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| quote: | Originally posted by Dervish
Well with a 100% detection and capture rate for verbal and physical abuse and no associated reprecussions for the victim that might be ok. But that doesn't happen. Grass on some ned for calling you a "paki" today and your house will be burned down tommorrow(obviously an extreme case). |
Ok so you say that because the law is incapable of punishing and preventing violent acts with a 100% success rate, therefore just to be safe, you need to pass additional laws that curb and limit free speech? Well why stop there, you can pass a whole slew of laws "just to be safe". Why not increase the powers of MI5 10 fold such that they have looser restrictions in apprehending criminals and potential terrorists? They can monitor internet communications, phone lines with unlimited indescretion ... after all it would certainly do wonders in attaining that 100% detection and capture rate now wouldn't it (obviously an extreme case)?
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Where do these junior ned racists get their pardgim from? People like the BNP leader. Peope who incite hate.
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Yes and the reason why there's so much crime in the US is because we don't have enough prisons and we aren't harsh enough on criminals ... I've heard that one before.
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I know it is on one level restricting what you say. But on another level it isn't, it's restricting your right to incite people to hate people based upon race.
For example there is incomming religious hate laws, heres an artide on it.
Former Home Secretary David Blunket
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Yes I read the entire article and the primary justification for the anti-religious hate laws seems to be the anti-racial hate law. A law I disagree with on the same principal. It says that there are plenty of safeties in place and blah blah blah, but I didn't see such safeties in place when I first criticized the law and referenced this incident:
http://www.telegraph.co.uk/news/mai.../20/npage20.xml
It's not like the US recklessly adopted absolute free speech without a thorough discussion. I believe the final affirmation of indivisible free speech occurred in Terminiello v. Chicago where a de-frocked priest was arrested for delivering a vitriolic speech in which he criticized various political and racial groups and viciously condemned the protesting crowd that had gathered outside the auditorium. This resulted in several disturbances by the crowd and the police arrested Terminiello for "breach of the peace". The Supreme Court held that the "breach of the peace" ordinance unconstitutionally infringed upon the freedom of speech. I rather liked the opinion it penned:
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The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365 , 260, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes.
Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, 315 U.S. at pages 571-572, 62 S.Ct. at page 769, is nevertheless protected against censorship or punishment, unless shown likely to roduce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. See Bridges v. California, 314 U.S. 252, 262 , 193, 159 A.L.R. 1346; Craig v. Harney, 331 U.S. 367, 373 , 1253. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas [337 U.S. 1 , 5] either by legislatures, courts, or dominant political or community groups.
The ordinance as construed by the trial court seriously invaded this province. It permitted conviction of petitioner if his speech stirred people to anger, invited public dispute, or brought about a condition of unrest. A conviction resting on any of those grounds may not stand.
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By the way, many of the articles I read in support of the racial/religious hate laws all express outrage at how the BNP is gaining representation in government. As such these laws are warranted to limit their gains. Isn't that well ... slightly undemocratic?
| quote: | Originally posted by Zig
This conversation gets more and more interesting ..and as it goes on even more so..pseudo intellectualism and points of law seem to be the running order of the debate on this thread..and imo after nearly 70 posts it really hasnt gotten beyond that..common sense will prevail at the end of the day..and thats the only way this thread will ever end..
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Do your courts operate under a system of "common sense"? If the police engage in an unlawful search or put unlawful phone taps in order to capture a known criminal who they couldn't convict otherwise, does your court system give the prosecutor and the police a *wink* *wink* and let it slide because common sense dictates that you would be stupid to let an individual who is so obviously guilty free? All those silly rules that let criminals slide because of "minor technicalities", don't you just wish the justice system would practice common sense? I mean, because obviously the government, the police, and the court system are shining purveyors of common sense that eliminates the need for technical rule of law.
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Retro ...
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