Summary
Jacob Hersant, a self-described Nazi, was sentenced to one month in prison, becoming the first person in Australia jailed for performing an outlawed Nazi salute.
Convicted in Victoria for making the salute outside a courthouse in October, Hersant’s act followed new legislation banning the gesture.
Magistrate Brett Sonnet justified the sentence, citing Hersant’s intent to promote Nazi ideology publicly.
Hersant’s lawyer argued that his actions were nonviolent and claimed they were protected as political expression, stating plans to appeal the ruling on constitutional grounds.
In Australia, and likely in most other countries, rights come with responsibilities. Our freedom of political communication, as outlined in the Victorian Human Rights Charter, doesn’t allow us to infringe on others’ rights to feel safe. Public expressions of neonazism can intimidate and threaten community safety, which limits that freedom. Just as we can’t harass or incite violence, any form of expression that undermines others’ rights to safety is restricted.
I myself also believe freedoms shouldn’t be tarnished by outrageous legislation, but I don’t believe this is an example of that, as it protects other people’s rights more than the ones prosecuted.