77
Melbourne man first to be charged under new law banning Nazi salute in Victoria
(www.theguardian.com)
this post was submitted on 11 Nov 2023
77 points (98.7% liked)
Melbourne
2167 readers
45 users here now
This community is a place created for the people of Melbourne and Victoria. We are a positive, welcoming and inclusive community. We might not agree about everything, but we always strive to stay civil and respectful.
The focus of our discussions is based around things that affect Victoria, but we are also free to discuss our local perspective on wider issues. Or head to the regular Daily Random Discussion thread to talk about anything.
Ongoing discussions, FAQs & Resources (still under construction)
Adoption Certificate for Nellie, the Daily Thread numbat (with thanks to @Catfish)
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Not from Victoria and not a lawyer but...
Yes I expect it's "up to $x and up to y years in prison".
I don't really think that there's a challenge to be made against the law itself. We don't have "constitutional free speech". I'm not certain but IIRC the right to criticise the government is enshrined in case law.
It's possible or likely that far right advocacy groups will dream up one or more "test cases". A bit like Rosa Parks where the set of the most favourable circumstances possible are manufactured and then the group puts their weight behind fighting the case in court.
With this strategy they can't really neuter the law but they could get the court to adopt a more generous interpretation of "ought to have known" than the law had intended.