Summary
Australia has enacted strict anti-hate crime laws, mandating jail sentences for public Nazi salutes and other hate-related offenses.
Punishments range from 12 months for lesser crimes to six years for terrorism-related hate offenses.
The legislation follows a rise in antisemitic attacks, including synagogue vandalism and a foiled bombing plot targeting Jewish Australians.
The law builds on state-level bans, with prior convictions for individuals performing Nazi salutes in public spaces, including at sporting events and courthouses.
I don’t think this behavior should be socially tolerated; however, I don’t think it’s a good idea to police it through the use of governmental force.
well put. i still thoroughly disagree with you, mind, but this comment clicked my understanding of this argument.
Would you mind outlining why?
because giving them wiggle room in the law will only allow for them to destroy that legal protection for everyone else. thats literally what they advocate for.
Oh it absolutely is.
If you don’t think it should be socially tolerated, then great, regulations are how we enforce social tolerance in a manner that isn’t just “I don’t like you, please stop, but also I won’t do anything to you if you keep doing it.”
Furthermore, and this is something you’ll probably see brought up a lot when using that talking point, there is a paradox of tolerance that cannot be avoided when it comes to issues like Nazism. Nazi rhetoric is inherently discriminatory and intolerant. If you allow it to flourish, it kills off all other forms of tolerance until only itself is left. If you don’t tolerate Nazi rhetoric, it doesn’t come to fruition and destroy other forms of tolerance.
Any ideology that actively preaches intolerance towards non-intolerant groups must not be tolerated, otherwise tolerance elsewhere is destroyed.
(This mini comic explains the paradox well, as well.)
I would like to clarify that I am not advocating for tolerance. It’s quite the contrary. I am advocating for very vocal intolerance of these groups and their behaviors. It is simply my belief that governmental force is not a necessary means to this end, not to mention that it is incompatible with the ideas of liberalism [1], which I personally espouse.
References
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You can’t out-auth a fascist without becoming a fascist.
If you’re going to do something like jail subversive elements, you best make sure you can’t be considered a subversive element yourself.
Saying we shouldn’t police those behaviors is actively stating that you want to tolerate them, just via legal means rather than solely social ones. You say you don’t want to tolerate them socially, but when it comes to any actual legal intervention, suddenly, they should be tolerated. If saying they shouldn’t be stopped using the force of law isn’t tolerating the behavior more than saying we should stop them using the force of law, then I don’t know what is.
Then you should reconsider your ideology. If your ideology allows Nazis to face no legal consequences for being Nazis, while you simultaneously state that you don’t believe they should be tolerated, then you hold mutually contradictory views.
If you don’t think their views should be tolerated, you should support actions that prevent their views from being held and spread. If you don’t do that, then you inherently are tolerating them to an extent.
This is a loaded statement — it depends on what you mean by “being Nazis”.
Generally speaking, espousing/engaging in the support of many harmful beliefs traditionally held by Nazis, and generally fascists more broadly since Nazism is just a branch of fascism, such as:
Practically speaking, I think it would probably make the most sense to judge whether somebody is a “Nazi” legally, by requiring at least a few of these tenets to be met before any trial could take place to prevent false imprisonment and the like, but as these views are objectively harmful to society, I don’t believe they should be allowed to flourish, full stop.
If you don’t support imprisoning people who hold these views that directly lead to the death of many innocent people, the taking over of people’s land/homes, the destruction of democratic systems, and the elimination of entire races of people from populations, then you are inherently tolerating their beliefs.
To me, it feels like you are conflating some things here: I draw a distinction between how I try to conduct myself (and, by extension, how I think society should conduct itself), and how I think a government should conduct itself. Any common overlap, while it may theoretically draw from the same core personal beliefs, is more of a coincidence in practice, imo. Yes, I think that society should not socially tolerate any of these behaviors, and I think that society should take an active position to socially oppose them; but I don’t believe that a government should take action unless the well-being of an individual is actively under threat.
I could be wrong in my interpretation, but all of your examples seem to simply a be a difference of opinion (no matter how abhorrent and unpalatable an opinion may be). I don’t believe that one should be legally punished for a difference of opinion. The only one that may have some legal ground, in my opinion, as I currently understand your examples, is
but that would depend on how you are defining “support”.
I do the same thing. I don’t apply every possible way I conduct myself to how I think the government should regulate people’s actions, but when it comes to Nazism, I specifically believe the government should intervene, not because I personally wouldn’t do what they’re doing, but because their actions are observably, categorically harmful to society.
So you think society should oppose them, but when an institution to represent the will of society has the power to oppose them, you now no longer believe it’s justified to oppose them. You’re contradicting yourself.
Any furtherance of a Nazi agenda puts every individual in a free society under threat by its very nature. If you allow a Nazi to spread their rhetoric, you increase the likelihood of an actual fascist regime happening that harms millions, if not billions.
We fine people for speeding all the time even if they don’t kill someone in a car crash, because we know that if more people are speeding, the likelihood of a car crash will increase, and that is obviously undesirable if your goal is to preserve human life.
We should do everything we can to prevent Nazis from gaining any power, whether through political office or social relevance, because we know that when they are allowed to do so, the likelihood of a fascist regime existing that is harmful to the preservation of human life grows.
My opinion is that we should nuke X country and kill all of its citizens. I will spread this message, attempt to gain support for it, and hopefully get to a point where a member of the movement can gain political power that allows them to launch those nukes. Should I be allowed to do so, or should I only be stopped once I’ve already gained the power to launch those nukes, and have my finger over the button? After all, it’s just a difference of opinion.
Opinions can be harmful, not just because they can cause legitimate mental harm to those in the immediate vicinity on the receiving end of that rhetoric, but also because they can lead to harmful outcomes, that would otherwise not exist had the opinion not been allowed to spread.
If you support censoring/imprisoning those who hold that belief, then you support doing so to Nazis. If you don’t support doing so to Nazis, then you don’t know what Nazis do, or stand for.
This is yet another example of you holding contradictory views, where in one case you’re okay with the thing being stopped, but the moment someone with the “Nazi” label does those same things, you begin to drop your support for actually doing anything meaningful to prevent the ideology from spreading.
What you want is the government to enforce what you think the standards should be.
What you will get is the government enforcing what the government thinks the standards should be.
I disagree with the fundamental premise of your argument, and I cite the results of the last election is the foundation of my own.
This argument boils down to “You want the government to do a good thing, but bad people can abuse the government to do the opposite.” Sure, that happens sometimes.
But following your logic, I guess all laws shouldn’t exist then. After all, if we give the government the ability to do anything against any citizen, they might use it in a bad way! This argument is fundamentally unworkable, because it doesn’t just apply to enforcing rules regarding speech, it applies to all rules.
Yes, I believe the government should enforce the standards I believe are correct. No, I do not believe that simply by enforcing such standards the power is magically granted for them to use it incorrectly, in a way that they wouldn’t be capable of had my preferred regulation not been implemented. Whether Nazis are or aren’t allowed speech won’t stop a bad government from simply censoring acceptable speech, if the government is acting in bad faith. They will do so regardless of if anti-Nazi speech regulations were in place prior.
Should we never attempt to implement any positive policy if it grants power that could theoretically be abused?
You’re not following my logic.
That conclusion does not arise from my arguments.
I am saying that the law should be objective. “The speed limit is 35mph” is an objective law. Yes, it can be abusively enforced, by allowing some people to go 55, while stopping others at 36.
Contrast, “Disturbing the peace”, a purely subjective law. Cops apply that law to do pretty much anything they want, to anyone they want, at any time they want, with zero consequences. The only objective factor is your presence in public: It’s pretty hard to argue you were disturbing the peace from the comfort of your own home.
Concepts as nebulous and vague as the ones we are talking about here are as broadly and subjectively enforced as “disturbing the peace”. The Nazis could claim you are in violation of your laws if you support “pedophiles” (by which they mean “trans”). Or supporting “enemy invaders” (by which they mean “immigrants”). Even mentioning “Luigi” could qualify as a violation.
Never give the government a power that you would not give to the Nazis.
Nazism, however, can be more objectively defined than single-word terms, as you’ve used here.
For instance, if someone says the words “Heil Hitler” while raising their hands in a traditional Nazi salute, there isn’t exactly room for a fascist to go “weeeeelllll but you saying ‘black lives matter’ with your fist up is the same thing, actually,” if the law explicitly states that saying the exact words “Heil Hitler” while raising your hand in that salute is the specific thing required to get you imprisoned. Laws can be more objectively defined than “pedophiles,” “supporting enemy invaders,” or “Nazis.”
Nazis simply ignore the law. Trump is quite literally doing it right now, He’s passing executive orders he doesn’t actually have the legal capacity to enforce, which is then leading to things like congresspeople being prevented from entering buildings they have a right to enter, or databases being given to people without legally required security credentials. They don’t care what the law was, they care what it will be once they’re done screwing with it.
Whether or not you pass a law prohibiting explicit behaviors that are categorically harmful to society will not change whether or not they are then capable of manipulating the laws to do what they wanted to do to you regardless.
It will, however, heavily reduce the chances of them coming into power, and having the ability to misuse any laws or power they may have in the first place
And yes, it obviously does. You stated that we should not censor Nazis because Nazis in power later on could use that law to suppress others. The same logic applies to any other regulation or prohibition. We shouldn’t pass gun control legislation because it’s possible someone uses it to take the good people’s guns away. We shouldn’t imprison people for rape because someone could redefine what rape means to mean non-married people having sex. We shouldn’t jail pedophiles because they could redefine trans people as pedophiles simply for existing.
It’s the same logic all the way down. There is nothing different when it comes to imprisonment for Nazi-aligned speech/actions, or other dangerous speech/actions. All of them can be prohibited to an extent, even though there’s a possibility that the power dynamic could then be reversed later on by the same group of people being prohibited.
Look, I’m not going to keep going on this because I think it’s clear neither of us are changing our stances. Send a reply if you want, I’ll gladly read it, and give it some thought, but I’m done trying to continue a conversation if you think we shouldn’t try to stop Nazis because Nazis could possibly get in power and stop us instead. That applies to any regulation against any group that could possibly come into power, and I would encourage you to look back at the examples I provided, stop, and think about just how different the logic really is to the idea of censoring Nazis, because I think you’ll find it is, in fact, not different at all.
Then “HH” isn’t a violation. “88” isn’t a violation. They avoid the specific phrases, speak their hatred in any other terms not explicitly listed.
They laugh at the pointlessness of your law, then someone - maybe you, maybe them - expands that law to cover more and more hateful words. Then one of you takes the next step, and allows the government to decide an unlisted word is hateful.
No, it won’t. All you are doing is granting them powers to use against you when they do come into power.
Do you even understand the concept of fascism? It is an authoritarian ideal. Fascists thrive on the exercise of political power over others. They need the power to oppress, to subjugate. They need you to become oppressive. They need you to exercise your power to suppress them, so that when they do manage to get elected, you have set that precedent for them to use against you.
The way you destroy the Nazis is by ensuring your society values liberal ideals, and summarily rejects authoritarianism in all its forms. You can’t out-auth a fascist without becoming a fascist yourself.
My thoughts exactly. I have absolutely no sympathy for Nazis, or anyone else who thinks mass murder and genocide were good policy. But one of the things that makes a free society different from Nazi Germany, is free expression. If we limit free expression to only things the people in charge want expressed, no matter how noble the intent that starts us down a very dark path very quickly.
The way we fight Nazis and racism is not by beating them up or jailing them. It’s by teaching each other and our children why they are wrong, by learning and understanding what it is like to have racism directed against you. And thus, we defeat racism not with force but with empathy.
As far as I’m concerned, this is the sort of policy that would make Hitler proud. It’s the sort of policy that would be enacted in Nazi Germany, or Soviet Russia.
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Because the man you don’t like got elected we should shred the 1st Amendment right of free expression? Or do I misunderstand you?