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3 Years for denying Holocaust

 
 
Lash
 
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Reply Tue 21 Feb, 2006 12:42 am
<lilk is trying to convert me>
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littlek
 
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Reply Tue 21 Feb, 2006 12:43 am
<heehee>
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Walter Hinteler
 
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Reply Tue 21 Feb, 2006 12:59 am
ebrown_p wrote:
Does Europe have the equivalent of the ACLU in the states? Who fights for the civil rights of unpopular opinions in old Europe?


We've got the European Court of Human Rights for all 46 member countries of the Council of Europe:
Based in Strasbourg, this is the only truly judicial organ established by the European Convention on Human Rights. It is composed of composed of one Judge for each State party to the Convention and ensures, in the last instance, that contracting states observe their obligations under the Convention. Since November 1998, the Court has operated on a full-time basis.
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Walter Hinteler
 
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Reply Tue 21 Feb, 2006 01:04 am
In Austria as well as in Germany the criminal laws has little to nothing to do with free speech: since both countries have a strongly anti-Nazi constitution those laws are only defending their rights against constitutional enemies.

With all respect: this are laws regarding a Criminal Code with is Roman Law - hardly to compare with the US-system at all - and under quite different constitutions.

One great different is that (as ruled various times by the Federal Constitutional Court [both of Germany as of Austria] individual rights ("Persönlichkeitsschutz") take precedence over freedom of speech.


(Some US-laws are difficult to understand here as well :wink: )
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georgeob1
 
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Reply Tue 21 Feb, 2006 01:23 am
European and American approaches to some of these questions are indded different, but I wouldn't make too much of it. Democratic countries have legislatures precisely to work out practical generally acceptable local answers to such issues. I would be reluctant to go too far applying my standards to such issues as worked out in a democratic process by other countries.

While many Americans here boast about our supposed unbounded and sacred freedom of speech, the fact is that, in the name of protecting minority rights, numerous institutions in this country nhave instituted rather severe restrictions on our freedom of speech and, sadly, many of these restrictions have been sustained in our courts. A prime example of this is the speech codes so favored in our universities. Indeed Larry Sommers, the President of harvard University is in immediate danger of losing his job because he dared to speculate that perhaps the relatively low enrollment of women in science courses was in part a result of self-selection on their part and, in a statistical sense, a marginally reduced inrterest or aptitude for it. With these facts in mind, i believe it is unsuitable for Americans to criticize a reasonable legisalative action on the part of Austria for their own governance.

At the same time I would appreciate it if the Council of Europe would confine its moral judgements to its own members who are not without their own issues.
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Walter Hinteler
 
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Reply Tue 21 Feb, 2006 01:24 am
Article 5 of the Basic Law (Germany) declares that:

1. Everybody has the right freely to express and disseminate their opinions orally, in writing or visually and to obtain information from generally accessible sources without hindrance. Freedom of the press and freedom of reporting through audiovisual media shall be guaranteed. There shall be no censorship.
2. These rights are subject to limitations embodied in the provisions of general legislation, statutory provisions for the protection of young persons and the citizen's right to personal respect.
3. Art and scholarship, research and teaching shall be free. Freedom of teaching shall not absolve anybody from loyalty to the constitution.


For the legal situation in Austria see e.g. here.
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dagmaraka
 
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Reply Tue 21 Feb, 2006 01:35 am
georgeob1 wrote:

At the same time I would appreciate it if the Council of Europe would confine its moral judgements to its own members who are not without their own issues.


??? What are you talking about? Austria IS a Council of Europe member and the European Covenant of Human Rights and Fundamental Freedoms actually trumps the domestic Austrian law, as the European Court of Human Rights is the highest appelate court and issues the final sentences that individual member states cannot overturn. so both council's opinion and its binding documents highly apply in this case.

and re: Larry Sommers...he talked about women's brains being biologically different from men, which was the reason, in his opinion, why women did not do so well in science and academia. not just about low enrollment. he was not forced to step down, though he should have and would have if he was a decent man. that has little to do with freedom of speech. that was just blatant idiocy on his part and has nothing to do with the rest of this thread.
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georgeob1
 
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Reply Tue 21 Feb, 2006 01:43 am
dagmaraka wrote:
georgeob1 wrote:


and re: Larry Sommers...he talked about women's brains being biologically different from men, which was the reason, in his opinion, why women did not do so well in science and academia. not just about low enrollment. he was not forced to step down, though he should have and would have if he was a decent man. that has little to do with freedom of speech. that was just blatant idiocy on his part and has nothing to do with the rest of this thread.


Oh, I see. It is Freedom of Speech except when it involves one of your prejudices.

According to news reports the Board of the Harvard Corporation is now considering whether to continue Sommers in his role at the university. The reasons have to do with the women in science issue and, as well, his revolutionary idea that teachers and professors in the Black Studies program at Harvard should teach and engege in scholarly activities.

My comment regarding the Council of Europe had to do with some of its recent pronouncements about the United States, which is not at all a member of that august group.
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dagmaraka
 
  1  
Reply Tue 21 Feb, 2006 01:50 am
ebrown_p wrote:

I disagree with this for one reason. Freedom of Speech-- even for people you find reprehensible-- does not take away any of your rights. Quite the contrary. When the rights of one group is taken away, it weakens the rights of everyone.

This man was arrested and jailed for "holocaust denial". Denying the Holocaust does not hurt the human rights of anyone. No one is losing their liberty because of what this man says. No one is losing life nor liberty.

Now you will say that this man is deeply offensive (and I will agree with you).

The right to not be offended is not a basic human right. The fact that the Holocaust was unbelievably horrible and still painful makes this that much more offensive. But the fact remains that that you can't keep people from offending you if you want liberty.

Claiming there is a right to not be offended on the same level as the Freedom of Speech is dangerous. The line gets real fuzzy. Atheism, Homosexuality, Judaism, flag burning and opposing war are all deeply offensive to some.

To you Naziism and Holocaust denial are clearly offensive and Miscegination is not-- but do you see the danger? You are setting the precedent that if a belief is deemed deeply offensive by a significant part of society, it can be legally stuffed underground.

Quote:

I don't know what cannot be expressed legally in the States - but again - I don't necessarily think that that is a GOOD thing.


Freedom of speech means that every idea-- good, bad, horrifying controversial or revolutionary can be discussed and accepted or rejected as part of public discourse. In the United States the freedom of speech is very well established-- with exceptions for threats and incitement to violence; but Nazi's and the like are protected along with hippies, anarchists and peace-niks.

I find the Nazi's as vile as you do, but I don't fear their ideas. Let them express it-- and then let me respond. More important is that when I have an ideas that goes against popular opinion, I have the legal right to state my case without worrying about being legally muzzled.


No, i cannot agree, ebrown. To you it may be simply offending, but ask any holocaust survivor in austria or central europe what they think. there still is fear, which is very alive. it is threatening, not just offending. that is a difference. there are still strong antisemitic sentiments and quite often they are acted upon by extremist groups. what may apply in america, that which you are proud of (though even there i wouldn't fully agree), is NOT the case in europe. it is a different environment entirely- not just talking of culture, but as walter pointed out, also of law and legal traditions. WWII is perceived very differently - it is still very much alive there, and for austria especially.

and no, i also cannot agree that unlimited freedom of speech cannot harm anyone. wars are fought over words, people mobilize around words, and it is often idiots that say them.
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dagmaraka
 
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Reply Tue 21 Feb, 2006 01:56 am
my prejudices, georgeob? i did not say women are biologically different and uncapable to compete in science and academia. that was sommers.
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dagmaraka
 
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Reply Tue 21 Feb, 2006 01:57 am
would you care to expand on your comment about Council of Europe's statements re: United States, georgeob? We cannot read your mind just yet, so a link or a quote, or at least an explanation would be appreciated.
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dagmaraka
 
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Reply Tue 21 Feb, 2006 02:01 am
Here are the relevant articles from the ECHR:

"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
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georgeob1
 
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Reply Tue 21 Feb, 2006 03:14 am
dagmaraka wrote:
would you care to expand on your comment about Council of Europe's statements re: United States, georgeob? We cannot read your mind just yet, so a link or a quote, or at least an explanation would be appreciated.


Yesterday's news carried a report of a study and recommendation just released by the Council condemning our treatment of prisoners in Guantanamo and demanding the closure of the facility. Oddly this august group did nothing whatever to even slow down the slaughter in Bosnia and Croatia in the early '90s -- and they are in Europe. They should deal with their own problems before advising us on how to deal with ours.
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Thomas
 
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Reply Tue 21 Feb, 2006 07:22 am
Re: 3 Years for denying Holocaust
phoney wrote:
What happened to free speech.

I think it fell victim to the law of unintended consequences. I'm sure that creating martyrs is the last thing Austria lawmakers intended when they passed that legislation.

ebrown_p wrote:
This makes the European assertion of their right to offend millions with religious cartoons seem awfully hypocritical...

I agree. Our governments would be more credible defenders of free speech if they practiced it more often at home.

dagmaraka wrote:
and re: Larry Sommers...he talked about women's brains being biologically different from men, which was the reason, in his opinion, why women did not do so well in science and academia. not just about low enrollment. he was not forced to step down, though he should have and would have if he was a decent man. that has little to do with freedom of speech. that was just blatant idiocy on his part and has nothing to do with the rest of this thread.

Two points about this: (1) As Rosa Luxemburg once put it, "freedom is always the freedom of the dissenter." In other words, if freedom of speech means anything at all, it means the freedom to say, write, or depict things we despise and abhor. It cannot mean the freedom to express views that we like and agree with anyway.

(2) Summers did not say what you claim he was saying. Here is the complete text of his speech, and here is the passage I suspect you are referring to in some heavily filtered version.

Larry Summers wrote:
So my best guess, to provoke you, of what's behind all of this is that the largest phenomenon, by far, is the general clash between people's legitimate family desires and employers' current desire for high power and high intensity, that in the special case of science and engineering, there are issues of intrinsic aptitude, and particularly of the variability of aptitude, and that those considerations are reinforced by what are in fact lesser factors involving socialization and continuing discrimination. I would like nothing better than to be proved wrong, because I would like nothing better than for these problems to be addressable simply by everybody understanding what they are, and working very hard to address them.

I'm sorry Dag, everything I see in Summers' speech is firmly within his freedom of speech -- European or American.
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dagmaraka
 
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Reply Tue 21 Feb, 2006 08:47 am
i didn't say it isn't, thomas. read again what i said.
i was not in favor of anyone forcing him to go, that however does not mean i still don't think he's an idiot. two different things, thomas. i was on his side, by the way, at the time when many were saying university should make him step down. even though he reacted badly and arrogantly and was incapable of defending himslef with as much as an ounce of dignity. i said he should have stepped down himself, and that's what i still think. not only because of this here speech, but also for a multitude of other reasons.

.."intrinsic aptitude"...thank you very much, that was precisely what i was talking about. now tell me what's the 'heavily filtered' part you're talking about? i didn't claim to quote him directly, i happened to be at the talk at the time, and i wrote what came across there and what was talked about after weeks in every paper, and on every radio. so i don't know what you are sorry about thomas, but everything that i wrote above, stands.
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freedom4free
 
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Reply Tue 21 Feb, 2006 08:59 am
http://www.heraldsun.news.com.au/images/masthead.gif

Quote:
Holocaust outrage by beauty queen
Mark Dunn
22feb06


A FORMER Australian beauty queen has called for the bodies of Holocaust victims to be dug up to see if they really were gassed.

http://www.heraldsun.news.com.au/common/imagedata/0,1658,5112134,00.jpg

Lady Michele Renouf, who was Miss Newcastle 1968 and briefly married to financier Sir Frank Renouf, questioned whether Nazi extermination camps killed six million Jews during World War II.

The socialite divorcee was speaking outside a Vienna court where British historian David Irving was jailed for three years yesterday for denying the Holocaust.

Irving, 67, pleaded guilty after admitting he'd been wrong to doubt the Nazi extermination of millions of Jews.

The charges relate to a lecture he gave 17 years ago in Austria, which was once run by the Nazis.

It is a crime to deny the Holocaust in Austria, the country where Adolf Hitler was born.

Irving was arrested when he returned to Vienna in November.

Outside court, Lady Renouf, 59, ran the risk of being charged herself when she called for the bodies of "so-called Holocaust victims to be exhumed to see whether they died from typhoid or gas".

Dressed in a pinstripe suit with a Union Jack lapel pin, she praised Irving for "standing up to the Zionists".

"I am here to free David Irving and free Austria from this totalitarian law," she said.

Formerly Michele Mainwaring, she acquired her title after a brief 1991 marriage to Sir Frank, who described the union as a "nasty accident".

Sir Frank terminated the marriage after he found out that far from being the "Countess Griaznoff" she claimed, his wife was in fact the daughter of a Central Coast truck driver.

Since then she has become a fixture on the London society circuit and been an outspoken anti-Semite who was kicked out of an exclusive club for her views. She once reportedly called herself the world's "most unsuccessful bimbo".

Jeremy Jones, from the Australia-Israel Jewish Affairs Council, described her comments yesterday as "mindbogglingly stupidity even for a supporter of David Irving".

Irving has been banned from Australia, where he has a Queensland-based daughter, Beatrice.

He will appeal against the jail sentence. with agencies

heraldsun


Wow!, shes beautiful 8)
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Walter Hinteler
 
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Reply Tue 21 Feb, 2006 09:09 am
georgeob1 wrote:
Oddly this august group did nothing whatever to even slow down the slaughter in Bosnia and Croatia in the early '90s -- and they are in Europe. They should deal with their own problems before advising us on how to deal with ours.


Regarding their possibilties, they surely did:

in 1993 for the very first time in it's short history, the head of states of all member states met at a summit in Vienna ... ... ...

Again, it's the COUNCIL OF EUROPE.
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Thomas
 
  1  
Reply Tue 21 Feb, 2006 09:17 am
dagmaraka wrote:
i didn't say it isn't, thomas. read again what i said.

I did, and on reading it again I noticed I had misunderstood your phrase "that has little to do with freedom of speech." Sorry.

On the point about "heavily filtered": (1) Summers did not speculate on the biological wiring of female brains. I don't have the citation ready to hand, but I think his point about "intrinsic aptitude, and particularly of the variability of aptitude," derived from a distribution of SAT scores that shows girls score better in math tests on average, but they account for fewer extremely bad and extremely good scores. Harvard's science and engineering faculties don't recruit average high school graduates, but specifically those extremely good statistical outliers. So, he was speculating on data, concluded that there were inner variables that caused this data, and did not speculate what those internal variables might be. Thus the claim about "women's brains being biologically different from men" was made up by Summers' opponents. It wasn't his claim.

(2) He didn't say he thinks this is the reason why women did not do so well in science and academia. He said it was his best guess, he explicitly stated it with an intention to provoke, and the part about "intrinsic aptitude" was one among many.

Thus, your account is not a random variation of what Summers said. It systematically spins his speech in the direction of the sensational and misogynic. I see nothing in this speech that would disqualify him as an idiot. But since he wanted to provoke, he should probably have chosen a forum on which people could talk back immediately.
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Steve 41oo
 
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Reply Tue 21 Feb, 2006 09:21 am
"Formerly Michele Mainwaring, she acquired her title after a brief 1991 marriage to Sir Frank, who described the union as a "nasty accident". " Smile
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Thomas
 
  1  
Reply Tue 21 Feb, 2006 10:14 am
Thomas wrote:
But since he wanted to provoke, he should probably have chosen a forum on which people could talk back immediately.

... I meant, on which more people could talk back immediately. Some could talk back that day, and they did.
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