In September 2010, nine individuals commenced legal proceedings in the Federal Court against Bolt and the Herald Sun over two posts on Bolt's blog. The nine sued over posts titled "It's so hip to be black", "White is the New Black" and "White Fellas in the Black". The articles suggested it was fashionable for "fair-skinned people" of diverse ancestry to choose Aboriginal racial identity for the purposes of political and career clout.[36] The applicants claimed the posts breached the Racial Discrimination Act. They sought an apology, legal costs, and a gag on republishing the articles and blogs, and "other relief as the court deems fit". They did not seek damages.[37] On 28 September 2011, Justice Mordecai Bromberg found Bolt to have contravened section 18C of the Racial Discrimination Act.[38][39][40]
The case was controversial. Justice Bromberg had been active in Labor Party politics.[41][42] Bolt described the decision as a "terrible day for free speech" in Australia and said it represented "a restriction on the freedom of all Australians to discuss multiculturalism and how people identify themselves. I argued then and I argue now that we should not insist on the differences between us but focus instead on what unites us as human beings."[39] Jonathan Holmes of the ABC's Media Watch described Justice Bromberg's interpretation of the Racial Discrimination Act, and his application of it to Bolt's columns as "profoundly disturbing" because it reinforced concerns that 18C creates "one particular area of public life where speech is regulated by tests that simply don't apply anywhere else, and in which judges - never, for all their pontifications, friends of free speech - get to do the regulating."[43]
The prominent Aboriginal activist Noel Pearson later stated: "The essence of indigeneity ... is that people have a connection with their ancestors whose bones are in the soil. Whose dust is part of the sand. I had to come to the somewhat uncomfortable conclusion that even Andrew Bolt was becoming Indigenous because the bones of his ancestors are now becoming part of the territory."[44]