3 ms·

I was under the impression that Germany bans Nazi symbols (with some exceptions for education/art). [1] In comparison, Nazi symbols are protected hate speech i

by Brybry 3y ago

I was under the impression that Germany bans Nazi symbols (with some exceptions for education/art). [1] In comparison, Nazi symbols are protected hate speech in the US. [2] The US has tried to ban political parties in the past but eventually courts find that sort of thing unconstitutional. [3] [1] https://en.wikipedia.org/wiki/Strafgesetzbuch_section_86a https://en.wikipedia.org/wiki/Strafgesetzbuch_section_86a [2] https://en.wikipedia.org/wiki/Bans_on_Nazi_symbols#United_States https://en.wikipedia.org/wiki/Bans_on_Nazi_symbols#United_St... [3] https://en.wikipedia.org/wiki/Communist_Control_Act_of_1954 https://en.wikipedia.org/wiki/Communist_Control_Act_of_1954

weinzierl 3y ago
In Germany Nazi symbols are strictly banned but you are allowed to name soldiers killers. My hunch is that calling a veteran or active member of the armed forces of the US a killer would not go so well and might very well end in a slander suit. When you free speech is restricted still seems pretty arbitrary to me [shrug].
- monocasa 3y ago
  You can call US service members killers all you want. In fact "baby killer" is a relatively common refrain during protests aimed at the military. Maybe in the UK with their asinine slander laws you'd have to be more quiet but that's pretty clearly first amendment protected territory in the US.
  - janalsncm 3y ago
    SLAPP suits are a thing in the US. You might not go to prison for your speech but that doesn’t mean you can do it.
    - monocasa 3y ago
      SLAPP suits come from massive sources of capital which have enough counsel either on retainer or simply have enough money that they don't miss ~$50k on a whim to get back at someone who they think besmirched them that one time. That doesn't really apply to US service members.
    - habinero 3y ago
      SLAPP suits are filed by the defendant, ie the person who said the thing. They're a response to being sued. If a lawsuit is clearly bogus, you can get it thrown out extremely quickly and the other side usually has to pay your attorneys. Not all states have them and not all states that have them, have good ones. https://anti-slapp.org/your-states-free-speech-protection https://anti-slapp.org/your-states-free-speech-protection
      - janalsncm 3y ago
        > Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Anti-SLAPP suits are filed by the person who said the thing. And yes some states have good anti-slapp protections but that means the rest of Americans don’t enjoy that freedom.
- microtherion 3y ago
  You could get sued, but you would almost certainly win, as evidenced by the Westboro Baptist Church who won a Supreme Court case after being sued for witnessing their Christian faith with messages like "Thank God for Dead Soldiers" and "You Are Going to Hell" at a soldier's funeral: https://en.wikipedia.org/wiki/Snyder_v._Phelps https://en.wikipedia.org/wiki/Snyder_v._Phelps

by Brybry 3y ago

weinzierl 3y ago

In Germany Nazi symbols are strictly banned but you are allowed to name soldiers killers. My hunch is that calling a veteran or active member of the armed forces of the US a killer would not go so well and might very well end in a slander suit. When you free speech is restricted still seems pretty arbitrary to me [shrug].

monocasa 3y ago
You can call US service members killers all you want. In fact "baby killer" is a relatively common refrain during protests aimed at the military. Maybe in the UK with their asinine slander laws you'd have to be more quiet but that's pretty clearly first amendment protected territory in the US.
- janalsncm 3y ago
  SLAPP suits are a thing in the US. You might not go to prison for your speech but that doesn’t mean you can do it.
  - monocasa 3y ago
    SLAPP suits come from massive sources of capital which have enough counsel either on retainer or simply have enough money that they don't miss ~$50k on a whim to get back at someone who they think besmirched them that one time. That doesn't really apply to US service members.
  - habinero 3y ago
    SLAPP suits are filed by the defendant, ie the person who said the thing. They're a response to being sued. If a lawsuit is clearly bogus, you can get it thrown out extremely quickly and the other side usually has to pay your attorneys. Not all states have them and not all states that have them, have good ones. https://anti-slapp.org/your-states-free-speech-protection https://anti-slapp.org/your-states-free-speech-protection
    - janalsncm 3y ago
      > Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Anti-SLAPP suits are filed by the person who said the thing. And yes some states have good anti-slapp protections but that means the rest of Americans don’t enjoy that freedom.
microtherion 3y ago
You could get sued, but you would almost certainly win, as evidenced by the Westboro Baptist Church who won a Supreme Court case after being sued for witnessing their Christian faith with messages like "Thank God for Dead Soldiers" and "You Are Going to Hell" at a soldier's funeral: https://en.wikipedia.org/wiki/Snyder_v._Phelps https://en.wikipedia.org/wiki/Snyder_v._Phelps