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.
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Do we really want to mandate jail time though? It seems like maybe fines would be effective? I’m not in favor of inventing more ways to fill up for-profit prisons with non-violent offenders.
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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.
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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.
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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.
I think a more forceful alternative could be being something like “I wont allow you into my place of business”. I think one could also encounter issues with finding employment, or one could lose their current employment. Social repercussions like that can be quite powerful imo. I think the type of tolerance that’s damaging is the complacent/quiet type where one simply lets them be without protest.
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I only meant more forceful than your only stated possibility:
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I don’t agree that this is necessarily true. For example, what of the case of a tyrannical government? Society may be accepting of a behavior, yet the behavior may be an imprisonable offense. Therefore something being an imprisonable offense doesn’t necessitate that it be a socially shunned behavior (by the majority).
Hm. Your statement “If the Nazis had more money than the non-Nazis” is an important distinction; however, I think it also crucially depends on the distribution of nazis throughout the populace (assuming the society in question in governed by a majoritarian democratic system). The statement “If the Nazis had more money than the non-Nazis”, I think, infers the potential of monopolistic behavior in that ownership of the market becomes consolidated in the hands of those who are nazi-sympathetic. In this case, assuming the nazis were a minority of the populace, the government would step in as it must prevent monopolistic market behavior to ensure fair market competition [1]; however, if the nazis were a majority of the populace, I fear the argument is moot as they likely would be the ones creating the laws in the first place [2], assuming they had a monopoly on power (as if they didn’t, it’s plausible that the minority with a monopoly on power would revolt), and I think it would be plausible that they would create a market regulating body that is favorable to nazi-sympathetic entities.
References
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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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I think you’ve made a fair point. I think, in this case, it depends on how you are defining freedom of speech [1.1]. Freedom of speech doesn’t negate one’s freedom of association [1.2]; it simply states that one should be free to express themselves without fear of censorship [2]. Censorship requires active suppression of speech [3[4]]; I argue that if one chooses to not associate with someone, they aren’t actively suppressing their speech. So, more to your point, allowing the nazis to express their opinions is an exercise of freedom speech. Being intolerable of nazis is an exercise of freedom of association (eg choosing to not associate with them) and freedom of speech (eg vocalizing one’s distaste of them).
All that being said, this makes me consider whether, philosophically, one’s political positions also apply to how one personally behaves. I think it could be said that one’s political philosophies derive from one’s personal morals.
References
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This is a loaded statement — it depends on what you mean by “being Nazis”.
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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”.
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Yes, I agree that not using governmental force would be more legally tolerant — as you mentioned above:
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It may depend on what you mean by “beneficial”, but, generally, I’m not necessarily arguing that not imprisoning those espousing nazi-rhetoric would be more “positive” than the alternative, I simply fear the risks of going the route of governmental force outweigh the benefits. I fear tyrannical overreach, and I think a liberal approach, while not perfect, may be the best means to stave off this outcome. But, at least we have experiments like Australia, which can be examined from a distance.
Philosophically, the question becomes rather uncomfortable for me to answer; I personally don’t feel that I can be certain that my views are moral, so I tend to prefer the option that ensures the largest amount of ideological freedom. I understand that the paradox of tolerance is a threat to that idea, and it should be resisted, but I’m simply not convinced that imprisonment is the best antidote.
I think this begs the question — is it certain that social intolerance wont prevent, or is likely to not prevent these ideologies from accelerating in adoption?
I support social actions that prevent their views from being held and spread.
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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.
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If I understand you correctly, you are saying that you think the current government (USA) is fascist. If so, would you mind describing exactly why you think that? Do note that I’m not disputing your claim — I’m simply curious what your rationale is.