The War on Free Expression, por Flemming Rose (Cato Institute, 2015):
In my research, I looked into what actually happened in the Weimar Republic and found that, contrary to what most people think, Germany did have hate‐speech laws that were applied quite frequently. The assertion that Nazi propaganda played a significant role in mobilizing anti‐Jewish sentiment is irrefutable. But to claim that the Holocaust could have been prevented if only anti‐Semitic speech had been banned has little basis in reality. Leading Nazis, including Joseph Goebbels, Theodor Fritsch, and Julius Streicher, were all prosecuted for anti‐Semitic speech. And rather than deterring them, the many court cases served as effective pubicrelations machinery for the Nazis, affording them a level of attention that they never would have received in a climate of a free and open debate.
In the decade from 1923 to 1933, the Nazi propaganda magazine Der Stürmer — of which Streicher was the executive publisher — was confiscated or had its editors taken to court no fewer than 36 times. The more charges Streicher faced, the more the admiration of his supporters grew. In fact, the courts became an important platform for Streicher’s campaign against the Jews.
Alan Borovoy, general counsel of the Canadian Civil Liberties Foundation, points out that cases were regularly brought against individuals on account of anti‐Semitic speech in the years leading up to Hitler’s takeover of power in 1933. “Remarkably, pre‐Hitler Germany had laws very much like the Canadian anti‐hate law,” he writes. “Moreover, those laws were enforced with some vigour. During the 15 years before Hitler came to power, there were more than 200 prosecutions based on anti‐Semitic speech… As subsequent history so painfully testifies, this type of legislation proved ineffectual on the one occasion when there was a real argument for it.”
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