"[A]n increasing number of European intellectuals, politicians, journalists, and even scholars have had uncomfortable and expensive brushes with speech laws."
"It may be no coincidence that Socialist and extreme-left parties have played central roles in the design of speech laws. The crafter of France's 1990 Gayssot law, for example, was Jean-Claude Gayssot, a longtime Communist party officeholder."
The long and growing list of things you can't legally say.
By Gerard Alexander
ON FEBRUARY 20, AN Austrian court sentenced the notorious British writer David Irving to three years in prison for denying in a 1989 speech that Auschwitz contained gas chambers. Many American observers had mixed reactions. They saw Irving as a loathsome anti-Semite but were uncomfortable with the thought of a person serving time behind bars for something he wrote or said, no matter how noxious. Journalist Michael Barone probably spoke for more than a few when he said that he "shuddered" at the news of Irving's imprisonment, "yet I can understand why Austria, like Germany, has laws that criminalize Holocaust denial and glorification of Nazism. History has its claims--heavy ones, in the cases of Germany and Austria." In other words, criminalizing speech might not be the American way of doing business, but it's understandably Austria and Germany's way of dealing with their unique Nazi past.
The trouble is that Austria's anti-Nazi legislation is the tip of an iceberg of political speech laws across Europe. Of course, all governments restrict some speech. But free expression is so foundational to democracy that there is usually a strong bias against restricting speech unless it poses a compelling and even imminent danger to others. The most pervasive and durable restrictions meet that test, applying to things like child pornography, false statements that result in demonstrable harm (defamation), the exposure of national security information, commercial fraud, and the proverbial shouting of "Fire!" in a crowded theater.
In addition, European countries have never had America's strong free-speech tradition. Nevertheless, three disturbing trends now underway in Europe together represent the greatest erosion of democratic practice in the world's advanced democracies since 1945. First, anti-Nazi laws are being adopted in places where neo-Nazism poses no serious threat. Second, speech laws have been dramatically expanded to sanction speech that "incites hatred" against groups based on their religion, race, ethnicity, or several other characteristics. Third, these incitement laws are being interpreted so loosely that they chill not just extremist views but mainstream ones too. The result is a serious distortion and impoverishment of political debate.
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"In economic life there is extreme inequality and exploitation. Although colonialism no longer exists openly in the political and economic sphere, still it persists indirectly, and this should not be tolerated... In this respect you should remember that in economic life, we will have to guarantee the minimum requirements of life to one and all... There cannot be any sort of adjustment as far as this point is concerned. The minimum purchasing requirement must be guaranteed to all. Today these fundamental essentialities are not being guaranteed. Rather, people are being guided by deceptive economic ideas like outdated Marxism, which has proven ineffective in practical life and has not been successfully implemented in any corner of the world. Why do people still believe in such a theory, which has never been proved successful? The time has come for people to make a proper assessment of whether they are being misguided or not." |
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"Human beings have still not been able to form a human society, and have still not learned to move with the spirit of a pilgrim. Although many small groups, motivated by self-interest, work together in particular situations, not even a small fraction of their work is done with a broader social motive. By strict definition, shall we have to declare that each small family unit is a society in itself? If going ahead in mutual adjustment only out of narrow self-interest or momentary self-seeking is called society, then in such a society, no provision can be made for the disabled, the diseased or the helpless, because in most cases nobody can benefit from them in any way... in that case there always remains the possibility of some people getting isolated from the collective. All human beings must attach themselves to others by the common bond of love and march forward hand in hand; then only will I proclaim it a society." |