Nazi salutes and freedom of speech

Does prohibiting persons from making a Nazi salute amount to a breach of the implied freedom of political communication in the Australian Constitution? This video discusses the constitutional issues and the test that a court would apply in deciding whether the Victorian law prohibiting the making of Nazi salutes is constitutionally valid.

[@Wh4tGoesAround]

Thank you for explaining this topic so clearly and with such detail.

[@liammax98]

Thank you Professor Twomey!!!!

[@WadeAdjunct]

Very good video, Anne. Thanks for making it. I predict the High Court will once again let us all down and allow this horrible law.

[@watleythewizard2381]

I was almost charged once for sarcastically responding to a cop with a “heil” and a nazi salute during a protest when the cops had begun pushing their weight around. It was my response to how the cops in nsw can be a little bit fascist in dealing with legitimate protest during the late 90s.

[@JamesVCTH]

I’m aware that the federal version of this law is likely supported by external affairs. However could you make a Thomas v Mowbray type argument that the suppression of such anti democratic groups is necessary for the defence of the Commonwealth under the defence power?

[@constitutionalclarion1901]

I think it would depend on the circumstances, but if there were neo-Nazi groups that posed a terrorist threat to Australia, then the defence power would certainly be in play, because of Thomas v Mowbray. On the other hand, if it was really just kids pushing boundaries to show how tough they are, then the defence power is unlikely to apply.

[@akompsupport]

Fake democracy must fight democratic forms of protest to defend oligarchy: Film at Eleven!

[@musicalneptunian]

surely if the Nazi salute occurs from a group of them doing the stunt marches that we've seen recently, then that would be enough of a threat to good order to warrant such a law, especially when their leader is a convicted violent offender. @@constitutionalclarion1901

[@sheilaghbolt3601]

Great video thank you!

[@AuspolExplained]

Insightful as always.

[@TheNakedWombat]

A nation’s laws should not curtail political freedoms while somehow finding a way to not permit using the tool of political voice seeking to cause harm.

[@simperingham]

I would hope to see the law upheld where it concerns legitimate Nazi ideology and hateful intent, contrasted against the use of the salute as a commentary on political speech.

[@alexanderwinn2896]

Good video fleshing out the issues, albeit the title was misleading.

[@constitutionalclarion1901]

Sorry to mislead with the title - I was just trying to be succinct. It is a bit to wordy to refer to the constitutionally implied freedom of political communication in the title. But I agree the title was wider than the scope of the content.

[@KenDavis761]

I must be an unreasonable person. I'm not offended. In fact much as I hate the nazi ideology, I admire their FU attitude to the actual totalitarians who actually have the power to impose their totalitarian views on the populace.