A magistrate has confirmed he will jail Australian nationalist Jacob Hersant for making a political salute, a day after his guilty verdict was slammed by free speech advocates.
Mr Hersant, 25, on Tuesday became the first Victorian to be found guilty of performing a banned Nazi salute after Magistrate Brett Sonnet rejected his defences that he did not make the gesture, and that the laws banning it were constitutionally invalid as they restrict legitimate political expression.
The right-wing activist faced Melbourne Magistrates Court again on Wednesday morning for a pre-sentencing hearing where Mr Sonnet said the only “appropriate sentencing order” was a term of imprisonment and attempted to have him remanded in custody ahead of his final sentence ruling.
But Mr Hersant’s lawyer Timothy Smartt successfully argued for his client to be released on appeal bail, citing his strong job prospects and character references as a young father and supportive partner, and revealed Mr Hersant recently won a US poetry contest.
Mr Smartt also told the court Mr Hersant should be punished with a $1,500 fine rather than jail time, and argued that his client should not be jailed for his political views.
Mr Hersant will be sentenced in four weeks time, and told reporters outside court that he would appeal.
“I will appeal this, and these anti-White and tyrannical laws will be struck down, and if I have to suffer in that process I’m more than willing to do that,” he said.
Asked if he was “embarrassed”, Mr Hersant replied that he was “proud to be fighting for our rights as White Australians to express ourselves politically”.
Supporter Joel Davis told reporters that what was happening to Mr Hersant was outrageous.
“Freedom of speech is an ancient Anglo-Saxon principle, this country has always been about free speech,” he said.
“That’s why the High Court determined it is an implied right in our constitution. What is happening now is tyrannical and egregious, and this law better be struck down by the courts otherwise they’ve been captured by a parasitical alien interest group.”
In a video interview conducted with Mr Davis while court was adjourned ahead of the bail decision Mr Hersant said he was prepared to go to jail because he was fighting for a good cause.
“I’m fighting for the rights of the Australian people to express themselves politically,” he said.
“I think the vast majority of Australians agree that we should have the right to express ourselves in this country. I think it is a minority of the population, particularly the Jews, that want to take that right away from all of us.
“I’m confident that we will win on appeal, and I think the magistrate agrees … he recognises that this law will be ruled invalid because of the implied freedom to political communication guaranteed by the constitution.
“I think that taking away our rights as White Australians to protect the supposed feelings of minorities is just another reason why we don’t want these minorities in our country.”
This is ridiculous. Though his actions were in poor taste, they harmed no one. This is an attack on freedom of expression.
The fact that someone was jailed for this yet no repercussions for publicity supporting a terrorist organisation (also against the law) just demonstrates… https://t.co/qP36LMmYNX pic.twitter.com/cOtJiCJoY8
— The People’s King Elvis (@Real_King_Elvis) October 9, 2024
On Tuesday Sonnet ruled that Mr Hersant had knowingly performed the salute, which he described as an “inherently political act” and “intertwined with Nazi ideology”, and found that the laws were legitimate.
“The court finds that the purpose of the law is seeking to protect minority communities from harm caused by the public performance of Nazi gestures,” Mr Sonnet said in a summary of his 184-page judgement.
“Such purpose is, in my view, legitimate, in the sense that it is compatible with the maintenance of the constitutionally prescribed system of representative and responsible government.”
Free speech advocates criticised the ruling, with many saying that it had turned Mr Hersant into a martyr for freedom of expression, with many Australians speaking out in his defence despite disagreeing with his political views.
“Most Australians abhor Nazism, but in a free society you don’t ban free expression even when most people disagree or disapprove of it,” the Free Speech Union of Australia wrote on X.
“This is ridiculous. Though his actions were in poor taste, they harmed no one. This is an attack on freedom of expression,” wrote NSW Libertarian candidate Elvis Sinosic.
“The fact that someone was jailed for this yet no repercussions for publicity supporting a terrorist organisation (also against the law) just demonstrates these laws are being used to punish disagreement as it’s two tier governance!”
“Victorian father, Jacob Hersant, to be jailed for raising his hand too high,” wrote commentator Preston Henshaw.
“It is now clear that it is illegal in Australia to mock censorship laws or express political thoughts and ideas that differ to the current regime.”
“The charging of Jacob Hersant is NOT a victory. They always start with the most extreme to set a precedent that can later be bent to virtually any case. First it will be the political salute then it will be the Aussie flag,” wrote another X user.
“Free speech is sacred and Australians must defend it.”
Mr Hersant told Noticer News on Tuesday that Mr Sonnet’s ruling had prioritised the supposed welfare of minority groups over freedom of expression.
“The magistrate has decided that it’s okay to make laws restricting the right to political communication of Australians if they protect the feelings of minorities.”
Australian nationalist Jacob Hersant is facing a year in jail after being found guilty of making a political salute.
He answered hostile questions from journalists outside court where he argued the ruling was a blow to free speech.
Full details: https://t.co/jWvmArh3e0 pic.twitter.com/4ZWKRV2oyv
— The Noticer (@NoticerNews) October 8, 2024
Speaking to reporters outside Melbourne Magistrates Court following the ruling Mr Hersant said he would consider his appeal rights after reading the full judgement, said that he was not worried about going to jail, and that he remained steadfast in his national socialist political views.
Asked whether he regretted making the salute, Mr Hersant said: “not at all, it’s an honourable salute.”
“A lot of other people don’t think it’s honourable, as the magistrate said himself it harms minority groups, is there anything you want to say to those people,” a female reporter responded.
“How does political expression harm minority groups?” Mr Hersant asked.
“The court’s ruled itself that it harms minority groups, there are a lot of people out there that would be really hurt by what you did, and you don’t feel any shame at all for what you did?” she asked.
“I don’t feel shame for giving a political salute, no, those are my beliefs,” Mr Hersant replied.
Later in the exchange Mr Hersant said his views that White people were being replaced in Australia remain unchanged, that he will continue to make the salute in private, and that he believes the ruling sets a precedent against free speech.
“I think that a lot of White Australians don’t have a problem with national socialist ideals, and I don’t think they want laws against any kind of political expression,” Mr Hersant said.
While the reporters asked their questions bizarre scenes unfolded in the background as a black man, who is not known to Mr Hersant, appeared to make a full Nazi salute himself multiple times.
Mr Hersant performed the salute outside the Victorian County Court in October 2023 after he and European Australian Movement leader Thomas Sewell were sentenced for their roles in a clash with far-left provocateurs during a camping weekend.
The gesture had been banned in Victoria just six days earlier, along with the intentional public display of Nazi symbols, under the Summary Offences (Nazi Salute Prohibition) Bill 2023, which was informed by feedback from the Jewish community, Holocaust survivors, Victoria Police, the Ethnic Community Council of Victoria.
Header image: Jacob Hersant speaks to reporters after the guilty verdict (supplied)
