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Abortion, Civil Rights, Healthcare and other Social Issues Abortion, Civil Rights, Homosexuality, Education, Healthcare and other such issues

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  #31 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

I don't think anyone here has suggested that denying the holocaust should be illegal. That doesn't even seem to be the real point of this thread. It seems like Frank and Brett would rather discuss whether or not the holocaust actually happened. That discussion would probably be better suited in a thread of its own.
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  #32 (permalink)  
Old 11-27-2007
Steerpike Steerpike is offline
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by jviehe View Post
Well, there isnt a right to free speech in general, at least in the US. But I dont think you should criminalize poltical beliefs, only actions that infringe on other rights.
Quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Free speech is not absolute however:

Quote:
"The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
This was from the case of Schenck v United States in 1919. The person who made this quote was Oliver Wendell Holmes, Jr. who was on the United States Supreme Court at the time.

So with this criteria, the question can be, "Does Holocaust denial present a clear and present danger that will bring about substantive evils?"

However, this criteria is irrelevant so far as European Union law is concerned.

Last edited by Steerpike; 11-27-2007 at 11:43 AM.
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  #33 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by wphelan View Post
That discussion would probably be better suited in a thread of its own.
In the thread that also carries the following perhaps
- Were some dinosaurs really big or is it a Jewish conspiracy to say so?
- Did the sun actually rise this morning or is it a Jewish conspiracy to say so?
- Did 9/11 really happen or is it a Jewish conspiracy to say so?
- Is the earth actually spheroid or is it a Jewish conspiracy to say so?
- Was there really ever a Roman Empire or is it a Jewish conspiracy to say so?
- Is 2 +2 actually 4 or is it a Jewish conspiracy to say so?
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  #34 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by WarOnIgnorance View Post
In the thread that also carries the following perhaps
- Were some dinosaurs really big or is it a Jewish conspiracy to say so?
- Did the sun actually rise this morning or is it a Jewish conspiracy to say so?
- Did 9/11 really happen or is it a Jewish conspiracy to say so?
- Is the earth actually spheroid or is it a Jewish conspiracy to say so?
- Was there really ever a Roman Empire or is it a Jewish conspiracy to say so?
- Is 2 +2 actually 4 or is it a Jewish conspiracy to say so?
Ah, of course. I forgot about the infamous 2+2 Jewish conspiracy. Damn it, why must they always obfuscate the truth???

I think a whole new subforum is in order. The holocaust 'historical inquiry' would fit in quite nicely.
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  #35 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by Frank View Post
There are still people around from WWI; I do not view that as a recent event either...
...I do.

Seriously, I'm not trying to be hard headed. But when you consider that recorded history began roughly 6,000 years ago, anything that happened in the last 100 years is pretty recent. Airplanes are recent, nuclear power is recent, computers are recent, etc.

Quote:
How do you convince the EU you do not have a 'hateful agenda?' This is the problem...
It's usually pretty easy to tell. Most of the holocaust deniers that I've heard make the news are already well known anti-Semites. Not once have I seen a case of an ordinary person presenting extraordinary evidence to prove the Holocaust was fake, merely out of an effort to set history straight.

Quote:
How are they deniers if they admit 3 million were killed? Maybe you should revise your labels; they make little sense.
Not at all. Holocaust deniers will use this line for a number of reasons. I've seen them use it to get a "foot in the door" by raising doubts of the veracity of the Holocaust. Once people accept this, they can introduce ideas that before would have been less palatable to ordinary folk. I've also seen holocaust deniers resort to this when their Holocaust denial is ripped apart and crapped on, in an attempt to get some sort of small victory.

Quote:
Your feelings and fact are two different issues; pro-Israel sentiment is not banned in Europe though thankfully unpopular in many circles.
And pro-Palestine sentiment isn't banned, either. I'm sure you're just as free to donate money to a Palestinian charity as you are an Israeli one.


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  #36 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by Speakeasy View Post
.

It's usually pretty easy to tell. Most of the holocaust deniers that I've heard make the news are already well known anti-Semites. Not once have I seen a case of an ordinary person presenting extraordinary evidence to prove the Holocaust was fake, merely out of an effort to set history straight.
Fred Leuchter is just such a case. Not all of them are overtly anti-semitic. Check out Fred Leuchter. He became an expert on execution equipment in the U.S. and was called upon by the defense in Canada's Zündel trial. He went to Auschwitz and took samples from gas chambers and somehow came to the conclusion that the buildings he examined could not have been used for executions. He of course failed to examine the archives that contain detailed schematics of the equipment used because he assumed that Auschwitz remained unchanged from the war, but his "research" is often used by deniers. Leuchter is just an idiot but is not necessarily anti-semitic in the sense that neo-nazis are.
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  #37 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by Steerpike View Post
Free speech is not absolute however:



This was from the case of Schenck v United States in 1919. The person who made this quote was Oliver Wendell Holmes, Jr. who was on the United States Supreme Court at the time.

So with this criteria, the question can be, "Does Holocaust denial present a clear and present danger that will bring about substantive evils?"

However, this criteria is irrelevant so far as European Union law is concerned.
Thats why I said in general. You only have a right to not have congress make a law abridging speech. That doesnt mean you have a right to free speech. A state could still make a law restricting speech.
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  #38 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by mpd8488 View Post
Fred Leuchter is just such a case. Not all of them are overtly anti-semitic. Check out Fred Leuchter. He became an expert on execution equipment in the U.S. and was called upon by the defense in Canada's Zündel trial. He went to Auschwitz and took samples from gas chambers and somehow came to the conclusion that the buildings he examined could not have been used for executions. He of course failed to examine the archives that contain detailed schematics of the equipment used because he assumed that Auschwitz remained unchanged from the war, but his "research" is often used by deniers. Leuchter is just an idiot but is not necessarily anti-semitic in the sense that neo-nazis are.
Thanks, mpd8488. It would appear that Fred Leuchter would not be prosecuted under European laws, as well. Exactly the evidence I was looking for.
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  #39 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by Speakeasy View Post
It's usually pretty easy to tell. Most of the holocaust deniers that I've heard make the news are already well known anti-Semites.
And what about accused 'anti-Semites' who criticise Israel? Using this reasoning they should be jailed for criticising that state because as 'anti-Semites' they are trying to subject Jews to negative view.

Quote:
Not at all. Holocaust deniers will use this line for a number of reasons. I've seen them use it to get a "foot in the door" by raising doubts of the veracity of the Holocaust. Once people accept this, they can introduce ideas that before would have been less palatable to ordinary folk. I've also seen holocaust deniers resort to this when their Holocaust denial is ripped apart and crapped on, in an attempt to get some sort of small victory.
Or maybe they are not deniers but skeptics? Maybe they question the static 6,000,000 number because death tolls at the primary 'extermination' camp are unknown and have been revised downward?

Quote:
Thanks, mpd8488. It would appear that Fred Leuchter would not be prosecuted under European laws, as well. Exactly the evidence I was looking for.
How is this 'evidence' if your belief? Has he 'denied' the holocaust in any EU nation or revisited any EU nation since doing so if he did?
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  #40 (permalink)  
Old 11-27-2007
Steerpike Steerpike is offline
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by jviehe View Post
Thats why I said in general. You only have a right to not have congress make a law abridging speech. That doesnt mean you have a right to free speech. A state could still make a law restricting speech.
A U.S. State could try to pass such a law, but it could then be challenged in court. If such a legal decision was made based on legal precedent, then criteria set by Justice Holmes could come into play in such a legal decision.

Anyway, this is not about the United States. This is the European Union that is looking to do this.
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  #41 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Quote:
Originally Posted by Speakeasy View Post
Thanks, mpd8488. It would appear that Fred Leuchter would not be prosecuted under European laws, as well. Exactly the evidence I was looking for.
The thing with the European laws is that even with court precedents there is no hard line to determine who will be charged. European courts (especially in Germany) view the dignity of the victims as a right that must be balanced with free speech (our precedents on free speech don't examine this). If it could be construed that Leuchter's statements were "a denigration of the memory of the dead" he could be charged. And honestly, though I don't believe that it should be a crime, I could see how this could be the case. Watching Leuchter chiseling away at stone in crematoriums and gas chambers in Auschwitz made me sick to my stomach. Had Leuchter gone to Europe and made his film widely available he may very well have been charged.
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  #42 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

"Should Holocaust Denial Be A Criminal Offense [?]"

No. The fact that it is distasteful should not be part of law.
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  #43 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

Being an idiot shouldn't be a criminal offense.
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  #44 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

I agree with Bob Marley. Being an idiot shouldn't be a criminal offense and its not practical - we'd need more prisons.
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  #45 (permalink)  
Old 11-27-2007
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Re: Should Holocaust Denial Be A Criminal Offense

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Originally Posted by Miranda View Post
I agree with Bob Marley. Being an idiot shouldn't be a criminal offense and its not practical - we'd need more prisons.
If ignorance was a crime, some of the white racist fucks in this country would get the death penalty...
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