White Australia Party challenges hate speech ban at High Court
The neo-Nazi-linked White Australia Party says a law banning it breaches rights to political speech.
White Australia Party Inc, led by white supremacist Thomas Sewell, is mounting a challenge to a May ban. The government banned it as a hate group.
The party's lawyers argue the ban breaches the right to political speech and say Home Affairs Minister Tony Burke went beyond his powers. The party's lawyers also claim the Commonwealth cannot ban political parties.
They cite a Cold War ruling when the High Court stopped Prime Minister Robert Menzies from banning the Communist Party of Australia. The government says the party is not genuinely political.
It is part of the banned White Australia group, itself a rebrand of the neo-Nazi group National Socialist Network. Constitutional law expert Anne Twomey said both sides have strong arguments.
The case is complex and falls in a grey zone. A decision is not expected for several weeks.
- Thomas Sewell
- Party leader
- May 16
- Ban date
- Tony Burke
- Home Affairs Minister
Why it mattersA court ruling will test the strength of Australia's hate speech laws passed after the Bondi massacre.
AustraliaThe outcome will shape how Australian law can restrict far-right and extremist groups, and whether the hate speech legislation rushed through parliament in January can survive judicial scrutiny.
✓ Claims checked against the source. checked 29 d ago
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