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0 sats \ 7 replies \ @oliverweiss 4h \ parent \ on: Far-right party could see historic gains in this election. Here's why Politics_And_Law
The Azov brigade doesn’t exist anymore.
I don’t have a strong opinion on this one. Germany has its history with nazism, social nationalism, whatever we call it. As a way out, they came with laws punishing people for showing nazis symbols, symbols of unconstitutional organizations in general. Is that right or wrong? Is it outdated? Anyway, it exists. People don’t get imprisoned for saying things that are not against the law. You can debate about the laws itself. I am also pro free speech, on the other hand I am not a free speech absolutist.
People don’t get imprisoned for saying things that are not against the law.
I hope not! That doesn't make me feel better.
I am not a free speech absolutist.
So what speech should be criminalized?
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Well, an example that comes to my mind is a stacker threatening other stackers to kill them and eliminate them. He wanted to kill my wife and my kids, as well as eliminate others. Not sure it should be criminalized but at least this person should not be on the platform anymore.
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I think we pretty much agree then. But how do you explain this:
In September, a criminal investigation was opened into a German citizen who called politician Ricarda Lang fat on Gab. Under Section 185 of the German Criminal Code, that individual could serve up to a year in prison.
Do you see how ridiculous it might appear to outside observers for government prosecutors to say this, then accuse a political party of being nazis for supposedly displaying a symbol?
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This is indeed a ridiculous case should not have happened.
You know the saying that if something looks like a horse, makes sounds like a horse, it’s very likely a horse. Why would anyone want to show nazi symbols?
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I don't know the facts, and I agree there's no reason to do it. But whether it warrants a criminal prosecution? In the US in the 60s there was a famous flag burning supreme court decision. The act of burning the flag was deemed a constitutional freedom. The same with Nazis marching in Skokie. They had a right to march. I don't think a government has the right to outlaw a political belief. In the US we have a strong sense of free speech.
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This is different in Germany where Section 86a of the German Criminal Code (Strafgesetzbuch) prohibits the use of any propaganda materials and symbols associated with unconstitutional organizations, including the Nazi Party. I said above, there is a nazi history and that’s the way Germans decided to deal with it.