Forum

 
  Back to OzPolitic.com   Welcome, Guest. Please Login or Register
  Forum Home Album HelpSearch Recent Rules LoginRegister  
 

Pages: 1 2 3 4 
Send Topic Print
Neo-Nazi arrested over hate speech (Read 556 times)
Bobby.
Gold Member
*****
Offline


Australian Politics

Posts: 116559
Melbourne
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #15 - Yesterday at 1:25pm
 
freediver wrote Yesterday at 1:18pm:
So the "Jewish lobby groups" are responsible for a set of hate speech laws that specifically protects the right of Muslims to use their religion to promote the slaughter of Jews?



It seems that way -
as long as it's in an Islamic religious text -
then it's OK to encourage the slaughter of Jews.   Undecided
Back to top
 
 
IP Logged
 
Bobby.
Gold Member
*****
Offline


Australian Politics

Posts: 116559
Melbourne
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #16 - Yesterday at 1:32pm
 
Setanta wrote Yesterday at 1:22pm:
Brian Ross wrote Yesterday at 9:08am:
Despite what many here believe, Australia has never had Freedom of Speech. It has always been subject to Government and legal whim.  Tsk, tsk, tsk...  Roll Eyes Roll Eyes


The high court disagrees and has ruled that we have on matters of politics and economics.

Quote:
Implied Freedom of Political Communication
The Australian Constitution (“the Constitution”) does not explicitly mention the phrase “freedom of speech” anywhere, however the High Court in Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 and Australian Capital Television v Commonwealth (ACTV) (1992) 177 CLR 106 decided that the Constitution contained an implied right to freedom of communication on political matters.


Download our A3 Resource on the Implied Freedom of Communication



The judges who upheld the argument of an implied freedom of communication in the above cases were of the view that the freedom is implied by virtue of Australia’s system of representative government, as established by the Constitution. 

Former Chief Justice of the High Court His Honour Justice Brennan observed in Nationwide News [at 47]:

“To sustain a representative democracy embodying the principles prescribed by the Constitution, freedom of public discussion of political and economic matters is essential:  it would be a parody of democracy to confer on the people a power to choose their Parliament but to deny the freedom of public discussion from which the people derive their political judgments”.   

Notwithstanding this case, there has been increasing concern in recent years that the implied right of political communication is being encroached upon. 

https://www.ruleoflaw.org.au/implied-freedom-of-political-communication-case-note-and-new-resource/



Does that mean that Brandan Koschel will beat the charges?    Undecided
Back to top
 
 
IP Logged
 
Daves2017
Gold Member
*****
Offline


Australian Politics

Posts: 2978
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #17 - Yesterday at 1:43pm
 
If the government is consistent and the courts apply the laws fairly the very worst thing that will happen to him is the local council will be requested to cut his mains water off.



That’s the response to Muslim people preaching hate?

However as neo Nazis don’t exist ( thankfully) in numbers too decide via votes a labor seat I expect he will be treated completely differently from those of another faith even given they believe and speak the same horrible words.

It’s all about votes and one law for one and a blind eye for the same offence for another.

Advance Australia fair.

Fairer for some not the majority.
Back to top
 

I’ll just keep dancing at the Pink Pony Club
 
IP Logged
 
MeisterEckhart
Gold Member
*****
Offline


Australian Politics

Posts: 16397
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #18 - Yesterday at 1:52pm
 
Setanta wrote Yesterday at 1:22pm:
“To sustain a representative democracy embodying the principles prescribed by the Constitution, freedom of public discussion of political and economic matters is essential:  it would be a parody of democracy to confer on the people a power to choose their Parliament but to deny the freedom of public discussion from which the people derive their political judgments”.   

That is a long walk from what Americans recognise as free speech latitude, by which many Australians assume they're also covered.

The right to openly and publicly disagree with a politician (or anyone) on political or economic matters doesn't cut it in the minds of free speech absolutists.
Back to top
 
 
IP Logged
 
MeisterEckhart
Gold Member
*****
Offline


Australian Politics

Posts: 16397
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #19 - Yesterday at 1:55pm
 
Bobby. wrote Yesterday at 1:32pm:
Setanta wrote Yesterday at 1:22pm:
Brian Ross wrote Yesterday at 9:08am:
Despite what many here believe, Australia has never had Freedom of Speech. It has always been subject to Government and legal whim.  Tsk, tsk, tsk...  Roll Eyes Roll Eyes


The high court disagrees and has ruled that we have on matters of politics and economics.

Quote:
Implied Freedom of Political Communication
The Australian Constitution (“the Constitution”) does not explicitly mention the phrase “freedom of speech” anywhere, however the High Court in Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 and Australian Capital Television v Commonwealth (ACTV) (1992) 177 CLR 106 decided that the Constitution contained an implied right to freedom of communication on political matters.


Download our A3 Resource on the Implied Freedom of Communication



The judges who upheld the argument of an implied freedom of communication in the above cases were of the view that the freedom is implied by virtue of Australia’s system of representative government, as established by the Constitution. 

Former Chief Justice of the High Court His Honour Justice Brennan observed in Nationwide News [at 47]:

“To sustain a representative democracy embodying the principles prescribed by the Constitution, freedom of public discussion of political and economic matters is essential:  it would be a parody of democracy to confer on the people a power to choose their Parliament but to deny the freedom of public discussion from which the people derive their political judgments”.   

Notwithstanding this case, there has been increasing concern in recent years that the implied right of political communication is being encroached upon. 

https://www.ruleoflaw.org.au/implied-freedom-of-political-communication-case-note-and-new-resource/



Does that mean that Brandan Koschel will beat the charges?    Undecided

Not even close.
Back to top
 
 
IP Logged
 
Bobby.
Gold Member
*****
Offline


Australian Politics

Posts: 116559
Melbourne
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #20 - Yesterday at 1:59pm
 

Video:


James Glissan

Description
I'm James Glissan, an Australian lawyer bringing clarity and honesty to the legal system.
On this channel, I break down General Australian Law, Criminal & Traffic Law, and your Rights with Police and other Authorities. My goal is to explain complex legal topics simply so you don't get screwed by the system.

Disclaimer: Content is for education only, not legal advice.







Jan 27, 2026

THE UNCOMFORTABLE TRUTH: these new “hate speech” and risk-based laws don’t just target extremists – they quietly change the legal rules that apply to you.
In this video, I break down, in plain English, the 10 ways these new laws actually affect your life, your speech, your messages, your associations and even where you can live and travel as an Australian, as well as how they CAN be reversed.

Most people think this is just “tough on hate” politics. It’s not.
These laws:

Shift us from punishment after a crime… to intervention before you’ve done anything
Put risk ahead of proof
Expand Australia’s reach beyond our borders
Hand more power to ministers and agencies, and less to courts and judges
Create a two-tier system for speech, depending on who you are and what you believe

I’ll show you:

Why you never had a constitutional right to free speech or free association in Australia.
How these laws turn your “freedoms” into permissions that can be taken away.
The 10 specific changes that matter for ordinary people, not just lawyers and politicians.
How this can affect journalists, activists, community groups, religious organisations and online communities.
What it would actually take to roll these laws back or have them repealed.

If you want to understand the system you live under – not the sales pitch – this video is for you.
Back to top
 
 
IP Logged
 
MeisterEckhart
Gold Member
*****
Offline


Australian Politics

Posts: 16397
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #21 - Yesterday at 2:26pm
 
When Australians express themselves, assuming American-style liberties, other Australians lambast Australian politicians for their weak response.

When Australian politicians respond to public outrage at certain groups expressing their extreme disdain for another by proposing speech restrictions, Australians lambast them as fascists.
Back to top
 
 
IP Logged
 
chimera
Gold Member
*****
Offline


Australian Politics

Posts: 14393
Armidale
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #22 - Yesterday at 3:50pm
 
Bobby. wrote Yesterday at 1:59pm:
I'm James Glissan, an Australian lawyer bringing clarity and honesty .

No, incitement and conspiracy are offences already. Slander and libel are, in defamation.  Copyright and intellectual property breaches are illegal.  People are charged for their emails and phone calls to organise future criminal acts.
Back to top
 
 
IP Logged
 
thegreatdivide
Gold Member
*****
Offline


Australian Politics<br
/>

Posts: 14903
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #23 - Yesterday at 4:46pm
 
greggerypeccary wrote Yesterday at 11:36am:
thegreatdivide wrote Yesterday at 10:58am:
Sir Grappler Truth Teller OAM wrote on Jan 27th, 2026 at 5:07pm:
"A 31-year-old man was arrested for using hate speech linked to neo-Nazi ideology during a March for Australia protest in Sydney's inner east. He was detained by New South Wales police shortly before 3:00 PM after giving an open-microphone speech and is currently being questioned."

https://www.youtube.com/watch?v=88RwKWP05Ec


It's a pity we probably won't be allowed to hear what the police deem to be "hate speech" in this case, so that we can decide for ourselves.


A court of law will decide, not the court of public opinion.



Yeh, but it would be good if the courts would enlighten us re how the  law re "hate speech" works.





Back to top
 
 
IP Logged
 
greggerypeccary
Gold Member
*****
Offline


Australian Politics

Posts: 149766
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #24 - Yesterday at 4:55pm
 
thegreatdivide wrote Yesterday at 4:46pm:
greggerypeccary wrote Yesterday at 11:36am:
thegreatdivide wrote Yesterday at 10:58am:
Sir Grappler Truth Teller OAM wrote on Jan 27th, 2026 at 5:07pm:
"A 31-year-old man was arrested for using hate speech linked to neo-Nazi ideology during a March for Australia protest in Sydney's inner east. He was detained by New South Wales police shortly before 3:00 PM after giving an open-microphone speech and is currently being questioned."

https://www.youtube.com/watch?v=88RwKWP05Ec


It's a pity we probably won't be allowed to hear what the police deem to be "hate speech" in this case, so that we can decide for ourselves.


A court of law will decide, not the court of public opinion.



Yeh, but it would be good if the courts would enlighten us re how the  law re "hate speech" works.



As adults, I think we all have a pretty good idea of what would constitute hate speech and what wouldn't.

I've not seen any legislation that has an exact checklist of behaviours to describe dangerous driving, but I'm pretty sure I'd know if I was doing it or not.

Back to top
 

GOP = Guardians Of Paedophiles
 
IP Logged
 
Bobby.
Gold Member
*****
Offline


Australian Politics

Posts: 116559
Melbourne
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #25 - Yesterday at 5:01pm
 
greggerypeccary wrote Yesterday at 4:55pm:
As adults, I think we all have a pretty good idea of what would constitute hate speech and what wouldn't.

I've not seen any legislation that has an exact checklist of behaviours to describe dangerous driving, but I'm pretty sure I'd know if I was doing it or not.




Is this hate speech?


We have only 9 seconds of the 45 second video here:

Time stamp 21 - 30 seconds.

https://www.facebook.com/iwakeupwithtoday/videos/white-nationalist-brandan-kosch...

Brandan Koschel
Quote:
The hate speech laws were pushed by the Australian -
ahh the Jewish lobby groups
in Australia - they - they were behind it all - they were behind it all.
Back to top
 
 
IP Logged
 
greggerypeccary
Gold Member
*****
Offline


Australian Politics

Posts: 149766
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #26 - Yesterday at 5:06pm
 
Bobby. wrote Yesterday at 5:01pm:
greggerypeccary wrote Yesterday at 4:55pm:
As adults, I think we all have a pretty good idea of what would constitute hate speech and what wouldn't.

I've not seen any legislation that has an exact checklist of behaviours to describe dangerous driving, but I'm pretty sure I'd know if I was doing it or not.




Is this hate speech?


We have only 9 seconds of the 45 second video here:

Time stamp 21 - 30 seconds.

https://www.facebook.com/iwakeupwithtoday/videos/white-nationalist-brandan-kosch...

Brandan Koschel
Quote:
The hate speech laws were pushed by the Australian -
ahh the Jewish lobby groups
in Australia - they - they were behind it all - they were behind it all.


Not a lot of love in what he said, is there?
Back to top
 

GOP = Guardians Of Paedophiles
 
IP Logged
 
chimera
Gold Member
*****
Offline


Australian Politics

Posts: 14393
Armidale
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #27 - Yesterday at 5:09pm
 
The MPs must be thanking the Nazis for existing so they can be banned. It gets govt. off the accusation of Muss bashing.
Back to top
 
 
IP Logged
 
Bobby.
Gold Member
*****
Offline


Australian Politics

Posts: 116559
Melbourne
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #28 - Yesterday at 5:11pm
 
greggerypeccary wrote Yesterday at 5:06pm:
Bobby. wrote Yesterday at 5:01pm:
greggerypeccary wrote Yesterday at 4:55pm:
As adults, I think we all have a pretty good idea of what would constitute hate speech and what wouldn't.

I've not seen any legislation that has an exact checklist of behaviours to describe dangerous driving, but I'm pretty sure I'd know if I was doing it or not.




Is this hate speech?


We have only 9 seconds of the 45 second video here:

Time stamp 21 - 30 seconds.

https://www.facebook.com/iwakeupwithtoday/videos/white-nationalist-brandan-kosch...

Brandan Koschel
Quote:
The hate speech laws were pushed by the Australian -
ahh the Jewish lobby groups
in Australia - they - they were behind it all - they were behind it all.


Not a lot of love in what he said, is there?



I reckon it's weak case.


It says.
https://www.ruleoflaw.org.au/implied-freedom-of-political-communication-case-not...

The Appeal to the High Court
Mrs Clubb and Mr Preston appealed their matters to their respective state Supreme Courts and the issues of implied freedom of political communication were removed to the High Court (Clubb v Edwards; Preston v Avery ). They argued the legislation on which their two convictions were based interfered with the implied freedom of political communication and were thus invalid.
Back to top
 
 
IP Logged
 
Setanta
Gold Member
*****
Offline


\/ Peace man!

Posts: 17222
Northern NSW
Gender: male
Re: Neo-Nazi arrested over hate speech
Reply #29 - Yesterday at 6:07pm
 
MeisterEckhart wrote Yesterday at 1:52pm:
Setanta wrote Yesterday at 1:22pm:
“To sustain a representative democracy embodying the principles prescribed by the Constitution, freedom of public discussion of political and economic matters is essential:  it would be a parody of democracy to confer on the people a power to choose their Parliament but to deny the freedom of public discussion from which the people derive their political judgments”.   


That is a long walk from what Americans recognise as free speech latitude, by which many Australians assume they're also covered.

The right to openly and publicly disagree with a politician (or anyone) on political or economic matters doesn't cut it in the minds of free speech absolutists.


So what? I was replying to this...

Brian Ross wrote Yesterday at 9:08am:
Despite what many here believe, Australia has never had Freedom of Speech. It has always been subject to Government and legal whim.  Tsk, tsk, tsk...  Roll Eyes Roll Eyes


Not what you assume I was responding to or what others think.
Back to top
 
 
IP Logged
 
Pages: 1 2 3 4 
Send Topic Print