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Sunday, August 13, 2017

America needs to amend The First Amendment to allow for an ant-hate and defamation expression statute like that in Germany.

As a retired Constitutional Law professor and a jurisprudential scholar I believe that my right to be free of racist speech and hate marches should trump Richard Spencer's free speech rights. Given America's horrible human rights history we need an Amendment to Constitution which would allow a statute like that in Germany. It will never happen but I wish it would. It is easy for the beneficiaries of White privilege to minimize the need for such a statute:

§ 130: Incitement to hatred

Main article: hate speech

Section 130 makes it a crime to:
incite hatred against segments of the population or call for violent or arbitrary measures against them in a manner capable of disturbing the peace
to insult, maliciously malign, or defame segments of the population in a manner capable of disturbing the peace
disseminate, publicly make accessible, produce, obtain, supply, stock, offer, announce, commend, undertake to import or export, or facilitate such use by another of written materials that assaults the human dignity of others by insulting, maliciously maligning or defaming segments of the population or a previously indicated group
approve of, deny or downplay an act committed under the rule of National Socialism in a manner capable of disturbing the peace.

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