2
   

nationalism is the first half of "nazi"

 
 
Walter Hinteler
 
  1  
Reply Fri 21 Dec, 2007 10:28 am
It's not only so baloney, CJ, it just isn't true.
0 Replies
 
old europe
 
  1  
Reply Fri 21 Dec, 2007 10:38 am
Re: nationalism is the first half of "nazi"


Have to correct what your link says here:

Quote:
The answer to this question largely depends on the intended use of the swastika symbol. As a matter of public law, the post-war German law codes prohibit the display of a swastika in any form or fashion, even if used satirically or as part of an anti-Nazi political statement.


It is allowed to display a swastika if used satirically. It is legal to display it as part of an anti-Nazi political statement.

Too much misinformation out there, really....
0 Replies
 
Walter Hinteler
 
  1  
Reply Fri 21 Dec, 2007 10:44 am
... and of course you can legally have as many copies of 'Mein Kampf' as you want.

You can buy them in anitique bookshops only, though. And that is because the licence and copyright holder (the Bavarian state got these rights from USA after 1945) forbids such.
0 Replies
 
mysteryman
 
  1  
Reply Fri 21 Dec, 2007 12:20 pm
Re: nationalism is the first half of "nazi"
CalamityJane wrote:
mysteryman wrote:
Much as I hate to say it, flaja is right...to a degree.
If Grmany truly respected the right to free speech,the swastika and other symbols of Naziism would not be illegal.
While I understand and share the Germans revulsion to the swastika, to me it seems as if the German govt doesnt trust its own people to know how evil that period was and to know on there on not to try to display the swastika.

http://www.wisegeek.com/is-it-really-illegal-to-display-the-swastika-symbol-in-germany.htm

Also the german govt banned anyone owning a copy of "Mein Kampf".
So, you could say that some forms of free speech are banned in Germany.


That's so baloney! Tell me MM, why is it then considered a hate crime
and illegal in the United States if you have a noose on public display?

As far as I know, its not illegal to display a noose in the US.
Stupid and racist, yes. Illegal, no.



Why is the distribution of neo-nazi paraphernelia prohibited in the US? Why are neo-nazi internet sites banned in the US?

Neither of these are illegal nor are they prohibited.
You need to do a little more Homework on that score.




Could it be that they're all considered part of a hate crime? It could,
coudn't it, if you think long and hard about it, no?

It might be racist, but in and of themselves those actions are not considered hate crimes.
It is how people react to and use those images that can be considered criminal.



As for flaja: go back to school and pay attention to your teachers,
and I mean really attention. The rubbish you're bubbling around here,
isn't get you anywhere.
0 Replies
 
mysteryman
 
  1  
Reply Fri 21 Dec, 2007 12:22 pm
Re: nationalism is the first half of "nazi"
old europe wrote:


Have to correct what your link says here:

Quote:
The answer to this question largely depends on the intended use of the swastika symbol. As a matter of public law, the post-war German law codes prohibit the display of a swastika in any form or fashion, even if used satirically or as part of an anti-Nazi political statement.


It is allowed to display a swastika if used satirically. It is legal to display it as part of an anti-Nazi political statement.

Too much misinformation out there, really....


Since you live there, I will take the word of you and Walter on that matter.
I was only going by some of the websites I looked up and the information I was given when I was stationed in Germany during the 1980's.
If I was wrong I apologize.
0 Replies
 
CalamityJane
 
  1  
Reply Fri 21 Dec, 2007 12:39 pm
Well MM, people do get arrested for displaying a noose, perhaps not in
Kentucky but other places it is considered a felony

http://www.denverpost.com/news/ci_7754563


Yes, neo-nazi sites are not banned yet in the US - that was wishful
thinking on my part, sorry to say.
0 Replies
 
mysteryman
 
  1  
Reply Fri 21 Dec, 2007 12:49 pm
CalamityJane wrote:
Well MM, people do get arrested for displaying a noose, perhaps not in
Kentucky but other places it is considered a felony

http://www.denverpost.com/news/ci_7754563


Yes, neo-nazi sites are not banned yet in the US - that was wishful
thinking on my part, sorry to say.


The link you posted says nothing about it being a felony.
From your own link...

Quote:
Massaglia faces a charge of harassment, a Class 1 misdemeanor punishable by six to 18 months in jail. The charge was bumped from a Class 3 to a Class 1 misdemeanor because the harassment was race-related.


Notice it says MISDEMEANOR.
That is a far cry from a felony.
0 Replies
 
old europe
 
  1  
Reply Fri 21 Dec, 2007 01:14 pm
Re: nationalism is the first half of "nazi"
mysteryman wrote:
Since you live there, I will take the word of you and Walter on that matter.
I was only going by some of the websites I looked up and the information I was given when I was stationed in Germany during the 1980's.
If I was wrong I apologize.


No worries.

I can see that some laws merit discussion. I just don't get the leap from a law that prohibits displaying a swastika in order to propagate Nationalsocialism to a statement along the lines of "that just shows that Germans are unfit for democracy."

There's virtually no country in the world that has not some restrictions on free speech in place. You might not be allowed to practise free speech when you're likely to incite imminent lawless action. You might not be allowed to shout fire in a crowded theatre. You might not be allowed to lie in court, to infringe copyrights, to talk about sensitive or secret information of national interest, to encourage terrorism.

Are there laws like that in place in the United States? I think so. Does that mean that, because freedom of speech is not absolute, that Americans can't be trusted with democracy?
0 Replies
 
flaja
 
  1  
Reply Fri 21 Dec, 2007 06:59 pm
Re: nationalism is the first half of "nazi"
Walter Hinteler wrote:
flaja wrote:
If Germans were truly a democratic people something like the Reichstag Fire Decree would have been impossible.


Well, you may have missed that: between 1933 and the founding of the Federal Repulic was the Nazi regimes and WWII.


The Weimar Constitution, that allowed the government to abolish civil liberties during times of national emergency, was ratified in 1919.

Article 48 of the Weimar Constitution:

"In case public safety is seriously threatened or disturbed, the Reich President may take the measures necessary to reestablish law and order, if necessary using armed force. In the pursuit of this aim, he may suspend the civil rights described in articles 114, 115, 117, 118, 123, 124 and 153, partially or entirely."

Article 114
Privilege of Habeas corpus

Article 115
Protection against unreasonable search and seizure

Article 117
Privacy of correspondence in mail, telegraph and telephone communication

Article 118
Freedom of speech and freedom of the press

Article 123
Right to peaceable assembly

Article 124
Freedom of association

Article 125
Right to free elections with secret ballots

Quote:
Our Basic Law came into effect in 1949.


Your basic law still denies a right to freedom of speech and freedom of the press.
0 Replies
 
flaja
 
  1  
Reply Fri 21 Dec, 2007 07:04 pm
Re: nationalism is the first half of "nazi"
CalamityJane wrote:
Tell me MM, why is it then considered a hate crime
and illegal in the United States if you have a noose on public display?


Because certain liberals have been hell-bent on passing unconstitutional laws that have yet to be challenged in court.

Quote:
Why is the distribution of neo-nazi paraphernelia prohibited in the US? Why are neo-nazi internet sites banned in the US?


Since when? If you haven't been able to find Nazi items or websites in the U.S., you haven't looked very hard.

Can you cite me the portions of the statutory laws that ban neo-Nazi paraphernalia and websites?
0 Replies
 
flaja
 
  1  
Reply Fri 21 Dec, 2007 07:19 pm
CalamityJane wrote:
Well MM, people do get arrested for displaying a noose, perhaps not in
Kentucky but other places it is considered a felony

http://www.denverpost.com/news/ci_7754563


"Massaglia faces a charge of harassment, a Class 1 misdemeanor punishable by six to 18 months in jail. The charge was bumped from a Class 3 to a Class 1 misdemeanor because the harassment was race-related."

You could call this a hate crime, but does the law this man was arrested under apply to everyone or just government employees using government property? There is some question as to whether or not your First Amendment rights follow you to work since at work you are on your boss's time, not your own.

And note that the crime the man is charged with is a misdemeanor[/i] not a felony as per your claim.

[quote]Yes, neo-nazi sites are not banned yet in the US - that was wishful
thinking on my part, sorry to say.[/quote]

In other words you start your mouth before you start your brain.
0 Replies
 
old europe
 
  1  
Reply Fri 21 Dec, 2007 07:47 pm
flaja wrote:
"Massaglia faces a charge of harassment, a Class 1 misdemeanor punishable by six to 18 months in jail. The charge was bumped from a Class 3 to a Class 1 misdemeanor because the harassment was race-related."


It seems that his freedom of expression was curtailed. Well, what can you say? The fact that Americans don't trust themselves to have freedom of expression just shows how unfit they are for democracy....
0 Replies
 
CalamityJane
 
  1  
Reply Fri 21 Dec, 2007 08:02 pm
Every state handles these hate crimes differently.

Quote:


smartypants flaja wrote
Quote:
In other words you start your mouth before you start your brain.


I realize that someone like you does conclude to such, especially when
displaying your own ignorance.
0 Replies
 
Walter Hinteler
 
  1  
Reply Sat 22 Dec, 2007 12:08 am
flaja wrote:

Your basic law still denies a right to freedom of speech and freedom of the press.


No.

But we don't have "embedded journalists".
0 Replies
 
flaja
 
  1  
Reply Sat 22 Dec, 2007 08:24 am
Walter Hinteler wrote:
flaja wrote:

Your basic law still denies a right to freedom of speech and freedom of the press.


No.

But we don't have "embedded journalists".


Can you walk down the streets of Munich, raise you hand stiffly in the air and shout "Heil Hitler" and not be arrested?
0 Replies
 
Walter Hinteler
 
  1  
Reply Sat 22 Dec, 2007 09:41 am
No.You can't. Like in most other European countries.

But we could meet in Cuba and talk about that there.



So you think that it's okay to act against the constitution of a country inside that country. (Not against the US constitution in or outside the USA by US-citizens or anyone else, of course.)
0 Replies
 
flaja
 
  1  
Reply Sat 22 Dec, 2007 02:43 pm
Walter Hinteler wrote:
No.You can't. Like in most other European countries.


You have documentation for most other European countries?

Quote:
So you think that it's okay to act against the constitution of a country inside that country. (Not against the US constitution in or outside the USA by US-citizens or anyone else, of course.)


That's not the issue. The ability of Germans to enjoy freedom of speech and freedom of the press is the issue. The fact that Germans do not trust themselves to have total freedom in this regard shows how unfit they are for such freedom.
0 Replies
 
mysteryman
 
  2  
Reply Sat 22 Dec, 2007 03:09 pm
flaja wrote:
Walter Hinteler wrote:
No.You can't. Like in most other European countries.


You have documentation for most other European countries?

Quote:
So you think that it's okay to act against the constitution of a country inside that country. (Not against the US constitution in or outside the USA by US-citizens or anyone else, of course.)


That's not the issue. The ability of Germans to enjoy freedom of speech and freedom of the press is the issue. The fact that Germans do not trust themselves to have total freedom in this regard shows how unfit they are for such freedom.


flaja,
You do realize that there are limits on free speech in the US, dont you?

Here are some examples...

http://www.homepagedaily.com/Pages/article1392-us-supreme-court-limits-free-speech1.aspx

Quote:
In what will surely become known as the Bong Hits For Jesus decision, the U.S. Supreme Court has ruled 5-4 that high school students do not have the right to free speech when it can be interpreted as advocating drug use.


http://www.idebate.org/debatabase/topic_details.php?topicID=100

Quote:
Irrespective of its US provenance, we recognise that "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." (Schenck v. United States, 3 March, 1919). Thus shouting fire in a crowded cinema when there is no fire, and you know it, is wrong. We accept this limit on free speech, therefore the principle is conceded.


Here is a list of Supreme Court cases regarding free speech in the US.
You might find it interesting and informative reading

http://www.anarchytv.com/speech/cases.html
0 Replies
 
Walter Hinteler
 
  1  
Reply Sat 22 Dec, 2007 03:25 pm
flaja wrote:
You have documentation for most other European countries?



No. But I can read. For instance the various criminal codes. In the respective languages and/or translations.

flaja wrote:
That's not the issue. The ability of Germans to enjoy freedom of speech and freedom of the press is the issue. The fact that Germans do not trust themselves to have total freedom in this regard shows how unfit they are for such freedom.


Besides the fact that tinygiraffe started this thread under a different headline - even if you have the right to decide the issue - YOU can't chnage our Basic law (nor any other law here).

But you will know better, you're THE expert in German law, history and knowledge of German's human nature.
0 Replies
 
flaja
 
  1  
Reply Sat 22 Dec, 2007 05:11 pm
mysteryman wrote:
flaja wrote:
Walter Hinteler wrote:
No.You can't. Like in most other European countries.


You have documentation for most other European countries?

Quote:
So you think that it's okay to act against the constitution of a country inside that country. (Not against the US constitution in or outside the USA by US-citizens or anyone else, of course.)


That's not the issue. The ability of Germans to enjoy freedom of speech and freedom of the press is the issue. The fact that Germans do not trust themselves to have total freedom in this regard shows how unfit they are for such freedom.


flaja,
You do realize that there are limits on free speech in the US, dont you?


Not political speech- at least not that I am aware of.



I am aware of this decision, but I don't know all of the details behind it. But my understanding is that the ruling has nothing to do with political speech. You don't have a right to incite others to violate constitutional laws. Since it is constitutional to prohibit the use of narcotics, no one has a right to violate our narcotics laws or encourage others to do so.

However, under the U.S. Constitution any law that prohibits Nazi, or any other political activity, would be unconstitutional and if such laws were to be enacted, you would be within your constitutional right to violate them and encourage others to do likewise.

My only objection to the decision in the bong hits case is that the government may someday try to ban legitimate speech by saying it encourages people to violate drug laws when the speech has nothing to do with drug laws.

Quote:
Irrespective of its US provenance, we recognise that "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." (Schenck v. United States, 3 March, 1919). Thus shouting fire in a crowded cinema when there is no fire, and you know it, is wrong. We accept this limit on free speech, therefore the principle is conceded.


Shouting fire when there is no fire is not political speech.
0 Replies
 
 

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