ello (@piers)

Update: "There was barely a seat spare in the gallery of the High Court of Australia's largest courtroom this morning, when one of the country's highest-profile neo-Nazi groups began making its case against **new federal hate speech laws**. "Members of #WhiteAustralia and legal teams, 12 members strong, had quickly filled Courtroom One, spilling observers into the upstairs mezzanine and other spare courtrooms where, prepared for the overflow, a video feed of the proceedings was playing. Even though it determines the country's most important legal decisions, it is unusual for the High Court to be so popular. "**But the constitutional case it is hearing will have significant legal and political consequences**. Laws introduced by the federal government in January, in the wake of the Bondi Beach attack, are being challenged by White Australia and its leader, convicted criminal #ThomasSewell, **as constitutionally invalid**. "The group, **also known as the National Socialist Network**, had been attempting to form a political party to run in federal elections when it was effectively outlawed in May by the federal government, **which used the new laws to declare the party a prohibited hate group**. "White Australia and Sewell argue the **laws burden the implied freedom of political communication, breach the separation of powers**, and were **not validly made within the Commonwealth's range of powers**. "But even before the hearings got underway, the High Court forecourt was busy. Sewell was pacing quietly near a water fountain, where a group of men dressed in suits — many bearing reflective sunglasses in bright colours — were waiting for the court doors to open. Other supporters arrived with a dedicated camera operator to film content in front of the High Court's tall glass facade. "A visible police presence accompanied them — while there are often a couple of officers on patrol when the High Court sits, it is unusual to see so many. And of course there were cameras, as press gallery journalists ventured down from Capital Hill to cover the case. "Several legal experts believe there is a significant prospect the federal government's ban on White Australia may be overturned by the High Court. The group, **represented by barristers Peter King and Shahed Sharify** argued the total ban was like using a **"sledgehammer on a nut."** "Even if the group's beliefs were **"unpopular or controversial"**, they did not justify political overreach, Mr King said, adding that its members may be **"awful but lawful."** "Their submissions relied on the historical legal precedent set by the federal government's failed attempt to ban the **Australian Communist Party** in the 1950s. The plaintiffs also criticised the hate speech laws for lacking **"tailoring"** — guardrails that it argued should curtail the government's wide-ranging power to ban a group. "**The laws**, White Australia said, **offer banned groups no reviews, no hearings, no written submissions, no sliding scale of punishment, no carve-outs for fair comment, no retrospective time limit, and no ability to subpoena the minister for their reasons behind their decision to prohibit**. "*It goes too far*," Mr Sharify said. "The Commonwealth, led by barrister **Brendan Lim**, said the laws served a legitimate purpose of protecting the Australian community from organisations that engaged in seriously harmful conduct and posed a threat to Commonwealth security. It argued White Australia's claim to be a **"political party"** was a cynical attempt to attract legal protection for prohibited speech. "*[The group] is a neo-Nazi organisation that has engaged in violent conduct and violent rhetoric calculated to inspire violent conduct*," the Commonwealth submitted. "The High Court will also hear from interveners, **including the Free Speech Union and state attorneys-general**, before White Australia is afforded a chance to respond. "**The hearings will continue into Wednesday**." Jade Toomey, ABC https://www.abc.net.au/news/2026-09-08/white-australia-opens-arguments-appeal-against-hate-speech-laws/107129404