Do we want to be like this?

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Jasmine
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Do we want to be like this?

Unread post by Jasmine »

Dozens of police teams across Germany raided homes before dawn in a coordinated crackdown on a recent Tuesday. The state police weren't looking for drugs or guns, they were looking for people suspected of posting hate speech online.

As prosecutors explain it, the German constitution protects free speech, but not hate speech. And here's where it gets tricky: German law prohibits speech that could incite hatred or is deemed insulting. Perpetrators are sometimes surprised to learn that what they post online is illegal, according to Dr. Matthäus Fink, one of the state prosecutors tasked with policing Germany's robust hate speech laws.

"They don't think it was illegal. And they say, 'No, that's my free speech,'" Fink said. "And we say, 'No, you have free speech as well, but it is also has its limits.'"

In the U.S., most of what gets posted online, even if it's hate-filled, is protected by the First Amendment as free speech. But in Germany, authorities are prosecuting online trolls in an effort to protect discourse and democracy.

It can be a crime to publicly insult someone in Germany, and the punishment can be even worse if the insult is shared online because that content sticks around forever, Fink said.

Fink, and prosecutors Svenja Meininghaus and Frank-Michael Laue, explained that German law prohibits the spread of malicious gossip, violent threats and fake quotes. Reposting lies online can also be a crime.

"The reader can't distinguish whether you just invented this or just reposted it," Meininghaus said. "It's the same for us."

The punishment for breaking hate speech laws can include jail time for repeat offenders. But in most cases, a judge levies a stiff fine and sometimes keeps the offender's devices.

"It's a kind of punishment if you lose your smartphone. It's even worse than the fine you have to pay," Laue said.
Full article: https://www.cbsnews.com/news/germany-on ... 0-minutes/

It’s Germany, so they can do what they want. But how would you feel if this type of law was enacted here?

I’m hoping we can all agree that this would be a horrible idea. Free speech is free speech.

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O Really
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Re: Do we want to be like this?

Unread post by O Really »

Sorry Jasmine. Not all speech is protected. Not now or ever, with the examples of falsely yelling "fire" in a crowd, or speech that constitutes slander. The question is how to treat hate speech and how that is defined. I'm for restricting it a long the Canadian model.

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Re: Do we want to be like this?

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You can't communicate threats either.
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Vrede too
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Re: Do we want to be like this?

Unread post by Vrede too »

Jasmine wrote:
Tue Feb 18, 2025 10:13 pm

Full article: https://www.cbsnews.com/news/germany-on ... 0-minutes/

It’s Germany, so they can do what they want. But how would you feel if this type of law was enacted here?

I’m hoping we can all agree that this would be a horrible idea. Free speech is free speech.
What O Really says.

I would love to be a free speech absolutist, then we could all revel in your libertarian nirvana. However, unrestrained hate, racism, misogyny, threats and anger, not to mention Russian bots, have brought us to the brink of fascism, the opposite of your libertarian ideal. The Germans know these dangers better than most. So, I'm okay with limits being set, understanding that it will always be clumsy, contentious and requiring adjustment as to where to draw the line.
GoCubsGo wrote:
Tue Feb 18, 2025 11:13 pm
You can't communicate threats either.
Happens all the time without sanction, as long as they're kept somewhat vague.
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Re: Do we want to be like this?

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Vrede too wrote:
Tue Feb 18, 2025 11:14 pm

Happens all the time without sanction, as long as they're kept somewhat vague.
Of course, but there's enough dummies who aren't vague.
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Jasmine
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Re: Do we want to be like this?

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What should be done to people who post videos encouraging others to assassinate Trump?

What if I called a black person the N-word? Should I go to jail?

I’m just curious where the line should be drawn.

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O Really
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Re: Do we want to be like this?

Unread post by O Really »

IMNVHO, real life doesn't work on bright lines drawn. It's not a wide gray line with judgement requires. One would have to evaluate not only what was said, but also the context. It's a sliding scale, not black and white.

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Re: Do we want to be like this?

Unread post by GoCubsGo »

Jasmine wrote:
Tue Feb 18, 2025 11:57 pm
What should be done to people who post videos encouraging others to assassinate Trump?

What if I called a black person the N-word? Should I go to jail?

I’m just curious where the line should be drawn.
That is illegal and can be prosecuted.

There are laws on hate speech already.

I agree with both.

But if tump had a nice stroke and died I won't mourn.
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Re: Do we want to be like this?

Unread post by GoCubsGo »

O Really wrote:
Wed Feb 19, 2025 12:02 am
IMNVHO, real life doesn't work on bright lines drawn. It's not a wide gray line with judgement requires. One would have to evaluate not only what was said, but also the context. It's a sliding scale, not black and white.
Like 99% of life.
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Vrede too
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Re: Do we want to be like this?

Unread post by Vrede too »

Jasmine wrote:
Tue Feb 18, 2025 11:57 pm
What should be done to people who post videos encouraging others to assassinate Trump?
That is illegal, as GoCubsGo says, and will buy them a visit from the Secret Service.
What if I called a black person the N-word? Should I go to jail?
"Fighting words" are illegal, and bigoted speech leads to hate crime enhancements if associated with other crimes like assault. Your own article about Germany:
... in most cases, a judge levies a stiff fine and sometimes keeps the offender's devices....
No jail.

Do you want to call Blacks 'Nigger'?
I’m just curious where the line should be drawn.
You/we have already accepted many limitations on "free speech":
Can't yell "Fire" in a crowded theater, as O Really says;
Can't make explicit threats, as GoCubsGo says;
Can't incite a riot or other violence, including suicide;
Can't libel or slander;
Can't swear or air nudity/hot sex on broadcast TV;
Can't publish porn in some locales;
Can't watch porn in NC without registering and proving age, though it's hardly enforced;
Can't post "snuff" films;
Can't create or share child porn. Do you want to publish child porn?

I'd argue that we're better off with most of these restrictions. What's the harm in also banning narrowly-defined hate speech?
GoCubsGo wrote:
Wed Feb 19, 2025 12:03 am
... But if tump had a nice stroke and died I won't mourn.
:thumbup: It's legal to wish for a fatal PINO CVA. I'm not sure what the status is of casting spells to bring it about. :twisted:
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