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The Velveteen Ocelot

(115,573 posts)
28. This situation raises some really difficult questions.
Wed Aug 16, 2017, 12:29 AM
Aug 2017

In general I have always been pretty much a First Amendment absolutist - but after the events of the weekend I'm beginning to think one could argue that displays of Nazi and related symbols are so inherently inciteful that they don't deserve free speech protection, at least when used in connection with rallies and demonstrations. I know Brandenburg v. Ohio and other Supreme Court cases hold that for expression to be suppressed there must be an immediate threat of violence or incitement to violence; and there's also the argument that suppressing one kind of symbol or speech makes it too easy to justify suppressing other kinds of symbols or speech - but maybe, in this unique case, the Germans have it right. They learned the hard way, and maybe we don't want to learn the same lesson the same way they did. If a symbol has no other purpose than to encourage or incite hate and violence, should it be afforded First Amendment protection at all?

Very nice 10,000th leftstreet Aug 2017 #1
What happened bdamomma Aug 2017 #2
I agree with you. Maven Aug 2017 #3
I expressed this same sentiment here the other day stopbush Aug 2017 #4
i get huffy bora13 Aug 2017 #23
I agree -- it is AT BEST incitement obamanut2012 Aug 2017 #5
A brief lecture on the First Amendment Jim Lane Aug 2017 #7
I read not one word of that -- I neither want nor need your lecture obamanut2012 Aug 2017 #8
Uh, just whom do you think I was patronizing? Jim Lane Aug 2017 #10
+1 onenote Aug 2017 #11
I'm not completely satisfied that this is truly a settled question. Stonepounder Aug 2017 #17
You're right that it's not fully settled. There are always gray areas. Jim Lane Aug 2017 #34
I read it. Chellee Aug 2017 #22
Well I am over the first amendment then. Tumbulu Aug 2017 #24
Let me suggest a broader view of the history of the First Amendment. Jim Lane Aug 2017 #35
It really does not matter what I think about it Tumbulu Aug 2017 #37
I agree with you leanforward Aug 2017 #6
Excellent 10,000 Post burrowowl Aug 2017 #9
Great post. Thanks for the info. oasis Aug 2017 #12
When Hitler said "we lost the war; but shall win the peace," sandensea Aug 2017 #13
Please provide a source for that quote. n/t PoliticAverse Aug 2017 #27
I am Germany right now... a la izquierda Aug 2017 #14
And we are equally puzzled, but witnessing a phenomenon: lambchopp59 Aug 2017 #30
It seems to me that is has been going on for three decades Tumbulu Aug 2017 #38
Congrats and thank you for your 10,000th post! smirkymonkey Aug 2017 #15
Here is the problem with that approach marylandblue Aug 2017 #16
Section 86a does not ban specific symbols outright Lithos Aug 2017 #19
And yet far right white nationalist parties have more electoral success Germany than in the US funflower Aug 2017 #18
That's because we don't have a 2-party system in Germany Ezior Aug 2017 #36
Bless you and your family, and congrats on 10,000th post SWBTATTReg Aug 2017 #20
K&R... spanone Aug 2017 #21
I've long argued that this country needs a serious discussion about destructive propaganda Oak2004 Aug 2017 #25
Agree! Thanks for posting ! Tumbulu Aug 2017 #40
"I believe the US Congress should pass a law that bans these symbols and salutes from being used" PoliticAverse Aug 2017 #26
This situation raises some really difficult questions. The Velveteen Ocelot Aug 2017 #28
Agree! Tumbulu Aug 2017 #41
I sure agree with you about how very fast things in this country have gotten worse. PatrickforO Aug 2017 #29
WHISIS lambchopp59 Aug 2017 #31
There is a legal maxim: marybourg Aug 2017 #32
We can pass laws all day long Phoenix61 Aug 2017 #33
Thank you for making this your 10,000th post. MineralMan Aug 2017 #39
Latest Discussions»General Discussion»Strafgesetzbuch Section 8...»Reply #28