Jacob Hersant, a self-described Nazi, has become the first person in Australia to be sentenced to prison for performing an outlawed salute. He was ordered to spend one month behind bars in Melbourne, becoming the first person in the state of Victoria to be convicted of this offense. Hersant, 25, was convicted of performing the Nazi salute outside the Victoria County Court on Oct. 27, 2023, just after avoiding a prison sentence for causing violent disorder. The salute had been outlawed by the state parliament just days before Hersant’s offense.
Hersant’s lawyer, Tim Smartt, indicated that the sentence would be appealed, and he intended to apply for bail in a higher court before the appeal hearing. Smartt argued that a nonviolent act should not result in a prison sentence, but Magistrate Brett Sonnet deemed it appropriate. Sonnet stated that if there had been physical violence, he would have imposed a sentence closer to the maximum penalty, highlighting that Hersant had used the media to promote Nazi ideology and disseminate extreme political views. Hersant is a member of the National Socialist Network, an organization that advocates for white supremacy, the deportation of immigrants, and far-right ideologies.
During the salute, Hersant praised Adolf Hitler and proclaimed, “Australia for the white man.” Sonnet condemned his words as racist and promoting white supremacy, asserting that no race is superior to any other. Hersant’s lawyers had argued that his comments and salute were protected by an implied constitutional freedom of political communication. However, Sonnet disagreed, stating that Hersant had exploited the media to spread extreme views and had no right to promote racist ideologies. On his way into court, Hersant maintained that he had a right to express his political beliefs, and argued that the laws prohibiting his actions were constitutionally invalid and discriminatory against white individuals.
The maximum penalty Hersant faced was 12 months in prison plus a fine of 24,000 Australian dollars ($16,025). He was allowed to remain free on bail after his initial conviction until his sentencing, at which point he was ordered to serve one month in prison. Smartt emphasized that jailing a 25-year-old for a nonviolent act was unjust, but Sonnet deemed a prison sentence appropriate due to Hersant’s attempts to spread Nazi ideology and white supremacy publicly. Hersant’s defiance of the law and promotion of racist views led to his conviction and subsequent imprisonment, marking a significant legal precedent in Australia regarding the prohibition of Nazi salutes and extremist political expressions.
Hersant’s case has sparked debate around freedom of speech, constitutional rights, and the boundaries of political expression. While he and his legal team argue that he has the right to voice his political beliefs, the court has emphasized that hate speech and the dissemination of racist views have legal consequences. By sentencing Hersant to prison for performing the outlawed salute, the court has reiterated Australia’s stance against white supremacy and Nazi ideology, sending a clear message that such expressions of extremism will not be tolerated. The legal battle over Hersant’s conviction and appeal will likely continue to raise questions about the balance between individual freedom of expression and the protection of marginalized communities from harmful ideologies and hate speech.
