What aims, associations and activiities?Brian Peacock wrote:The context of his expressed views of many years, his political aims, associations, and his activities - basically, his history within the social setting in which he operates. What I'm essentially saying is that you can't simply assess his words as if they've suddenly sprung into existence, unbidden and without preamble, and then seek some absolute formula to determine the rectitude of his utterances.Forty Two wrote:What's the context that I've missed?Brian Peacock wrote: The context of his outpourings cannot be so easily divested from their semantic structure I fear. He has a right to express his views, of course that goes without sating, but he also has to be held to account for both the content and context of any such communication.
Are we really to have a law which allows a person with certain aims, associations and activities to say X, but another person with different aims, associations and activities cannot say the same thing because of that different context? So, if a person who traditionally was in favor of very minority friendly programs, was generally pro-immigration and associated only with the best people was to say that due to economic issues in the Netherlands we need to organize fewer Moroccans in the Netherlands, then that wouldn't be hate speech?
Well, if a person cannot know in advance the "rectitude of one's utterances" then isn't that a recipe for the arbitrary application of law? Certainly Wilders doesn't think he's committing hate speech. He thinks he's just calling for the preservation of traditional Dutch culture and the reduction in immigration from different countries. He says he's not out to hate anyone or incite hatred or insult anyone. So, he has to assess, prior to speaking, whether his words will later be "taken in context of his aims, associations and activities" and declared that, in his case, but not necessarily other people's cases, he can't say X, Y and Z, but other people might be able to?
I haven't cited any exceptionalism at all. Where in the world did I do that? And, I did not cite a double standard. I explained a significant downside to having hate speech laws.Brian Peacock wrote:You're fond of citing some kind of declared exceptionalism as a justification for the charge of a double standard, but the question remains, is racism, and all that it entails, acceptable in the context of the times in which we live? If not, then perhaps we should seek to limit it's influence. If, on the other hand, one thinks it is acceptable then you're probably a racist.Also, how ought he be held to account? Fine? Imprisonment? Or, by public condemnation in the free marketplace of ideas? The last one is a way to hold people accountable, which is not censorious. Saying "the context of your political opinion is such that I think your opinion is hateful, so you're to be fined by the state and given a criminal records to hold you "accountable" after the fact..." is censorious.
A law like that has a tremendous "chilling effect" on public expression. People must not only conform with a clear proscription which is easy to follow, but they must be sure that they are not pushing into the field of gray area where reasonable minds may differ, for fear that one's opinion breaches the very wide, very grey line. It causes people to hold back in order to not take a risk. If a person has a 10% chance of being prosecuted, that is enough for a lot of people to say "I better just keep my trap shut."
it tends to politicize speech, too, and then if you factor in the growing acceptance of the notion that white people like Wilders can commit hate speech, but that the same kind of words coming from a Moroccan can't be hate speech, because the Moroccans are a margilnalized, oppressed group, and you've got a recipe for unequal application of a politically charged law.... if anything will stoke the flames of hateful ideas, that kind of thing will. Tell a group of people they're not allowed to voice their opinion, and you have just reaffirmed to those people that their opinion must be valid, otherwise "they" wouldn't need to silence it....
Racism must be "acceptable," because racism is an idea. Ideas are thoughts in people's heads. And, if there is one place the government has no business it's in the thoughts in people's heads. If a person wants to think about pedophilic actions, racist actions, murder, theft, beating up their teacher - whatever - those thoughts are not criminal. If a person wants to advocate for the propriety of these criminal actions or preach/say that these actions are good and proper, then that too is not criminal.
Like, there is a group called NAMBLA, and it advocates sexual relationships between grown men and young boys. A more reprehensible group advocating more criminal behavior is hard to find. But, they don't cross the line into criminality until they take steps to commit an actual crime. Talking about crime, talking about how much one likes crime, and talking about how a particular crime should be legal, is not criminal.
If it were, how would people advocate for drug legalization? There are people who shout from the rooftops the merits of marijuana, cocaine, LSD and other recreational drugs. People who oppose those drug advocates often cite the damage supposedly done by drugs and to addicts/users, etc., but the ideas - pro drug -- pro drug use - pro drug legalization - these ideas are legal.
Take the Nazi party. In the US, the Nazis can organize, hold meetings, talk about their Nazi ideas, talk about how great it would be if there were no mongrel races and such around - that kind of thing They can even march down mainstreet like any other group, such as the GLAAD group, the Black Panthers, etc. -- they all have the same right to sing songs and carry signs -- people speaking their minds.
that's the idea I'm trying to bring home. Sure, racism is "acceptable" in general, just like homosexuality is today, and just like female superiority or whatever. It doesn't mean everybody or even most people in the culture will agree that it's right or acceptable, or allow that talk in their homes and businesses. Of course not. But, it means these ideas are just as legal as any other idea. Where the line should be drawn is where the idea crosses into action. Where a person, say, discriminates against a person based on their race. That's not just racism - that's doing something. It's the difference between thinking about punching someone and taking a swing at them.