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> thinking of how fascism grew in Germany before WWII

Well you're thinking wrong.

1930s Germany actually had hate speech laws.

Didn't help.



Fascinating document on this, linked by the FIRE group themselves:

https://www.bjpa.org/content/upload/bjpa/4_an/4_Anti-Semitis...

Turns out they didn't have hate speech laws:

> In its application to statements about groups, the German law of insult had a development very similar to the Anglo-American law of libel.1 The Supreme Court had decided at an early date that statements about a class of people were punishable only if it could clearly be established that they were directed against definite individuals. An insulting remark about "Jews generally" was not considered within the statute. This view was reaffirmed in 1931 in a case in which a general attack on the Jews was held to be "not directed in a sufficiently recognizable manner against individual Jews." Similarly, an attack against the "German Jews" was held not to be suffi- ciently restricted, although in a few instances persons were convicted for insulting the Jewish inhabitants of small communities

Even known extremists, posting lies about people who were targetted for being Jewish, were let off, where the same lie about any random person could have led to a year in prison:

> In one of several cases against Julius Streicher, the editor of the Nazi newspaper, Der Stürmer, a fine of 400 marks (then less than $100) was levied for an article which stated that a Jewish attorney, Dr. Wassertriidinger of Nuremberg, had committed perjury. The opinion of the court was that in spite of the seri- ousness of the libel and of a prior conviction of Streicher, no prison sentence be inflicted because "the defendant is a fanatic whose statements cannot be taken too seriously." Similar tenderness in meting out punishment was frequently explained by the characterization of the defendants as zealots.

> Furthermore, the immunity of the members of the Reichstag often protected Nazi depu- ties against criminal prosecution. Those deputies became the so-called re- sponsible editors of many newspapers—frequently one deputy was the editor of several newspapers—and thus made criminal prosecution for many libelous publications impossible. Although the Reichstag could waive the immunity of its members, it did so infrequently and then only after long delays.

So it looks like we tried not censoring them, and suprisingly, it didn't work.




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