Correct me if I'm wrong, but free speech is curtailed when the speech is immediately harmful (inciting a riot, shouting "fire").
That isn't a viewpoint restriction.
Speech would also seem to be restricted by certain hate crimes legislation, which is widespread
Like I said, not in US free speech jurisprudence.
I imagine jurisprudence in European states is different from ours. I won't take the viewpoint that our definitions are superior or inferior.
Our free speech jurisprudence sure is. We actually realize that censoring speech of minority or hated political parties is exactly why the case was made for free speech, since democracy was a belief of the minority, or those not in power.
The rationale behind banning Nazist espressions is that it is not just unpopular, but manifestly dangerous.
Which I'd call bull**** on. Bush can say that expressions of support for Al Queda are 'manifestly dangerous' but that doesn't make it so (even if a majority of Americans may agree).
Many European nations have laws against Nazism and Holocaust denial, and I don't see them having a crisis of ever more limited free speech. On the contrary, the current debacle is about Denmark having "too much" free speech, that is, the freedom to caricature Mohammed. 50 years or so of no evident "slipperyness" make your concerns apparently invalid.
The precedent is set. What do you think will happen when more Muslims move into a state like France or Germany, which have strong restrictions of speech, and have political power? What do you think will happen with speech that is offensive to Muslims?
People also have a right not to be brutalized, terrorized, and murdered - a right which, evidently, Europeans think would be jeapordized by a Nazi resurgence.
Or for the parties in power to consolidate their own political power?
Furthermore, Austria had a far right party in power (Haider's party) and I don't recall any brutalization, terrorism, or murders, even though the European PR machine was in full force.
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