[net.politics] Hate literature laws no violation of

janw@inmet.UUCP (10/15/85)

[Dave Sherman, quoting a magazine article by Albert Frank : dave@lsuc]
/* ---------- "Hate literature laws no violation o" ---------- */
> [legal arguments are given in support of the following:]
> The same principles justify the civil law of defamation and the
> criminal laws concerning hate literature; they stand or fall
> together.  Those who are of the opinion that hate literature
> is an unacceptable restriction of freedom of speech must, to be
> consistent, urge that the tort of defamation be abolished for
> precisely the same reason.

The legal argumentation sounds impressive; though another  lawyer
could,  perhaps, do the same for the other side. Precedents and
analogies can always be found both for extending  and  curtailing
freedom  of  speech. But I would argue that, pragmatically, ex-
tending it works, while curtailing, in a free society,  usually
fails.  A clever person can always find ways (and then non-clever
ones can imitate him) to package his message so as to stay just
on  the  boundary of your new rules. The message becomes more at-
tractive by being an almost-forbidden fruit.  And  sometimes  he
will slightly overstep the boundary to provoke a conspicuous tri-
al where he will have the star role. The trial may go either way;
if  it  goes  his way, his vindication in the defamation case may
rub off onto his odious views. If it goes your way, he gains some
sympathy as the underdog. At present, he only has one issue, on
which he is clearly wrong. You propose to hand  him  another,  on
which he can sometimes be right.

> I have spoken to many people who think that it would be better
> to sue hate propagandists than to prosecute them, a view which I
> share.  

So do I.

>   The civil law should be reformed to allow class action
> lawsuits against those who defame groups.
> 
> Until or unless the civil law is reformed, it is good that the
> criminal law is available.  We must not forget the seriousness
> of group defamation.  

Well, it is not a question of its seriousness (on which I  agree)
but  of  its  bordering on the expression of views on general to-
pics.

Should Shockley be liable for his scientific theory  that  blacks
are  less  intelligent  than  whites ? Or should he only lose his
case if he is scientifically wrong (as I think he is) ?  Or  only
if  his  methods  are  unscientific (I think they are, along with
everything else in this field) ? Or should he be  judged  by  his
intentions,  which  are  almost  certainly  good, but how can you
prove this ?

The case of denying Holocaust is at one end of an enormous  spec-
trum.  I don't know what Canadian courts would do to a Turk deny-
ing the Armenian Holocaust of 1915. This  is  probably  the  next
nearest  case. The Turkish exterminators were not such meticulous
record-keepers as the German ones, and estimates vary wildly.

Next comes a devout Communist denying  Stalin's  purges.  Then  a
mildly  left-wing  guy who thinks Soviet massacres in Afghanistan
are no worse than what Americans did in Vietnam.
 And then both sides of the Ulster confrontation with their  com-
peting histories of the events there. Where can you draw the line?

And, at every reopening of this legal problem, you will have the
champions of mass murder posing as champions of free speech!
That prospect disgusts me the most. GIVE the bastards free speech.

Let me repeat: I have no doubt of the seriousness of  the  issue:
THESE PEOPLE DENY THE HOLOCAUST IN ORDER TO REPEAT IT. E.g., such
is the clear implication of two opinions expressed  here  by  one
poster:  that Jews are not true Americans, and also have no right
to live in what is now Israel. Where are they supposed to go ? Up
the  chimney,  had  the  poster  been less shy to speak his mind.
(Aren't you glad to have a specimen like that under  observation?
Well, I am not ... but I should be).

What can be done ? Well, the B'nai B'rith  Antidefamation  League
methods  seemed to work well in the past. (And Henry Ford the 1st
was a stronger opponent than present-day bigots). Using  existing
laws; economic pressure; political pressure.
 Find allies. Religious and ethnic minorities (by the  way:  does
Specimen  ever  mention  blacks  ?); politicians, left and right.
Jerry Falwell (who is unpopular on this net, and not  at  all  my
hero) is very decent on the Jewish issues, and is an authority to
many people who might otherwise be susceptible to  sectarian  ha-
tred  ideologues.  Find  out who finances these organizations and
try pulling the rug from under them.  Contact  broader  political
groups of which they are part, and have them thrown out - as they
were from John Birch society. Our specimen brags of  being  hand-
in-glove with all kinds of people - from Noam Chomsky to the Mor-
mon church. But I bet some of them aren't proud  of  the  connec-
tion. Give them a chance to say so.

Making  something  illegal does not automatically  eliminate  it;
making it unfashionable  and frowned upon sometimes works better.

 But most of all, keep living. Don't let them set the  agenda.  At
one  time,  this net group  almost became  net.specimen. That, in
itself, was a victory for him.  The best antidote was probably to
use  him  as  an occasion to discuss some more general topics, as
we are doing now.

		Jan Wasilewsky

nrh@inmet.UUCP (10/16/85)

>/* Written 12:45 pm  Oct 11, 1985 by dave@lsuc in inmet:net.politics */
>/* ---------- "Hate literature laws no violation o" ---------- */
>
>The same principles justify the civil law of defamation and the
>criminal laws concerning hate literature; they stand or fall
>together.  Those who are of the opinion that hate literature
>is an unacceptable restriction of freedom of speech must, to be
>consistent, urge that the tort of defamation be abolished for
>precisely the same reason.

Actually, I'm not so sure this would be a bad idea.  Because of
anti-defamation laws, one finds that the printed word has an 
authority that it doesn't really deserve.  How many times
have you heard "Well, they wouldn't print it if it weren't true!"

A person's reputation does NOT belong to him.  One's reputation is
the product of what other people think of one.  If I "own" my
reputation, it follows that I have a right to tell other people what
to think of me.  If, on the other hand, my "reputation" is
acknowledged to be owned by others, then the people who "own" my
reputation  may sue for fraud if someone makes false statements about
me to his own advantage, so it doesn't follow that those who defame
would find it safe to do so.

It's a thorny problem in some ways, of course, I *feel* damaged when
people say bad things about me, so I *feel* as if I've a right to
compensation, but do I really?

I'd prefer freedom of speech, even dangerous speech, to ceding the
authority to gag people to anybody, especially politicians.