Thomas Sewell: Australian neo-Nazi to mount constitutional argument to offensive behaviour, obscene language charges

Well-known neo-Nazi leader Thomas Sewell will argue a speech he gave through a megaphone during a public demonstration is “protected” under the Australian Constitution, a court has been told. The 32-year-old was charged by police with offensive behaviour and using obscene language during what he labelled a “political rally” last year. Mr Sewell, the former leader of neo-Nazi group the National Socialist Network (NSN), is set to fight the allegations in a contested hearing in two weeks. The NSN, along with associated groups, claims to have “fully disbanded” last Sunday in response to the government's Hate Speech laws, after Home Affairs Minister Tony Burke singled out the NSN and radical Islamist group Hizb ut-Tahrir as intended to be captured under new Hate Group provisions in the laws. A crowdfunding campaign launched by Mr Sewell claiming to be fundraising for a High Court challenge to the laws has since raised $136,500. He appeared in the Melbourne Magistrates Court on Friday morning for a special mention on the charges after previously flagging he intended to mount a constitutional defence to the charges. The court was told prosecutors had received confirmation on Thursday that Mr Sewell had given notice of his constitutional claim to Australia’s Attorneys-General inviting them to intervene in the case — a process he is required to do by the law. Under his defence, Mr Sewell will argue the communications he is alleged to have made were “protected communications”. “This is really basic stuff the Constitution protects,” Mr Sewell said. Prosecutors, the court was told, will allege Mr Sewell’s speech “(fell) outside protected communications”. Magistrate Patrick Southey elected to split the case, with the criminal allegations set to be heard on February 4 and arguments on any constitutional defence Mr Sewell raises to be heard at a later date to allow the Attorneys-General to respond if any chose to do so. Prosecutor Alex Turner told the court they would call three witnesses; a civilian who allegedly filmed part of Mr Sewell’s speech, a police officer who recorded a post on X, formerly Twitter, and the police investigator who laid charges. He said consideration would be given on whether the prosecution would continue or withdraw the charge of using obscene language before the hearing begins on February 4.