Red Ice News

The Future is the Past

It Begins! (in the USA) Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial
New to Red Ice? Start Here!

It Begins! (in the USA) Montana Man Being Prosecuted for 'Hate Speech' and Holocaust Denial

Source: reason.com
Via Volokh Conspiracy, a disturbing criminal case out of Montana, where Flathead County resident David Lenio, 28, is being prosecuted for making disparaging remarks about Jews on Twitter and denying that the Holocaust happened.

Say what? While this sort of prosecution is common in parts of Europe, Americans enjoy the protection of the First Amendment, which contains no exception for what's colloquially known as "hate speech." The only permitted exceptions to free speech protections - as the Supreme Court recently re-articulated - are for obscenity, defamation, fraud, incitement, and "speech integral to criminal conduct."

As Eugene Volokh explains, defamation law is generally "limited to false factual assertions. It requires a showing that the speaker knows the statement is false, and isn’t just mistaken (reasonably or not). And it requires a statement about a particular person."

But under Montana's ridiculously broad defamation statute, "defamatory matter is anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or injury to the person’s or its business or occupation." And anyone who "communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation."

Here's a sample of the kind of things Lenio has been arrested for tweeting:
USA needs a Hitler to rise to power and fix our #economy and i’m about ready to give my life to the cause or just shoot a bunch of #kikes …

I hope someone goes on a massive killing spree in kalispell school because I'm so poor I can't afford housing and don't care about your kids.

Now that the holocaust has been proven to be a lie beyond a reasonable doubt, it is now time to hunt the Nazi hunters.

#Copenhagen It’s important to note that jews hate free speech & are known bullsh-ters, could be #falseFlag
Reasonable people may disagree on whether Lenio's assertion that he's going to shoot people constitutes a "true threat." (U.S. courts have recently been grappling with something similar in a case involving Facebook statements, although in that case the potential threats were directed at specific individuals.) But it's clear that if any illegal speech is at play here, it's the suggestion that Lenio might commit violence, right?

The Flathead County prosecutor's office, however, is charging Lenio not just for "intimidation" but also, independently, under the state's defamation statute. It argues that Lenio made defamatory statements about Jews by suggesting that they have degraded the economy and dislike free speech and by stating that the Holocaust was a lie.

Lenio's lawyer filed a motion to dismiss the charges on grounds that the statutes were unconstitutionally overbroad.* The state argued in response that "Lenio does not establish beyond a reasonable doubt that (the defamation law) is facially overbroad because it is not limited to cases against individuals or small groups of people" and he "does not establish how the statute reaches protected speech in a substantial number of cases."

Can we pause a second there? According to Montana proseutors, it's unimaginable how a law against voicing any negative opinion about any group of people could infringe on free speech in a substantial way.

This is not defamation as it's commonly understood. This is, as Volokh states, "that extraordinarily rare thing: an American prosecution for "hate speech." There's just one tiny problem: "The First Amendment doesn’t allow that."

Read the rest at reason.com

Comments

We're Hiring

We are looking for a professional video editor, animator and graphics expert that can join us full time to work on our video productions.

Apply

Help Out

Sign up for a membership to support Red Ice. If you want to help advance our efforts further, please:

Donate

Tips

Send us a news tip or a
Guest suggestion

Send Tip

Related News

Germany Approves Bill Targeting Hate Speech, Fake News on Social Media
Germany Approves Bill Targeting Hate Speech, Fake News on Social Media
Germany: Somali Asylum Seeker Kills Woman, Rapes Disabled Elderly Man
Germany: Somali Asylum Seeker Kills Woman, Rapes Disabled Elderly Man

Archives Pick

Red Ice T-Shirts

Red Ice Radio

3Fourteen

Dear Cucks, Only One Kind of Nationalism Will Save the West
Faith Goldy & Lauren Rose - Dear Cucks, Only One Kind of Nationalism Will Save the West
Debunking the Claim that Nationalism Is Hostile Towards Women
Ayla, Bre Faucheux, Kirsten Lauryn & PhilosophiCat - Debunking the Claim that Nationalism Is Hostile Towards Women

TV

Peter Sutherland's Migration Legacy Punctured: In-Depth Look At Father of Globalisation
Peter Sutherland's Migration Legacy Punctured: In-Depth Look At Father of Globalisation
Oprah #MeToo #TimesUp Movement Ignores "Migrant" Gang Rapists Who Walk Free
Oprah #MeToo #TimesUp Movement Ignores "Migrant" Gang Rapists Who Walk Free

RSSYoutubeGoogle+iTunesSoundCloudStitcherTuneIn

Design by Henrik Palmgren © Red Ice Privacy Policy