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Israel Hamas WarNewsAustralia

Anti-Zionist speech case to test race hate laws

University of Sydney academics are seeking an injunction against and public apology from Dr Nick Riemer and Professor John Keane over statements made after October 7.
Michael Visontay
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Keane and Riemer AAP

University of Sydney academics Professor John Keane (left) and Dr Nick Riemer at a rally in support of their statements in October 2025 (AAP/Bianca De March)

Published: 23 April 2026

Last updated: 23 April 2026

Two landmark cases against University of Sydney academics over their commentary about Israel-Palestine will test the limits of Australia's hate speech laws.

Jewish academics are seeking an injunction against, and a public apology from, Dr Nick Riemer and Professor John Keane over public statements and social media posts made after the Hamas attacks on Israel on October 7, 2023. They also want an apology from the University, which they say is vicariously responsible for the academics’ statements.

The two cases were initated last year by Joseph Toltz; a researcher specialising in Jewish music, Suzanne Rutland, a professor emerita and renowned historian; Yaniv Levy, an administrator in the Faculty of Medicine and Health; and Ariel Eisner, a member of AUJS, against Riemer, a Senior Lecturer in English, and John Keane, a Professor in Politics. They will be heard in the Federal Court in Sydney on May 5.

In the Riemer case, the applicants claim that after the attack by Hamas, Riemer made offensive public statements strongly critical of actions or positions he attributed to ‘Zionists’. They argue that as Jews who identify as Zionists or as Israelis, they were targeted by his comments.

In the Keane case, they claim that Keane’s posting of Hamas flags on his X page on October 8, 2023 imputed that Keane “celebrated, endorsed, supported and approved” the Hamas attacks. They also claim that Keane doxed more than a dozen Jewish academics at the University by posting their joint letter of complaint to him without their permission.

Hamas flags, posted by John Keane on X the day after the October 7 attack.
Hamas flags, posted by John Keane on X the day after the October 7 attack.

At an earlier hearing in October last year, where Riemer and Keane applied to have certain parts of their cases struck out, Toltz’s lawyers said that Riemer had used “Zionist” in a series of posts as a “pejorative synonym for Jew or Israeli”.

But lawyers for Keane and Riemer claimed the academics were criticising Israel, and argued that criticising Zionism or Israel is not racist hate speech.

“This court heard… an extraordinary proposition that Zionism and Jews are so perfectly synonymous that Zionism should be construed as a race for [the] purpose of section 18C [of the Racial Discrimination Act],” lawyer Jessie Taylor told the court.

She said the effect of the imputations was to assert that criticising the state of Israel was also to criticise Jews.

The claim against Nick Riemer

Riemer gave a speech at a pro-Palestinian meeting on campus on November 1, 2023, which he posted on X, in which he said: “…we have a right to organise around supporting Palestinians. It’s not just a slogan. Their resistance is justified because of the occupation, at all times, violent or not.” He also joined in chants of ‘Long live the intifada’.

Toltz and Rutland claim Riemer’s statements imputed that “the violent uprising against Jewish people and Israeli people in Israel in support of a Palestinian state in the first and second intifadas should extend to a violent global uprising against Jews and Israelis in Australia and other parts of the world in support of the Palestinian resistance,” Justice Geoffrey Kennett said in his judgment in the October hearing.

They claim Riemer’s statements also imputed that “the events of 7 October were to be celebrated and endorsed” and “that Hamas’ Intifada and its related violence against Israelis and Jews, including on 7 October, is justified until Israel, Israelis and Jews are removed from Palestine”.

Their action also refers to a post Riemer made on X on October 8, the day after the Hamas attacks, in which he wrote: “No progressive should feel the need to publicly condemn any choices by the Palestinian resistance. Doing so just adds to the perception that their cause is unjust. Condemnation is the speech-act you perform when breaking contact off with someone, not when standing in solidarity.”

Toltz and Rutland claim that the post imputed that Hamas’s actions on October 7 “should not be considered to be unjust”, that “people should express solidarity with, and support of, Hamas’ objectives and activities against Jewish people and Israeli people”.

Another example mentioned in their claim is an article by Riemer that was published in the literary journal Overland, on October 15, 2023, which said: “…Palestine solidarity is not just internationalism or anticolonialism or antiracism or even humanitarianism; it is not just an expression of compassion, or altruism, or basic decency: it is a necessity for the defence of democratic prerogatives against authoritarianism and neo-fascism in Western nations.

“In cheering on the antidemocratic suppression of protest, Zionists sometimes thought of as ‘liberal’ have let their masks slip. Their support for Israeli apartheid and permanent war against Palestinians can only mean opposition to democracy in their own countries.”

The judgement noted that Riemer’s article remains on the Overland website, as does his October 8 post on X.

The claim against John Keane

On October 8, 2023 Keane posted an image on his X page of five green Hamas flags with Arabic writing visible on them, which constituted the publication of a “prohibited terrorist organisation symbol”.

Toltz and Rutland claim the post imputed that the attacks of October 7 “involved the killing, rape, maiming, sexual abuse, kidnapping and torture of Jewish and Israeli people persons, because they were believed to be Jewish or Israeli” and “was an event that was to be celebrated, endorsed, supported and approved of”.

"Professor Keane’s posting of the Hamas Flag Post and its non-removal was reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate the Applicants…  as well as other Jewish people persons and Israeli people persons in Australia,” the claim says.

They claim this behaviour “contravened S18C of the Racial Discrimination Act and engaged in unlawful discrimination”.

The letter of complaint

On November 8, 2023, Keane posted on his X page a joint letter sent to him by 17 mainly Jewish academics at the University in response to an open letter Keane had earlier posted. “Keane stated in the post that the letter was: ‘an ad hominem response to my Open Letter by a small group of pro-Israel staff members: defamatory insults (‘repulsive’ etc) mixed with self-righteous indignation of people convinced they are victims of non-humans (Palestinians) who imperil their Promised Land…’

Keane also posted a letter by the Vice-Chancellor saying that the University would not tolerate support for Hamas’ recent terrorist attacks. He also posted his response to the VC’s letter.

Toltz and Rutland claim that “no permission or authorisation was sought by Professor Keane, or was obtained by him, from any of the 17 named academics to publish their names or the content of their email”.

Toltz and Rutland further claimed that they, and other academics named in Keane’s post, “suffered distress, loss and damage, including harm to their reputation, and/or psychological injury by reason of the publication and non-removal of the Keane’s Staff Members Post”.

Both cases are still before the Federal Court.

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About the author

Michael Visontay

Michael Visontay

Michael Visontay is Commissioning Editor of TJI and was Editor-in-Chief from 2017-22. Michael is a former Assistant Editor of The Sydney Morning Herald and columnist with The Australian Jewish News. He has written six books, including Who Gave You Permission? with Manny Waks, and Welcome to Wanderland: Western Sydney Wanderers and the Pride of the West. His most recent book is Noble Fragments: the Maverick who broke up the world's greatest book (Scribe, 2024).

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