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The You Can't Make This Shit Up Department
#53
RE: The You Can't Make This Shit Up Department
(July 10, 2014 at 12:23 pm)alpha male Wrote:
(July 10, 2014 at 11:10 am)Blackout Wrote: We had a far right party and it was banned after evidence was presented that they were fascists and members of underground (not so much now) nazi organizations throughout europe... For atheists? No of course not, but how does atheism relate to fascism? Being an atheist doesn't make you go against democracy or fundamental rights, it just makes you lack belief in gods or disbelieve gods. We didn't lose rights because of atheism, we lost them because of fascism.

And this is not a short step since the constitution only forbids fascism associations, not any other kind of associations, so such a ban wouldn't apply to anything else. What happens here is the same in germany, and my bet is that there are probably similar restrictions in spain, italy and former fascist states, and probably france and so on and other formerly invaded countries.

I don't think something I support will be considered equal to hate speech, hate speech is not criticizing something, hate speech is deliberately promoting racism, hate and segregation of people. As far as I know, attempts to implement communism and marxism-lenininsm failed and gave origin to totalitarian regimes, yet communist and marxist-leninist parties are perfectly legal, so I don't think the restrictions go to far.
First you say that a person can be sued for saying "all religious people are dumb and stupid," now you say it only applies to fascism. Which is it?

Here's an interesting link:
http://www.legal-project.org/issues/euro...peech-laws
Excerpt:
Quote:Given the nebulous standards on which much of Europe's hate speech laws are based—indeed, there is not even a universally agreed upon definition for what constitutes hate speech—it is little wonder that such legislation has ensnared speech it was likely never meant to punish. Delineating the line between speech that is considered rude and that which is considered insulting for the purposes of criminal prosecution is an utterly subjective undertaking, and a distinction that governments are ill-suited to determine. Compounding the problem of these laws' arbitrariness is their selective application: while European authorities have at times appeared reluctant to go after Islamist firebrands spouting hatred, those engaging in legitimate debate about Islamism are frequently targeted for prosecution.

Look you are relating things that are not meant to be related.

Fascism is forbidden by the constitution, but it's not illegal to be a fascist in your mind, and to talk about it at home, you just can't propagate it

Insulting all religious people is a crime either of offense to psychological integrity or offense to honor, you can't use your freedom of speech to insult people, and that applies to all individual people and social groups. If I say all religious people are stupid it's illegal according to civil law and probably will be according to criminal law if someone presses charges, the same will happen if I insult my president, a random person, atheists, vegans, gays, whatever. It doesn't mean you can't make critics, but you can't promote hate. Imagine the case of me with a headline saying gay people should be executed, I don't know how this would be in america but here it would be illegal

The constitutional principle that protects you from insults is the article protecting people's psychological integrity.

What I mean is, all groups of people including minorities are protected constitutionally and legally, but regarding fascism the constitution takes it one step further, but it doesn't mean only future victims of fascism are protected by law.

Check out this article from our constitution in english translation:
"Article 46

(Freedom of association)
1. Citizens shall possess the right to freely associate with one another without requiring
any authorization, on condition that such associations are not intended to promote
violence and their purposes are not contrary to the criminal law.

2. Associations shall pursue their purposes freely and without interference from the
public authorities and shall not be dissolved by the state or have their activities
suspended, except in such cases as the law may provide for and then only by judicial
order.

3. No one shall be obliged to belong to an association, or be coerced to remain therein
by any means.

4. Armed associations, military, militarized or paramilitary-type associations and
organisations that are racist or display a fascist ideology shall not be permitted."
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you

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Messages In This Thread
RE: The You Can't Make This Shit Up Department - by Dystopia - July 10, 2014 at 12:56 pm
RE: The You Can't Make This Shit Up Department - by Losty - July 13, 2014 at 10:20 pm
RE: The You Can't Make This Shit Up Department - by Losty - July 13, 2014 at 10:34 pm
RE: The You Can't Make This Shit Up Department - by Losty - July 13, 2014 at 10:40 pm

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