RE: Holocaust denier sentenced to 5 years (Full Version)

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popeye1250 -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:05:13 PM)

NG, we here in America have an additional freedom that would have prevented the nazis from comming into power in Germany had they had it.
It's called the Second Amendment, the right to keep and bare arms.
If the German people had killed a few hundred or a few thousand of those nazis perhaps they would have rethought their whole gameplan.




NorthernGent -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:09:47 PM)

quote:

ORIGINAL: juliaoceania

quote:

ORIGINAL: NorthernGent

quote:

ORIGINAL: juliaoceania

the vast majority of Germans never knew about the Holocaust, never would have approved of it, and did not agree with Hitler when it came to Jewish people.



I agree with the above. My university days were spent studying the rise of the Nazis. It's an interesting period of history because the Germans were up there with the most civilised nations when it comes to philosophy, technology and science.

The majority of Germans however were aware of the pogroms and the likes of Kristallnacht. They were aware of the burning of Jewish books and art as well as the looting and boycott of Jewish shops. They were aware of the yellow stars and aware of Jews leaving in droves to other countries to escape anti-semitism.

In terms of facts, I think most would agree with the following:

1) Hitler began as a crank.
2) He established a power base including powerful industrialists and militarists in the 1920s.
3) His party swayed the minds of average Germans and, as a result, Germans stood back and watched rampant anti-semitism.
4) The conclusion of this cycle events was the holocaust. The holocaust didn't just happen, like anything it was the result of a chain of events.

In hindsight, should 2 have been allowed to become 3 and 4.

quote:

ORIGINAL: juliaoceania

It would seem the lack of speech causes things like Genocide. All that is needed for evil to triumph is that good people remain silent



Genocide is not caused by "a lack of speech". It is caused by the thoughts and actions of a malevolent group in society. The intentions of these people are the driving force. Then there is a tough choice to make - stand by and watch potential serious consequences or intervene. Society can't really work unless there is a balance between civil liberties, responsibility and law.


I just saw this post.

The Germans were often fearful of speaking up after Hitler consolidated his dictatorship. Life seemed better for Germans after he took over, he instilled pride in them. My point is that people knew to speak out against him was an invitation to a concentration camp... he led by not only a carrot, but a stick. He did this by abridging civil liberties, one that he abridged was freedom of the press.


Julia, you are talking about the 1930s when the Nazis had a stranglehold on Germany. This stranglehold didn't just crop up out of the blue. It was the result of a chain of events. There was a point where they made their intentions clear and they were establishing a power base in the 1920s. At this point, knowing that they had openly declared their intentions, knowing they were starting to gain powerful backing, knowing they did not rule by fear, should they have been shut down?




dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:11:24 PM)

quote:

To add, the surpression of free speech came after the Nazis gained power. In other words, it was not instrumental in them gaining power and not instrumental in the holocaust.


But even on the way to total power (which they gained in stages), weren't they intimidating rival newspapers and trying to suppress rival viewpoints?

Still, you're right, I think, in that they couldn't totally limit free speech till they gained power. I do think, though, that lack of free speech did at least help them carry out the holocaust.




NorthernGent -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:11:25 PM)

quote:

ORIGINAL: juliaoceania

quote:

ORIGINAL: NorthernGent

To add, the surpression of free speech came after the Nazis gained power. In other words, it was not instrumental in them gaining power and not instrumental in the holocaust.


They gained it the way that many in this country are suspicious that GW gained his, by framing people burning the Reichstag....


There was a whole chain of events, years of strengthening their powerbase which led to the Nazis gaining power.




Real0ne -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:11:31 PM)

quote:

ORIGINAL: popeye1250

NG, we here in America have an additional freedom that would have prevented the nazis from comming into power in Germany had they had it.
It's called the Second Amendment, the right to keep and bare arms.
If the German people had killed a few hundred or a few thousand of those nazis perhaps they would have rethought their whole gameplan.


we do.  of course a lot of good it does when they take them away




dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:15:45 PM)

quote:

At this point, knowing that they had openly declared their intentions, knowing they were starting to gain powerful backing, knowing they did not rule by fear, should they have been shut down?


Not sure why this didn't occur to me earlier, but wasn't the Nazi Party banned for a while after the putsch (sp?) attempt? I could be wrong about that, though.

But let's say, for argument's sake, that I agree that the Nazis should have been "shut down." How would one have accomplished that?




juliaoceania -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:15:47 PM)

quote:

ORIGINAL: NorthernGent

quote:

ORIGINAL: juliaoceania

quote:

ORIGINAL: NorthernGent

Julia, I'm looking at a practical example (Nazi Germany) as opposed to ifs and buts, as per my last post.


NG, to be honest I have no clue what you mean.



If you go back and read post 66, you'll see the question "should 2 have been allowed to become 3 and 4". Read the full post and, hopefully, you'll have a clue.


Post 78. read it for your own clue

There is nothing left to talk about

I am for as much freedom as possible. I fear the day when people are afraid to state things that revolt me and anger me. I hope the day never comes that just because I say something that offends someone they can turn around and beat me up for it and claim they are not responsible because I incite them. I hope the day never comes that everyone that has a prejudiced ignorant opinion is locked away, because the streets will be empty. I hope global governments to not really get the right to control what I think and believe. I hope they do not control intellectual discourse that challenges the status quo by stating that it upsets certain people to revise history so that topic is "off limits". I hope our art and comedy is not curtailed because someone is offended.

You know what, I call Mormons "Morons"... so please come send the Utah officials to come pick me up for making fun of their religion... I am  on the list of those who incite others and offend them with my thoughts




NorthernGent -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:17:11 PM)

quote:

ORIGINAL: dcnovice

quote:

To add, the surpression of free speech came after the Nazis gained power. In other words, it was not instrumental in them gaining power and not instrumental in the holocaust.


But even on the way to total power (which they gained in stages), weren't they intimidating rival newspapers and trying to suppress rival viewpoints?

Still, you're right, I think, in that they couldn't totally limit free speech till they gained power. I do think, though, that lack of free speech did at least help them carry out the holocaust.


True, they intimidated various groups, but free speech was still very much in operation until they gained power. In the elections (the ones in which they were elected), the Nazis did not gain the majority of votes - this suggests freedom of choice existed.

The lack of free speech certainly did help them carry out the holocaust. There was a point however when the German people had a real choice (1926ish to 1936ish) and they stood back and watched virulent anti-semitism - the burning, looting, sacking of Jewish culture, art, literature etc - reducing Jews to second class citizens with the wearing of the star etc. The result was the holocaust.




dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:21:17 PM)

quote:

There was a point however when the German people had a real choice (1926ish to 1936ish) and they stood back and watched virulent anti-semitism - the burning, looting, sacking of Jewish culture, art, literature etc - reducing Jews to second class citizens with the wearing of the star etc. The result was the holocaust.


True and heartbreaking.




juliaoceania -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:23:51 PM)

quote:

ORIGINAL: dcnovice

quote:

There was a point however when the German people had a real choice (1926ish to 1936ish) and they stood back and watched virulent anti-semitism - the burning, looting, sacking of Jewish culture, art, literature etc - reducing Jews to second class citizens with the wearing of the star etc. The result was the holocaust.


True and heartbreaking.


The Brown Shirts existed for a reason, because many Germans tried to stop what was happening and were bullied into silence. You know, that why I quoted earlier, evil triumphs when good people remain silent. It happened here after 9-11.




NorthernGent -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:27:24 PM)

quote:

ORIGINAL: juliaoceania

You know what, I call Mormons "Morons"... so please come send the Utah officials to come pick me up for making fun of their religion... I am not on the list of those who incite others and offend them with my thoughts



This hyperbole and complete misconstruing of another person's point of view is a touch on the odd side.

You're completely missing me here. I'm not suggesting offending someone is a crime, nor that a person should be afraid to state their opinions, nor that someone "can't poke fun of someone else". My posts clearly do not suggest this. If you read post 66, and consider the question put to you, I'm guessing you'll understand where I'm coming from. Unless you can grasp what I'm saying from previous posts, time to knock our chat on the head.




alwaysobeyingyou -> RE: Holocaust denier sentenced to 5 years (2/17/2007 12:47:53 PM)

You guys all take the 'free speech' thing way too far. Free speech applies as long as it does not abridge the rights of other people. For example, neo-nazi's marching a protest down a community street where there are known holocaust survivors would most definitely be denying those people their rights to feel safe and secure. You have no idea the kind of panic that could cause them, or the kinds of memories that may bring back. You are all so offended because we're American - and freedom of speech is our big deal, but you've got to understand a little bit more about the intracacies of the Constitution before just spouting off "1st amendment!!". Should he go to jail for five years? - He'll probably be out before that time is even up. And honestly, if we are all going to come to the defense of someone who was unjustly jailed or detained why not make it the Canadian citizen Maher Arar who was tortured by the United States military?
A tangential point, I know. But we've really got to understand that our laws/customs don't apply everywhere. There is also something known as the fighting words doctorine (since we're applying this to U.S. custom). Which states that Fighting words are words that are written or spoken to incite hatred or violence which then places the targets of the words in danger or harm. These kinds of words are not legal, nor allowable under the constitution. Meaning, he is a Holocaust denier who lambasts victims of the Holocaust, and spreads hate, whereby making those affected by the Holocaust experience further persecution. This was established by the supreme court case Chaplinsky v. New Hampshire 1942. He is not Constitutionally protected in Germany OR in the United States.





dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:01:18 PM)

Links related to Chaplinsky v. New Hampshire:

Boston College's Freedom of Speech in the United States page links to various resources, including the Chaplinsky opinion.

First Amendment Center has an interesting note: "Since Chaplinsky was handed down, the Court has never sustained a conviction for "fighting words" in expression directed at a public official."




NorthernGent -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:03:23 PM)

Nice post. I'm not sure I agree with holocaust denial being illegal, but your comments around the rights and civil liberties of those on the receiving end (i.e. holocaust survivors) certainly resonate with me.




dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:11:56 PM)

quote:

For example, neo-nazi's marching a protest down a community street where there are known holocaust survivors would most definitely be denying those people their rights to feel safe and secure.


But didn't a court uphold the rights of Neo-Nazis to march in Skokie, Illinois, despite the presence of Holocaust survivors?




dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:13:34 PM)

quote:

But we've really got to understand that our laws/customs don't apply everywhere.


Give us a little credit, friend. No one was arguing that American law/custom should prevail anywhere outside the U.S. We were simply offering our perspectives on a thorny issue of free speech.




dcnovice -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:18:31 PM)

quote:

you've got to understand a little bit more about the intracacies of the Constitution before just spouting off "1st amendment!!"


I'm not sure anyone in the thread mentioned the First Amendment, given that we were discussing Germany. But your main point is true: Even in the U.S., freedom of speech is far more nuanced that many of us realize. I was not aware of Chaplinsky, for instance, and appreciate your bringing it to our attention.




alwaysobeyingyou -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:29:02 PM)

I also don't recall a specific instance of '1st amendment', but when they say 'freedom of speech', I assume the same thing.
As for that court ruling in Illinois (which occured at the height of the one of the biggest progressive jumps in our nations history), i didn't hear if that was the Supreme Court or a lower court - but anyway, I don't base my opinions on what a court says is correct, especially not within our judicial system as it has been constantly and continuously failing us. I base my opinion that the man is a complete idiot and SHOULD go to jail on the memory of the millions of people killed during world war two, those that died from the Holocaust and of the war itself. If you deny that, you deny history and pave the way for such things to happen over and over again.
In the United States we deny the reprecussions of Slavery, the marginalization of the First People's (Native Americans), and the repression of the Japanese during WWII. Sure, apologies are handed out, but institutions don't change. The Japanese barely acknowledge what was done to the Chinese and in other east asian nations, including the use of 'comfort women'. So I'm glad Germany is taking a step up in noting that lies are unnacceptable forms of speech.
Also, it is libel (sp) and slander, because in order for libel and slander to be proved the statement the person makes must be a LIE and be meant to cause harm. So once again, based on Supreme Court rulings, he was guilty of a violation, and since you say (DCnovice) that we're all just making observations based on our (mostly US) perspective...then perhaps we need to better educate about the complexities of our legal system and what 'rights' people have a right to in reality.




NorthernGent -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:31:24 PM)

quote:

ORIGINAL: dcnovice

Even in the U.S., freedom of speech is far more nuanced that many of us realize. I was not aware of Chaplinsky, for instance, and appreciate your bringing it to our attention.



In extreme cases, freedom of speech can lead to murder and genocide. Once you start digging beneath the banner of "freedom of speech" and analysing the consequences and its role as a catalyst in a chain of events, it then becomes a more complex issue.






juliaoceania -> RE: Holocaust denier sentenced to 5 years (2/17/2007 1:59:39 PM)

quote:

You guys all take the 'free speech' thing way too far. Free speech applies as long as it does not abridge the rights of other people. For example, neo-nazi's marching a protest down a community street where there are known holocaust survivors would most definitely be denying those people their rights to feel safe and secure.


But that is not the actions we are speaking of, we are talking about someone being incarcerated because they want to revisit whether a historic event occurred, we are not talking about Brown Shirts terrifying people in the streets.

quote:

You are all so offended because we're American - and freedom of speech is our big deal, but you've got to understand a little bit more about the intracacies of the Constitution before just spouting off "1st amendment!!". Should he go to jail for five years? - He'll probably be out before that time is even up. And honestly, if we are all going to come to the defense of someone who was unjustly jailed or detained why not make it the Canadian citizen Maher Arar who was tortured by the United States military?



I have  HUGE problem with detaining, sending people back to places that we know they will be tortured, and this sort of human rights abuse. I believe in the Bill of Rights which has been grossly twisted since 9-11 in the USA.

quote:

But we've really got to understand that our laws/customs don't apply everywhere.

As long as they apply to me and mine, I suppose if others do not care about speaking freely it is no skin off my nose.

quote:

There is also something known as the fighting words doctorine (since we're applying this to U.S. custom). Which states that Fighting words are words that are written or spoken to incite hatred or violence which then places the targets of the words in danger or harm. These kinds of words are not legal, nor allowable under the constitution. Meaning, he is a Holocaust denier who lambasts victims of the Holocaust, and spreads hate, whereby making those affected by the Holocaust experience further persecution. This was established by the supreme court case Chaplinsky v. New Hampshire 1942. He is not Constitutionally protected in Germany OR in the United States.



You are soooo stretching the definition of fighting words as to not be believed.

Here is the case law surrounding "fighting words"
http://www.freedomforum.org/templates/document.asp?documentID=13718







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