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fudge
Freedom of speech?? Mark Unseen   Feb 21 11:16 UTC 2006

David Irving, a British right-wing historian, has been sentenced to three
years in jail by an Austrian court for having claimed the holocaust never
happend in speeches held there 16 years ago. He was arrested upon entering
the country and charged according to an Austrian law that prohibits denying
the holocaust. The public opinion and the media seem to applaude the outcome
of the trial, while I for one am appalled at such heavy handed censorship,
regardless of the ideology and ideas that have been squashed.
Many countries that were under Nazi control during the war, such as Germany,
Austria and Italy that I know of, have specific laws that forbid the
expression of favour, justification or apology of the National-Socialist or
Fascist rule.
Anyone else think this is a case of double standards?
137 responses total.
twenex
response 1 of 137: Mark Unseen   Feb 21 13:39 UTC 2006

I can understand why they did it, but it's still wrong.
nharmon
response 2 of 137: Mark Unseen   Feb 21 14:33 UTC 2006

Apparently there are no statutes of limitations in Austria? Or was he
actually charged 16 years ago?
fudge
response 3 of 137: Mark Unseen   Feb 21 15:19 UTC 2006

no idea when he was charged...
rcurl
response 4 of 137: Mark Unseen   Feb 21 16:31 UTC 2006

I think it is wrong too. People should be entitled to hold whatever opinions
they want about anything. Laws apply when those opinions are translated into
illegal actions. 

It sounds analogous to claims Galileo stated, which the Church found wrong 
and seditious. The fact that Galileo was right and Irving was wrong is 
beside the point.
tod
response 5 of 137: Mark Unseen   Feb 21 17:37 UTC 2006

Let's see if I can put this into perspective:
Should it be against USA laws to preach that no Native American was ever
harmed?  I think so.  I think Native Americans at least deserve that much
respect.  
So, is this about fascism of a double standard? I don't think so.  I think
its about human decency and the will to not desecrate history with fiction.
Disney would have had its ass kicked a long time ago with John Wayne if we
had a law barring them from their fact skewering.
nharmon
response 6 of 137: Mark Unseen   Feb 21 17:53 UTC 2006

Freedom of speech includes saying things that are completely false.
tod
response 7 of 137: Mark Unseen   Feb 21 18:08 UTC 2006

David Irving never existed.  He's a myth created by neonazis.  There is no
one being held by the Austrian government and never was.
mary
response 8 of 137: Mark Unseen   Feb 21 18:16 UTC 2006

Who decides what's the truth?  Those in power?  No thanks.
rcurl
response 9 of 137: Mark Unseen   Feb 21 18:26 UTC 2006

Re #5: I disagree. Anyone should be free to assert that no Native 
Americans was ever harmed, and anyone is free to rebut this assertion 
(which is easy to do). "Respect" should not be a legal constraint on 
freedom of expression. Telling falsehoods do not "desecrate" history 
(history is not sacred, so cannot be desecrated). 

It is not *admirable* to intentially make false claims, but it should not 
be illegal unless it has significant consequences. The standards for this 
vary: for example, public figures have less standing to sue for libel than 
private figures, and some libelous proclamations might result in injury or 
property destruction, for which the libeler holds some responsibility. But 
unless an injury can be shown to result from libeling, say, Native 
Americans, there is no basis for legal action.
tod
response 10 of 137: Mark Unseen   Feb 21 18:34 UTC 2006

re #9
I think Disney and John Wayne libelled Native Americans in the worst way. 
This neonazi historian in Austrian is just as evil.
rcurl
response 11 of 137: Mark Unseen   Feb 21 18:48 UTC 2006

Your opposition to the libel is well justified, but what remedy is appropriate
for the libel?

This is a very current question with respect to the question of 
Affirmative Action. Affirmative action is a redress for a form of libel. 
It can be shown that discrimination still exists even if illegal, and that 
discrimination is libelous. Many individuals libeled by this 
discrimination are unable, however, to seek redress, because the libel is 
indirect, insidious, and often unprovable (it is difficult to make legal 
claims against intentions). Therefore Affirmative Action is offered as a 
general redress for a class due to libel against that class.

There exists considerable affirmative action with respect to Native 
Americans in recognition of the general libel to which they are subject, 
though this libel becomes less significant as the social rights and 
economic circumstances of Native Americans improve. They can, for example, 
largely laugh off libel concerning their operation of casinos unless they 
can show damages.
tod
response 12 of 137: Mark Unseen   Feb 21 19:02 UTC 2006

re #11
I think profits from the sale of hate speech should be redirected to a
settlement fund of survivors of the holocaust.  They did it for their banks,
they can do it for the evil their countrymen still spew.
Wouldn't hurt my feels any if the same thing happened in the USA.  Take
50% of all profits from any corporation that uses an indigenous label or logo
and give it to the survivors of the American Holocaust.  We can start with
Pontiac Motors, Atlanta Braves, and Cleveland Indians and then even maybe tap
A2's Huron High School.
richard
response 13 of 137: Mark Unseen   Feb 21 21:23 UTC 2006

a lot of these countries in europe have never had constitutionally protected
free speech, why do you think the u.s. of a. was formed
tod
response 14 of 137: Mark Unseen   Feb 21 21:29 UTC 2006

Cuz the food in France stunk?
marcvh
response 15 of 137: Mark Unseen   Feb 21 22:23 UTC 2006

Because a bunch of disunited former colonies would not have been viable
as separate sovereign states?
keesan
response 16 of 137: Mark Unseen   Feb 22 01:37 UTC 2006

Re 12, the Huron High School is probably named after the Huron River, near
which it is located.  Would you rather rename it after some other local
feature?
drew
response 17 of 137: Mark Unseen   Feb 22 02:40 UTC 2006

I do consider "Judaeism prohibited on penalty of death" to be way excessive
on the do's-and-don'ts. But I also find "Thou shalt not say it didn't happen"
to be equally odorous.
nharmon
response 18 of 137: Mark Unseen   Feb 22 03:04 UTC 2006

This response has been erased.

i
response 19 of 137: Mark Unseen   Feb 22 03:17 UTC 2006

Throwing someone in jail for what amounts to "peeing on OUR sacred
notions" after (i've read elsewhere) he's gone out of his way to
get arrested strikes me as rather small and foolish, but a lot of
what central European governments have done strikes me as small 
and foolish.

The more interesting angle is how this looks little incident looks
to much of the Muslim world - insults against some pet ideas that
are popular in parts of Europe gets the offender thrown in jail,
while insults against their Prophet are A-okay.
tod
response 20 of 137: Mark Unseen   Feb 22 03:54 UTC 2006

You can't send mixed messages.  
happyboy
response 21 of 137: Mark Unseen   Feb 22 04:04 UTC 2006

it's a hard job in dubai
scholar
response 22 of 137: Mark Unseen   Feb 22 05:01 UTC 2006

AHAHA I SAW THAT ONE

I LIKED IT WHEN SHE HAD ANAL SEX ON A CAMEL

sholmes
response 23 of 137: Mark Unseen   Feb 22 05:07 UTC 2006

This brings us back to the cartoon issue.
tod
response 24 of 137: Mark Unseen   Feb 22 09:08 UTC 2006

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