A self-proclaimed Nazi, Jacob Hersant, became the first person to be convicted in the Australian state of Victoria for performing an outlawed Nazi salute. The incident occurred on October 27, 2023, outside the Victoria County Court, where Hersant had appeared on an unrelated charge. Just six days prior, the state government had made the salute illegal. The Federal Parliament had passed legislation in December, outlawing the performance of the Nazi salute in public, displaying or trading Nazi hate symbols nationwide.
Hersant’s defense lawyers argued that the gesture was not a salute and that the ban unconstitutionally infringed upon his implied freedom of political communication. However, a Melbourne magistrate disagreed, finding Hersant guilty. He is scheduled to be sentenced on Wednesday and faces up to 12 months in prison and a fine.
This conviction is a significant development in Australia’s efforts to combat hate speech and symbols. Three men were previously convicted in June for performing the Nazi salute during a soccer match in Sydney in October 2022. New South Wales state had banned Nazi symbols in 2022, and the men were each fined and have appealed their convictions.
Jacob Hersant (Image via Getty)
Hersant, despite being found guilty, claimed he did not necessarily acknowledge that he had given a Nazi salute. However, he did admit to being a Nazi and stated that he would continue to give the salute, but hopefully, police officers would not see it. This brazen statement has sparked widespread condemnation.
Anti-Defamation Commission chair Dvir Abramovich, a leading opponent of antisemitism in Australia, described the verdict as a “historic and thundering day for justice and decency.” Abramovich expressed relief that justice had been served, stating that it sends a strong message against hate speech and symbols.
The conviction of Jacob Hersant sends a clear message that performing Nazi salutes is illegal and unacceptable in Australia. It also highlights the importance of protecting the rights of all individuals, particularly those who are targeted by hate speech and symbols.
