High Court to Hear Pauline Hanson Appeal in Racial Discrimination Case

The Australian High Court has agreed to hear an appeal from One Nation leader Pauline Hanson regarding a legal ruling that she engaged in racial discrimination against Greens senator Mehreen Faruqi. The legal dispute centers on a 2022 social media post in which the senator told her parliamentary colleague to “pack your bags and piss off back to Pakistan.” While some might ask what it means to bring it on in a legal context, this high-stakes case will now determine if the previous rulings properly balanced the Racial Discrimination Act against implied freedom of speech.

The origins of the legal battle

The conflict began in 2022 following the death of Queen Elizabeth II. Senator Faruqi posted a message expressing her inability to mourn the leader of an empire built on colonial history. In response, Hanson wrote that she was disgusted by the sentiment, stating that as an immigrant who had taken advantage of Australian citizenship and parliamentary office, Faruqi should return to Pakistan.

In November 2024, Justice Angus Stewart ruled that Hanson’s comments were unlawful. He described the remarks as a “racist trope” and a “strong form of racism,” noting that the language portrayed the senator as a “second-class citizen.” The court rejected Hanson’s defense that the comments were fair, characterizing them instead as an angry, personal attack. This judgment was later unanimously upheld by three federal court judges in July 2025.

The High Court will decide if Hanson’s comments violated the Racial Discrimination Act or protected free speech.

Future implications for free speech

Following the High Court’s decision to grant special leave to appeal, Hanson expressed that the case is broader than a single post. She argued that Australians must be able to express disagreement without the fear of being silenced. Conversely, Senator Faruqi stated that the legal system must provide protection against vilification, emphasizing that migrants and people of color deserve to feel safe in their homes. A spokesperson for the federal attorney general noted that the government maintains that there is no place for racial hatred in society, though they declined to comment further while the matter remains before the courts.

Why it matters

This case is significant as it tests the boundaries of the Racial Discrimination Act against the right to political expression. It affects the legal standards for public discourse in Australia and carries weight for migrants and minority communities who seek protection from racial vilification in the public sphere.