Neo-Nazis lose fight to shield themselves from ban. But their High Court fight isn’t over

Neo-Nazis have lost a bid to temporarily shield themselves from arrest under new federal hate speech laws, as they mount a constitutional challenge in the High Court – represented by a former Liberal MP.

On Thursday, the High Court threw out their bid for an injunction against laws outlawing them as a hate group – including a reprieve from any potential arrests – until the case is resolved in September.

Chief Justice Stephen Gageler found there were no “compelling grounds” to interfere with the laws at this stage, even as the neo-Nazi group argued it would cast a “chill” on their burgeoning political party push.

The National Socialist Network disbanded on paper in January in an attempt to escape the government’s crackdown on extremism, under which its members and supporters could face up to 15 years in prison. But last month, Home Affairs Minister Tony Burke banned the group anyway, noting members had continued to organise covertly, “phoenixing” under new names such as White Australia.

The group is now arguing in the High Court that it is also a political party, and so banning the organisation infringes on the implied right to political freedom in Australia. Members say the new hate laws give power to the minister without judicial review, opening “the door to tyranny”.

Thomas Sewell, leader of the NSN and its political offshoot White Australia, is being represented by prominent barrister and former Liberal MP Peter King.

King once sat in the seat of Wentworth in Sydney – a seat now held by independent Allegra Spender, who was herself the subject of alleged threats last year by a prominent neo-Nazi in the NSN, now charged.

In less than a week, Sewell raised a war chest of more than $150,000 for his efforts to challenge the laws in court, bragging on livestreams to followers of a prominent barrister with political connections agreeing to represent them. After Thursday’s verdict, Sewell said he would now seek legal advice as to whether he could continue to fundraise for the outlawed group to fund the case.

While the NSN claimed it had dissolved entirely in January, Sewell has since admitted that the group continued with its plans to form a neo-Nazi party, submitting the paperwork to register the “White Australia” party – with Sewell as party president – to the Australian Electoral Commission on Anzac Day.

The AEC has limited grounds to knock back such an application because the agency has to stay apolitical. Being a designated hate group is not grounds to reject a party registration, the AEC confirmed to this masthead, which could be used as a loop