Extremists being ejected from the NSW National Party may have breached hate speech laws by posting neo-Nazi slogans, homophobic and anti-semitic material on social media.
The NSW branch of the regional party on Friday announced it was demanding members suspected of being behind a far-right infiltration either quit or give a reason not to be booted and banned for life.
The unanimous order from the central executive comes after 19 alleged alt-right members resigned rather than face an internal inquiry.
But lawyer Simon Rice said social media posts believed to be authored by some members could breach anti-discrimination laws.
"Under NSW legislation it's unlawful to incite hatred, violence or ridicule against a person based on their race or religion," the University of Sydney Law School professor told AAP on Friday.
"It doesn't matter if it's on a placard in the street or on Facebook, it's about whether the public act is reasonably likely to incite hatred or contempt."
Dozens of Facebook posts made by the cohort over the past few years, and seen by AAP, rail against the LGBTQI community, Muslims and poke fun at Jewish people.
One former member, according to internal party documents, expressed affection for an infamous white supremacist slogan "the 14 words".
Another, in a post on Facebook, called homosexuality a "mental disorder" in a debate about same-sex marriage.
He went on to call those who disagreed "enablers" who would be personally responsible for transgender children who commit suicide after being "mutilated" by gender re-assignment.
A third member liked a neo-nazi slogan which a friend posted beneath his picture while a fourth spoke of Aboriginal people "sleeping on the road" and Muslims "getting angry at your Christmas lights".
Prof Rice said if the content did incite racial or religious vilification, a complainant could come forward from the targetted populations.
The National Party executive, upon announcing the ejections, said the members' general behaviour offended the preamble to the party's constitution which states: "We believe Australians, as individuals and as a nation, must be prepared to oppose social and political ideas that threaten freedom and democracy in Australia and throughout the world."
