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  • 6 weeks ago
Neo-Nazis group 'White Australia' has taken its legal challenge against new hate speech laws to the high court. Lawyers for the group which is led by Thomas Sewell have been making submissions before the full bench of the high court in Canberra.

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00:01The reason this matter has ended up in the High Court today is because the White Australia
00:06Party is challenging new hate speech laws that the government introduced back in January
00:12in the wake of the Bondi-Harnica attack in December last year.
00:16Now those laws have the power to prohibit certain groups that they say spread hatred.
00:22White Australia has been declared one of those groups back in May.
00:26At the time White Australia was on the cusp of forming its own political party and they
00:32say that these laws effectively outlaw them and scuttle those ambitions entirely.
00:38They're challenging the constitutional validity of those laws in the High Court.
00:44Members of White Australia also known as the National Socialist Network have been present
00:49before the High Court today and they've filled the gallery.
00:52The gallery and the upstairs viewing platform are both full today with members and observers
00:58in this particular matter and that's also brought an increased and more visible police presence
01:04to the High Court.
01:05Now the White Australia Party is challenging these laws on three grounds.
01:09They say that the Commonwealth doesn't actually have the constitutional power to make them
01:13in the first place.
01:14They claim they breach the separation of powers and they also argue that these laws burden
01:20the implied freedom of political communication.
01:23Now for its part the Commonwealth says that these laws are necessary for Australia to be able
01:29to uphold its international obligations to protect against extremism and they also argue
01:35that White Australia is only seeking to become a political party in order to secure the protections
01:41that the freedom of political communication laws that we have in Australia afford them.
01:46Now the barrister for White Australia, Peter King, has been making oral submissions before
01:52the full bench of the High Court today.
01:54He's lent quite heavily on the precedent of the Australian Communist Party case which attempted
02:00back in the day of Robert Menzies to ban a different type of political group.
02:04We'll hear from the Commonwealth either later this afternoon or tomorrow when this case
02:09is expected to continue.

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