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pickledoyster | 5 months ago
I think quite a few Europeans have lasting and direct experience with totalitarian, oppressive regimes. Which might also explain why they have stricter (or simply more precise) laws governing expression – not as an oppressive tool, but as a safety valve for the society.
aydyn|5 months ago
Braxton1980|5 months ago
oscaracso|5 months ago
atoav|5 months ago
And a lot of speech is like this, nearly no speech is consequence free. I am not saying we should ban any speech that has negative consequences. What I am saying is that with other rights we also have to way the active freedoms of one person ("the freedom to do a thing") against the passive freedoms of all the others ("the freedom to not have a thing done to you").
With other rights it is the same, you may have a right to carry a firearm and even shoot it. But if you shoot it for example in church, other peoples right not to have to deal with you shooting that gun in that church outweighs your right to do that.
In the German speaking part of the EU we decided that the right of literal Nazis to carry their insignia doesn't outweigh the right of the others to not have to see the insignia that have brought so much pain and suffering in these lands. To some degree this is symbolic, because it only bans symbols and not ideologies, but hey, I like my government to protect my state from a fascist takeover, because they are kind of hard to reverse without violence.
rose-knuckle17|5 months ago
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jszymborski|5 months ago
I think it is good and healthy to have conversations as to what should and should not be protected speech, but I think that there is this rote reaction that kinda boils down to free speech absolutism. But of course, all the free speech absolutists find at some point or another there is some speech they want made illegal.
A great example of this is in the US where Republicans often outwardly took such as stand when they weren't in power, but recently tried to use the FCC to take a comedian who made light criticism of the regime off the air.
So, silencing speech might not always be the oppressive regime, but it sometimes is.
EDIT: OK, I get the fire/theatre example is a bad one. Instead, consider incitement more broadly. For example incitement to discrimination, as prohibited by Article 20 of the International Covenant on Civil and Political Rights.
wakawaka28|5 months ago
alphazard|5 months ago
This strikes me as just incorrect. What example from history shows totalitarianism being successfully avoided because of controls on speech?
The first item in the totalitarian playbook is controlling speech, and there are historical examples of that in every single totalitarian regime that I'm aware of.
9dev|5 months ago
This has worked well for more than half a century here, and I assure you that Germany hasn’t succumbed to a totalitarian regime yet. Quite the opposite to some, erm, land of the free that seems to struggle a lot with freedom lately.