Menon’s closing speech was a masterclass and invoked the 1670 Bushell case – a landmark ruling on jury independence from judicial interference, arguing that the judge could not direct a conviction. Judge Jeremy Johnson then referred Menon for contempt, a referral the Court of Appeal overturned on procedural grounds in May before Johnson referred to it correctly in June.
The Filton defendants were acquitted of the most serious charge – the barrister who defended them is now facing contempt proceedings for the way he did it.
So what lies behind all this courtroom drama is a routine machinery. Proscription – the government’s designation of an organization as terrorist – takes effect by order of the Home Secretary. It falls to the barrister to gauge how far a closing speech can go before crossing the line into contempt, while the judge cautions against political argument. Indeed, the evidence shows that judges are increasingly directing what juries are allowed to hear before threatening barristers with contempt. To an outside observer there is little sign of a conflict – yet behind these routine procedures is something damning: what the jury doesn’t get to hear – could mean years in prison.
And, of course, the elephant in the room is that Britain is directly implicated in Israel’s genocide in Gaza. In September 2024, as the government suspended thirty arms export licenses to Israel, Foreign Secretary David Lammy told Parliament that “there exists a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law”. Thirty licenses suspended out of three hundred and fifty. Britain would also continue to supply F-35 components through the global parts pool serving Israel, with the government arguing that withdrawal would undermine allied security. British weapons armed a state committing a genocide despite their supposed withdrawal.
The state that arms Israel prosecutes those who oppose it.
The Crown had brought three posts, a blog article and an accusation of terrorism before the jury. But Greenstein stood on that essential context – despite the hostile judge’s interjections. And a mere two hours after retiring – the jurors returned with a unanimous verdict of not guilty.
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