It breaks my heart to see what is happening throughout Europe. I understand needing to avoid fascism taking over, but the answer isn't running back to communist thought police to avoid fascism.
Germans used to have honest and open dialogue and they were not easily offended. In many ways, Germans were like eastern Europeans/Balkans in being open with communication and being blunt with how they speak and address other people. Now? That open nature or that honesty in discussion is no more because the fear of police breathing down your neck.
At least the French still hold onto open communication in their society. Italy, Hungary, Czech, Polish, Greece, Bulgaria, Serb, etc still hold onto open dialogue as well.
Considering Germany seems to actually treat Nazi's like criminals and terrorist as they should be, I say yes, if you accuse someone of being a Nazi whether it's just some flippant remark in Germany, yes you should be sued.
In fact if they did the same here it would be great, because no I don't think ones freedom of speech, extends to saying things while perceived to be harmless actually do real damage to the person targeted.
Milli Vanilli, Bigger than Elvis
It's like you literally keep deliberately avoiding the truth. It does if you use the right curse words. That is literally what the Chaplinsky V. New Hampshire case was about. Someone mouthed off to a cop, and got his ass arrested. When he tried to contest it in court, he found out that the Constitution actually does NOT protect certain kinds of speach, and the freaking Supreme Court slapped him down with a 9-0 against.
As part of the Findings, Justice Frank Murphy wrote:
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Cussing a cop out (or actually anyone lawfully in a public location), is, infact, legal grounds for that person to sue your ass, unless you can prove that you were attempting to convey some kind of idea of societal worth (good luck with that). Infact, the only reason I am not surprised that more people don't sue over it, is because Americans seem to put a higher value on the ability to mouth off and be a general asshat under the pretense of "free speech" then they do over moral decency.
So yes, despite what you want to imagine, if you told a cop to go fuck himself, he would be well within his rights to arrest you PURELY FOR THAT, and the court would most likely find in his favour. The only reason most of them don't is probably because the paperwork for processing your dumb ass is likely far more of a hassle then the satisfaction of throwing you in a cell would be worth.
Last edited by Surfd; 2018-01-28 at 11:59 AM.
If someone went to Germany just to be an ass, then I don't even know what to say.
Sounds like she got what she came for though, so I imagine all parties are content.
Calls German police 'Nazis' and gets punished by them in a Nazi-esque manner. That's hilarious. What's she crying about? She called them Nazis and they did something silly like Nazis are wont to do. Listen to her tears now...oh, I was just CALLING them Nazis but I didn't expect them to actually BE Nazis about shit. Good giggles had by everyone at this uppity tard's expense.
Paladin Bash has spoken.
If only we could rally all these people that are now not a-okay with people, throwing the Nazi-bombs everywhere, to be on the same page to the rest of the world and not only to the glorious Fatherland
Oh, her troubles have only started. Just wait until she gets back to the states only to find out she's been banned from Overwatch :P j/k
She really should watch her mouth. Hopefully, she'll just get stuck with paying a massive fine and not actually stuck in jail for a long time.
you mean to tell me that in other Countries people are now being held accountable and responsible for their actions?! Im glad that madness hasnt made its way to Merica yet
if you believe getting a slap on the wrist in the form of a small fine for calling someone fucking bastards and xxxx nazi (don't remember exactly what it was) while being obstructive during an airport security check , while breaking actual constitutional german law , not some "oh i don't like your face, gonna make something up" shit is what nazis would have done then this explains why a lot of people believe everyone is a nazi
Are morons still crying MAH FREEDOM OF SPEECH ?
As soon as you specify any group of identificable individuals then you aren't directing it at the collective anymore, but at a subgroup.
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Not really.
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Oh that one is simple, it is slander if it is stated like a fact (instead of like an opinion) and derides the target without having a resonable basis for the claim.
Germany has "Freedom to express your opinion", so if you say "I think you are a Nazi" that one is not a fact, but an opinion, and thus perfectly legal (might still come with consequences, though, just not legal consequences).
to add to the "i think you are a nazi" bit, context is very important for things like this, "i think you are a nazi" may be stretching it, but let's say "i would call you a motherfucker but..." would still count as slander, because it is clearly meant with the intent to convey just that, calling you a motherfucker. on the other hand Saying "hey, i AM allowed to say i think you did a shitty job there, now if i implied you where a goatfucker that would be a different story..." then context would matter a lot, where you just trying to explain a difference ? or where your words chosen with the intent to hurt someones dignity.
yeah, obviously...not
i lived my whole life in germany, and we are quite tolerant, especially to obnoxious americans...
But if you push to far and especially saying anything regarding the nazi history of germany, your ass is ours.
But hey, people can wave the swastika in america, thats freedom!