Michael Eriksson's Blog

A Swede in Germany

A discussion of some recent news

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Recently, there has been a lot of interesting news, especially with an eye on topics in the PC-area, including restrictions on “allowed” opinions. Below, I will look into some of it in an eclectic manner:

  1. German* news-sources (e.g. Tagesschau) state that Brazil has declared homophobia (“homophobie”) illegal.

    *I have not investigated whether the same partial misreporting (cf. below) has taken place in other countries.

    Looking at the details of the texts, a confusing image appears. Apparently, the illegality is two-pronged: Discrimination based on homosexuality is now illegal and violence against homosexuals has the status of a hate-crime (whereas it was “just” a crime in the past).

    As is clear, either “homophobia” or “discrimination” is abused in a sense that is not compatible with correct use and which causes considerable confusion: Homophobia is a matter of opinion or feeling, and is not action. A ban on homophobia implies a ban on opinion (something utterly, utterly evil; something much, much worse than homophobia), implying that the use can only be correct if discrimination is abused in an absurd sense, e.g. to include attitudes rather than e.g. decision making.

    Barring further research*, I would put my money on abuse of “homophobia”**. This still, however, shows a lack of awareness of the difference between thought and action, and continues the Orwellian tendency of condemning things as evil based on thought/opinion/feeling/character and to see action as an inevitable result. (Something that might say more about the proponents’ self-control and morals than about their opponents’…) To re-iterate for the umpteenth time: When judging evil, actions count—opinions do not.

    *Note that this discussion is not about Brazilian law, it is merely triggered by it. The exact details of the Brazilian situation have no major impact on the big-picture discussion.

    **Or possibly a combination that limits the expression of opinion—something at least potentially very evil. (This would ultimately depend on the details of the law. I note that e.g. my native Sweden and adopted Germany have “hate-speech” laws that risk a too large infringement on freedom of speech. Also see the election-poster discussion below)

    To this might be added that the use of “-phobia” to imply e.g. hatred, rather than fear, is highly unfortunate. While I strongly discourage use of e.g. “homophobia”, “Islamophobia”, …, in a non-fear sense, that train is probably long gone.

    Looking at the hate-crime side, it might be partially welcomed that the treatment is now consistent with (as claimed in reporting) that of racism. However, this also demonstrates a flawed legislation in principle: legislation should be sufficiently generic that such aspects should only rarely need to be regulated on a case-by-case basis.* A quality law concerning hate-crimes would then speak not of crimes directed at an individual due to e.g. “race, color, and creed” but of e.g. “group membership”—where group also could include e.g. being a fan of the wrong soccer-team. (I have not investigated the details of the Brazilian law and law interpretation, but it is clear that one or both was not been generic enough in the past.)

    *A horrifying example of such lack of generic thinking is Swedish laws relating to group protection that explicitly include women but fail to include men. Even if we assume that women were in need of more protection (highly disputable in Sweden, but a staple of Feminist propaganda), there is no legitimate reason to exclude men or to be non-generic: If a man is never victim of a relevant crime, there is no negative effect of a more generic law—but if he is, the more generic law guarantees him equal protection. This especially because the situation can change: if men (or members of another group) were not in need of protection at the time the law was made, they might be a few decades later. The omission simply does not make sense (but it does follow a consistent pattern of one-sided pro-women regulation in Sweden, matched e.g. by demands for quotas to ensure a minimum percentage of women rather than of each sex).

    Of course, even “hate-crime” is an unfortunate term (arguably, one of the first abuses of “hate” by the PC movement), as it takes a term that should include any crime committed out of hate (e.g. the murder of a personal enemy) and reduces it to hate against groups and includes crimes committed against these groups for reasons short of actual hate. I suggest avoiding “hate-crime” in favour of e.g. “crimes based on group”. (I continue to use “hate-crime” in this text for consistency with reporting and because I only reflected on the inappropriateness of the term during writing. I am likely to proceed differently in later texts.)

    From another perspective, I have never been convinced that hate-crimes deserve special treatment in terms of punishment. Actions, not opinion, should count and there is no obvious reason why it should matter whether e.g. a gang beats up a passer-by because of skin color or because they want “a bit of fun”. If anything, I would see the latter as the marginally greater evil… Notably, any reasoning around the potential scope of the problem is flawed, because a greater scope would automatically* (assuming reasonable law) imply more punishable events and/or greater punishment per event—-even without a hate-crime modification. For instance, if the same group of people vandalize a small business (with or without a particular group belonging) repeatedly, the members stand to face worse punishment than if they do so once (and a greater risk that the police will bother to involve it self, and a greater risk of being caught, and a greater risk of sufficient proof being available).

    *If the criminals are caught and enough evidence is present, which will often be a problem for any crime. Here there is room for special treatment, however: it could be legitimate to give suspected hate-crimes preferential treatment in terms of e.g. investigative resources.

    Moreover, the presence of hate-crime laws and a focus on hate-crimes can easily lead to preconceived opinions about motivations—and I note that I have often seen claims like “the police assumes a hate-crime” attached to crimes against minority groups in a blanket manner. The simple truth is that immigrants (homosexuals, whatnot) are not magically exempt from regular crimes. Assuming “hate-crime” in a blanket manner does no-one a favour.

  2. As has been hinted for some time, the Tubman twenty-dollar bill will be delayed, or even eventually be lost in time. Good: As I wrote more than two years ago, the Tubman decision was fundamentally flawed—not because Tubman, herself, would be unworthy, but because the process was rigged to find as politically correct a candidate as possible and demonstrated several problems with distortions of democracy.

    Further, in light of newer realizations about U.S. trends, I strongly suspect that there is an element of Orwellian* revisionism involved, e.g. that the character of Andrew Jackson, based on flawed reasoning, has been cast as “evil” in the PC narrative and most now see all honors rescinded.

    *The term applies disturbingly often when it comes to certain areas of discourse, but I will try to avoid a third mention in this text.

  3. Lars Aduktusson, a Swedish politician and member of the EU Parliament for the Christian-values KDU party, has been attacked from more or less every direction, including press, political opponents, and even his own party members for … voting against abortion. (Cf. e.g. a Swedish source.)

    In effect, in his role as someone elected by the people, he is not allowed to vote by his conscience and convictions. I note in particular that the criticism does not appear to have been directed against a violation of the party line.* Instead, there seems to be a general opinion that anything but a pro-abortion stance is morally deficient. For instance, the given source quotes one complainant speaking of “okänslighet” (“lack of sensitivity”) regarding the voting and another who speaks of abortion in terms of “grundläggande rättigheter för kvinnor” (“basic rights for women”). Moreover, the reasoning used to support an abortion stance (at least, in the sources that I saw) followed the naive and simplistic “it’s my body” line… To re-iterate my take on the abortion issue: “The main issue is the body of the fetus, and involves sub-issues like when this body should be considered a human and when a disposable something else—which in turn involves medical, philosophical, and (for non-atheists) religious considerations.” While I have nothing against the pro-abortion stance, per se, and do not have a strong own opinion, I have nothing but contempt for those who reduce it to such a mindless and flawed slogan as “it’s my body”—or reduce it to a women’s right issue, or mindlessly condemn a “pro-life” stance.

    *Which might be bad enough as is: I disapprove of the whip and party-line mentality in favour of the own judgment of the individual.

    Worse: It appears that Aduktusson, himself, was not necessarily opposed to abortion, being more motivated by the question of what issues should be decided on what level within the EU. However, not even this is enough of a justification for his “immoral” voting—on the outside, he is admitted the right to abstain from voting… This even though an abstained vote is unlikely to be recognized as a rejection, and is more likely to imply e.g. the lack of a strong opinion or a negotiated* non-vote to compensate for someone else being absent.

    *Such trickery appears to be fairly common, e.g. in that a member of party A is taken ill and the need to bring the him in to vote is avoided by a member of party B voluntarily abstaining.

    This type of intolerance of opinion is extremely dangerous, especially because there appear to be many areas where an opinion becomes universally programmatic once sufficiently many voters believe it or a sufficiently large group is likely to protest against non-adherence. For instance, I recently had a look at the 2018 party program of Moderaterna, who were the most reasoned, reasonable, and informed Swedish party during my youth, only to find various nonsense about women still being unequal, a weak version of the 77-cents-on-the-dollar fraud, claims of violence against women, … This nonsense is, at best, heavily outdated in Sweden, but we have reached an unfortunate point where those who object to it are run over with accusations of sexism and whatnot, and where far too few politicians have the courage to take a stand for the truth. (To which can be added that the lesser some problems are, the more complaints they appear to attract. For instance, as women’s disadvantages of old have disappeared, the complaints about disadvantages have grown louder and the conviction that they are present has grown stronger—never mind the facts at hand. Also consider e.g. U.S. phenomena like the micro-aggression issue, which are used to “prove” that the fight against this-or-that is as urgent and important as ever.)

  4. In Germany, election posters have been removed by the authorities for allegedly being Volksverhetzung—actions at least temporarily seen as legal by a court*. In the source, two examples are given: “Stoppt die Invasion: Migration tötet!” (“Stop the invasion: Migration kills!”) and “Widerstand – jetzt” (“Resistance – now”).

    *A preliminary court proceeding, possibly comparable to a motion for a temporary restraining order, has declined to put a stop to the removals.

    The latter appears beyond reproach by any reasonable* standard of free speech, and must be seen in the light of more extreme claims by Leftist extremists—including the Marxist-Leninist MLPD calling for revolution… Indeed, it is border-line obvious that the problem here is not the message, because a similar reaction to the exact same message by MLPD would not take place. The problem is the “who”—NPD, a strongly nationalist party with (at least historically) some Neo-Nazi contacts.

    *Note that it is not a given that local legislation has a reasonable standard. Germany definitely goes too far in its restrictions—however, even here I have great problems with seeing how the poster could be illegal (in general) or Volksverhetzung (in particular).

    The second, I could conceivably see as violation of the Volksverhetzung law, but it is truly a stretch. Moreover, even if it is technically illegal, it is hard to condemn it from an ethical point of view. The main point of criticism would be its factual correctness, with the “Migration kills!” part seeming far-fetched to me (I have not seen their reasoning)—but factual correctness has not been the deciding issue! To boot, other parties definitely make incorrect statements. For instance, the major parties SPD (Social-Democrat) and Die Grüne (“green” party) both repeated variations of the 77-cents-on-the-dollar fraud during the last parliamentary election—the SPD even admitted to knowing that it was a fraud upon my contact (Die Grüne never answered). Now, if there was a crack-down against incorrect claims, extending to all parties, I might* not object at all; however, again, this is not part of such a crack-down and it is clear that different parties are given different treatments based who they are—not on what they do.

    *In principle, I would not object at all; in a practical situation, great care must be taken to avoid undue censorship due to e.g. poorly informed or too partial checkers. In countries like Sweden, it is so bad that the truth might regularly be condemned as lie, while the lie be tolerated as truth.

    Looking at the actual law, it seems to be restricted to “national, racial, religious group or a group defined by their ethnic origins” (using the translation present in the linked-to Wikipedia article).* Firstly, the topic is immigration**, not immigrants, and it is conceivable that no ill-will is intended towards the actual immigrants—at blame might be e.g. a too lax German immigration policy, too generous social systems, unconscionable situations in the countries of origin, whatnot. Secondly, even if we do assume that immigrants are targeted, these categories do not apply here, in my eyes, because including immigrants in general as a group would be contrary to a reasonable interpretation. Note that immigrants include Swedes, e.g. yours truly, U.S. citizens, and Dutch people, as well as Somalis, Japanese, and Indians—even Hitler, himself, was an immigrant! The group would simply be too heterogeneous to be defined by more specific criteria than e.g. immigrant or not-German. In contrast, “Swedes out!” would have been directed at sufficiently specific group.

    *Here we have a good example of the poor laws discussed above: Men/women, homo-/heterosexuals, members of particular parties, adherents to particular ideologies, members of specific professions, …, are all implicitly excluded from protection. For instance, if someone were to apply a caste-mentality and declare garbage men to be “impure” or “untouchable”, the law would not be helpful.

    **Proof-reading, I see that the quotes do not even speak of “immigration”—they speak of “migration”. While it seems quite reasonable to assume that immigration is intended, a court proceeding would need to be very careful with interpretation, and only judge the statements in a bigger context of statements, e.g. a party program. At an extreme, an interpretation like “emigration kills Germany, because the brain-drain is so severe” would still be within the realms of possibility (but not likelihood) for a nationalist party.

    Moreover, the law gives several types of specific violations, none of which is strongly convincing and some of which are obviously not applicable:*

    *The Wikipedia translation strikes me as poor, and I partially give my own translation here. Beware that I might get the “legalese” wrong.

    zum Hass aufstachelt (incites hatred): Would require a generous interpretation of intent behind and/or effect of the statements, at least when applying reasonable doubt. By comparison, “smoking kills” does not imply that the speaker hates smoking, smokers, or the tabacco industry. The claim could be a perfectly unemotional warning by a public agency. (Indeed, as occurs to me right now, it is conceivable that the posters were written as a deliberate parallel. In that case, the “kills” part might even be seen as a metaphor or something “snow-cloney”.)

    zu Gewalt- oder Willkürmaßnahmen auffordert (demands/requests violent or arbitrary measures): No demand is made, or necessarily implied. In as far as a demand is implied, there is no sign of violence, and no arbitrariness that goes beyond what other parties get away with.

    die Menschenwürde anderer dadurch angreift, dass er […] beschimpft, böswillig verächtlich macht oder verleumdet (attacks the human dignity of others, through insults, malicious malignment,* or defamation): The first two do not apply, the third is a stretch (and tricky with regard to reasonable doubt), and only the fourth gives a non-trivial opening—if the claim can be proved to be sufficiently inappropriate** in context.

    *I am at loss for a good idiomatic translation, “verächtlich mach[t/en]” being an extremely rare expression, and draw on the Wikipedia translation, but have some doubts there too. A more literal translation would be “make despised” or, possibly, “[…] despicable”, which does not work at all in English.

    **Going by memory, German defamation laws sometimes apply even when a claim is factually correct. Depending on the details, it might not be strictly necessary to prove the claim wrong (and the burden of proof of correctness might lie on the alleged perpetrator to begin with). Then again, such crimes are normally directed at the individual, which might make the angle irrelevant. (I would need too much research to clarify this.)

    (The last part does contain a “Teile der Bevölkerung” (“parts of the population”), which might be seen as going beyond the listed groups.)

    In addition, the law specifically gives a prerequisite of a risk “den öffentlichen Frieden zu stören” (“to disturb the public peace”), which does not obviously apply either. Does it risk the peace? Is a specific enough group targeted? Is a sufficiently specific violation applicable? Is there sufficient proof? Whatnot. With the usual “not a lawyer” reservations, I find it hard to believe that an impartial and competent judge would actually deem this Volksverhetzung in a full trial.

Excursion on other parts of the Volksverhetzung law:
The part quoted by Wikipedia does not cover the entire law. (Cf. e.g. gesetze-im-internet.) Skimming the rest, I see nothing that influences the above analyses; however, I do see further concern in other regards. For instance, in my reading, giving a text deemed as Volksverhetzung to a minor would it self constitute Volksverhetzung and be punishable by up to three years in prison. There does not appear to be any restriction on the reason, e.g. due to a historical importance, as part of a comparison, as discouragement, … For instance, handing a minor a copy of “Mein Kampf” for a common critical analysis, e.g. with an eye on determining what information was available to the German people prior to 1932, would be illegal in my reading…

Extrapolating current (and absurd) trends and attitudes towards children’s literature, such laws might one day make it illegal to hand out the original text of e.g. “Tom Sawyer” to a minor, because it uses the word “nigger”, stereotypes black people, glorifies* slavery, or similar. I do not consider this scenario overly likely, but the risk is sufficiently large to prove such laws problematic—and there are people who would welcome such a ban.

*I have not read it in decades and cannot guarantee that this word would hold. If it does not, something like “does not sufficiently reject” might apply.

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Written by michaeleriksson

May 26, 2019 at 8:37 pm

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