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Three Years in Prison for Posting Hatespeak

Vainglorious Coward writes "In the UK, a man has been sentenced to three years in prison for posting inflammatory messages to a website. Pleading guilty to inciting racial hatred on a site dedicated to the memory of a murdered black teenager, the 30-year old accused stated that he was not racist, and had intended to stir up an argument on the website, but did not believe in what he had written. The defending lawyer described her client as 'isolated and living in a fantasy world, spending hours on his computer in his room where his persona could be as he made it, good or bad.'"

105 of 627 comments (clear)

  1. If only.... by kjart · · Score: 5, Funny

    ...they'd start charging all the -1 Trolls on Slashdot. Now that would be progress.

    1. Re:If only.... by Anonymous Coward · · Score: 3, Funny

      First they came for all the Anonymous Coward, nobody speaks up.
      Then they came for the trolls... No one cares.
      Then the people that don't read the RTFA... (Half of /. gone)
      Then the jokes... (???)

      When are they going to come after the dups?

      Profit!

    2. Re:If only.... by Das+Modell · · Score: 3, Insightful

      Of course, many people get -1 Troll because the person doing the moderating is a fanatic with an agenda, so maybe Slashdot's moderation system isn't really all that accurate.

    3. Re:If only.... by fluffywuffy · · Score: 2, Funny

      heheh I was so tempted to mod you as troll :-P

  2. Trolls by Anonymous Coward · · Score: 2, Interesting

    3 years for trolling? Isn't it a bit too much?

    The blurb (IDNRTFA) makes it sound like he was posting in a private board. If it was, it'd be easy to just have him banned, and require new users to be approved by a moderator.

    The GNAA better watch out. The interweb is getting dangerous...

    1. Re:Trolls by Anonymous Coward · · Score: 4, Informative

      Maybe you are not aware, but there is no free speech in Europe, at least not like in the US. It is not uncommon to get in trouble for written text or speech.

      If you read the article, it talks about child pornography as well, so I do not say it was unfair in this case.

    2. Re:Trolls by Instine · · Score: 3, Insightful

      Try makeing any untoward comments about your almighty presedent, and how to depose him (violently or otherwise) and then see where your constitution gets you.... Inciting crimes is illegal here (in the UK), as it is in the US. And sedition is a thorny one both side of the pond.

      --
      Because you can - or because you should?
    3. Re:Trolls by goldspider · · Score: 2, Insightful

      "Try makeing any untoward comments about your almighty presedent, and how to depose him (violently or otherwise)"

      Yeah, you'll NEVER see anything of the sort here!

      --
      "Ask not what your country can do for you." --John F. Kennedy
    4. Re:Trolls by Bionic_Baboon · · Score: 4, Funny

      Ok. Bush sucks. I say we storm the Whitehouse and hang him. See? Nothing happened I'm stil jus&^)(*&SAJDH*()& ----NO CARRIER----

    5. Re:Trolls by Millenniumman · · Score: 5, Insightful
      Try makeing any untoward comments about your almighty presedent, and how to depose him (violently or otherwise) and then see where your constitution gets you....

      Rubbish. Millions of people, famous and average, have said, openly and freely, that he is a bad president. They were not punished for it. Thousands of people have suggested that he should be impeached, openly and freely, and they have not been punished for it. Some people have even said that he should be murdered, and despite the fact that that would probably get you in trouble if you were talking about someone else, they were not punished for it.
      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    6. Re:Trolls by takeya · · Score: 3, Informative

      You're dead wrong my limey friend.

      http://en.wikipedia.org/wiki/Sedition_Act_of_1918
      The Sedition Act was repealed in 1921. Although the Sedition Act was upheld by the US Supreme Court in Schenck v. United States, most legal experts view the Sedition Act as being antithetical to the letter and spirit of the United States Constitution, specifically the 1st Amendment of the Bill of Rights.

      And allow me to speak freely when I say that anyone wishing (albeit minor) financial support for a coup of my state or federal government, I'd be overjoyed to contribute. I'm positively sure that this is inciting violence under some reading of your laws, but under mine the only exception to the first amendment is falsely presenting a clear and imminent danger in order to severely disturb the peace.

    7. Re:Trolls by mjbkinx · · Score: 4, Insightful
      Maybe you are not aware, but there is no free speech in Europe, at least not like in the US. It is not uncommon to get in trouble for written text or speech.

      It is very uncommon to get in trouble for written text or speech. To get in trouble, what you say or write must have the potential to cause violence against minorities.
      The reason is of course the Nazi history, which led to a stronger emphasis of the protection of an individual's dignity and safety.

      However, there was an interesting verdict in Germany recently, where public display of anti-constitutional symbols (read: the swastika, SS runes or similar) is illegal except for educational or artistic purposes. The owner of a mail-order shop was fined 3600 euros for selling anti-nazi items that contained the swastika (crossed out, thrown in a trash can, etc). The court ruled it was commercial distribution of an anti-constitutional symbol. Reactions to the verdict were between disbelieve and outrage and the Minister of Justice suggested that if the verdict holds, the law would have to be changed.

      If you read the article, it talks about child pornography as well, so I do not say it was unfair in this case.

      See, and that's quite a similar thing. One could argue child pornography was freedom of expression, at least as long as the children weren't harmed. But luckily, society has agreed on giving the protection of children a higher priority than pedophiles' "right" to look at such material. Similarly, European societies have agreed on giving the protection of minorities a higher priority than racists' "right" to express their hatred against them -- because last time we didn't, it didn't turn out well.

      What a society deems acceptable, or what it considers an individual's fundamental right, is based on it's culture and historic experience. Europe's history was very violent, with millions brutally murdered by the Nazis out of hatred against political, religious and racial minorities. That this experience had an effect on its culture can't come as a surprise to anyone. That this is reflected in its laws is only natural, especially since these laws have been written directly after WW II.
      Likewise, what US society sees as its fundamental rights, like "unlimited" Free Speech (which really isn't unlimited at all), or the "right" to bear arms, has its roots in the experience of King George's reign. Its strong Christian roots, on the other hand, have resulted in laws against sexual expression which most Europeans would find utterly ridiculous, like that you're not allowed to sell penis shaped vibrators in Texas and that you have to pretend dildos are to educate about proper condom use.

    8. Re:Trolls by exp(pi*sqrt(163)) · · Score: 4, Interesting

      The story to read is this one.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    9. Re:Trolls by Anonymous Coward · · Score: 2, Insightful

      Basically the law states that saying you don't like people of a certain racial group is lawful, but that calling on paticular racial group to be subject to harm is not. But in the case of this particular individual it was an instance of calling for harm to a set of specific individuals,
      which goes beyond a general incitement.

      The law in the USA certainly does not protect threats of harm in speech from one individual to another (It counts as a "terroristic threat" and is
      illegal). I am not clear if the law in the USA does or does not protect calling for harm to be done to a particular individual, though.

    10. Re:Trolls by joto · · Score: 2, Insightful

      Maybe you are not aware, but there is no free speech in Europe, at least not like in the US. It is not uncommon to get in trouble for written text or speech.

      Maybe you're not aware, but there is no such thing as a country named Europe. Talking about "free speech in Europe" is like talking about "free speech in Asia" (from Iran to Japan). As for the members of the European Union, I can assure you that they all have legislation to ensure free speech.

      But there is no country in the world where you have absolutely free speech. Every country has limitations in their free speech, which prohibits such things as calling your neighbour a paedophile (if he isn't), yelling "FIRE!" in a crammed theater, inciting crime, etc...

      Different european countries have different tradeoffs, and USA also makes its own tradeoffs. These tradeoffs might differ in various respects (i.e. in USA you can create bestiality porn, but you can't show it on TV, and in Germany you can wear a T-shirt with arabic letters on a flight, but you can't claim to be a nazi).

      Regardless of law, you can "get in trouble for written text or speech" anyway. The next time you see a big muscular guy together with a beautiful girl (even better if all of you are drunk), try to tell the girl loudly that you would like to nibble on her tits while pumping your dick up her ass. Or just publish some cartoons of Muhammed.

    11. Re:Trolls by TommydCat · · Score: 2, Insightful
      (in case you aren't aware assault is threatening someone, and doesn't even have to be vocalized, battery on the other hand is actually attacking someone).

      Just FYI - the legal definitions for assault and battery (together or seperate) vary widely between jurisdictions (different states, US Federal and of other nations). It's amazing how some places use a legal definition that does not make sense to the layman (or Webster for that matter) who thinks they understand what "assault" means.

      No flame, just pointing out that what we think of common law may be drastically different where the crime took place, and probably not make sense in the context we are used to...

      --
      This comment does not necessarily represent the views and opinions of the author.
    12. Re:Trolls by Stalyn · · Score: 4, Insightful

      What a society deems acceptable, or what it considers an individual's fundamental right, is based on it's culture and historic experience.

      You have to understand that this concept is very hard for Americans to wrap their head around. Americans tend to think in absolutes. It stems from our deeply religious past but also that our founding fathers believed in "natural rights"; there are certain "inalienable" rights that exist independent of our human institutions. This belief motivated the framers of our Constitution to codify these rights in the Bill of Rights.

      So when you say something like "well it's up to society to determine what are rights and what should be prohibited" simply does not compute to most Americans. Our rights are our rights by some "divine right" and not to be determined by the whims of society.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    13. Re:Trolls by mjbkinx · · Score: 4, Insightful

      You have to understand that this concept is very hard for Americans to wrap their head around. Americans tend to think in absolutes. It stems from our deeply religious past but also that our founding fathers believed in "natural rights"; there are certain "inalienable" rights that exist independent of our human institutions. This belief motivated the framers of our Constitution to codify these rights in the Bill of Rights.

      I don't think we really see it that differently in Europe. It's just that where these rights conflict, like here Freedom of Speech and Human Dignity or the Right to Live, the priorities are different in some rare cases ("Hate Speech" really is the only one I can think of).

      So when you say something like "well it's up to society to determine what are rights and what should be prohibited" simply does not compute to most Americans. Our rights are our rights by some "divine right" and not to be determined by the whims of society.

      But it seems like society does that all the time. I'd say that with Sex and Drugs, you're generally better off in Europe. In Germany we don't have a general speed limit. We're allowed beer at 16. You can say swear words and show nudity on TV. There are several parties you can vote for to represent you in parliament...
      From an outside perspective, it seems there are parts of US society which have a huge influence on what must be considered, if not illegal, then at least political or commercial suicide.

    14. Re:Trolls by exp(pi*sqrt(163)) · · Score: 2, Interesting

      And this.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    15. Re:Trolls by theshowmecanuck · · Score: 2, Interesting
      And I am posting to slashdot from prison because of what my .sig here says.

      Yep... sarcasm noted. But is it just the government you need to be afraid of for stating your mind. The Dixie Chicks, as one example, received numerous death threats, had contracts cancelled, had their records burned etc. for voicing their displeasure at Bush's decision to invade Iraq. And in the 'States where there are probably as many guns available to anyone who wants one as in a sub-Saharan African war zone, death threats are a serious thing to worry about. I know this is a 'knee-jerk' reaction but I had to say it. :-/

      But *before* you go lambasting me, I do agree and envy the much freer speach that America enjoys. In Canada for example, many things said by the Ku Klux Klan in the U.S. would land them in jail in Canada. While I think the Klan are composed of mostly inbred morons, and I loath/hate/despise everything about them... I totally back their right to say whatever they want. Censoring speach is a slippery slope to government or others trying to control how you think. This is as bad as any other violation to your person. If some moron is spouting stupidity (e.g. the Klan or other Nazi or Communist shill), a good education and exposure to a wider world of knowledge is the best defence against shite like that spreading. Thought control by its nature is the exact opposite to this and counter productive. So hats off to the free speech laws in the U.S.A. However I wish that people wouldn't have to resort to expressig their differences by threating (and sometimes carrying out) to kill someone over something they didn't like hearing.

      --
      -- I ignore anonymous replies to my comments and postings.
    16. Re:Trolls by Haeleth · · Score: 2, Informative

      Then what do the governments do about the mosques where imams openly preached jihad?

      Since you ask, they give the imams seven years.

      How quickly and conveniently the racists forget anything that doesn't conveniently support their twisted worldview.

  3. Crap, we have laws like that? by Olix · · Score: 4, Interesting

    Eeerk, I didn't realise we had laws like that in the UK... I need to step up my "move to sweden" plan.

    1. Re:Crap, we have laws like that? by Pharmboy · · Score: 2, Informative

      At least you don't live here in the US. Oh wait, we have free speech here.... never mind.

      But seriously folks, this rather smacks of Thought Police. I can understand why it is illegal to yell "FIRE" in a crowded movie theatre, but I have always believed it is better to allow those who have repugnant ideas to voice them openly so the whole world can see how big of a nut they are.

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:Crap, we have laws like that? by mikael_j · · Score: 5, Informative
      We have a law like that in Sweden as well, the basic idea of the law could be described as "You can say you hate jews and wish they all died but you can't say 'kill all jews'", its also about context, if you, a six-foot-seven skinhead run up to a short skinny black girl and start ranting about black people then your physical appearance and how threatening the situation could be considered to be should be factored in. Of course, like all laws this law gets misinterpreted by both sides...

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    3. Re:Crap, we have laws like that? by SWroclawski · · Score: 4, Informative

      The reason these laws exist is that they're not merely tabletop dicusssions, they're incitements to violent acts. It's not illegal to hate someone because of race, creed, color, sexual orientation, height, weight or operating system, but when it moves into "You should kill this group.", then it's not just a thought, it's something serious, and dangerous.

      I agree that it's sometimes great to let the nutcases say their peice in public in order to ridicule them, but we also have to protect people from violent acts by these nutcases. It's obviously a fine line- the UK (and most of Europe)'s rules differ quite a bit from those in the US.

      I think the common ground here which we can all agree on is that racism is a problem, and that we want to protect the public. From there, we can have a dialog on how to best accomplish it while maintaining individual civil liberties.

    4. Re:Crap, we have laws like that? by Instine · · Score: 3, Insightful

      Thats fine until one of them is charismatic, and ritch, and the counries in a bit of slump, and theres just been a large increase in imergration, and then bang! what might normal be a preasure rease valve for nut case, becomes the reason your neighbourhood is getting rounded up by death squads.... The worset thing about the second world war, is that it wasn't whitnessed by the whole world. My Grandad's still alive to tell me what it was like to see storm troopers march through a town killing as they went. My street still bares the marks of Nazi bombs. If I lived in America, this wouldn't be the case (or is much less likely). So please take it from me, crushing race hate is worth losing some smaller liberties. I don't mind tastless, unPC jokes even. But inciting violence is bad, is wrong, is more dangerous than your perceived loss of free speech (like I posted just now - you do not have free speech in America!)

      --
      Because you can - or because you should?
    5. Re:Crap, we have laws like that? by Das+Modell · · Score: 3, Interesting
      Eeerk, I didn't realise we had laws like that in the UK... I need to step up my "move to sweden" plan.

      You know what the funny thing is? All those Muslims who were inciting terror, violence and treason in the streets didn't get any prison sentences. They were standing in a public place in plain sight, saying things like "behead those who insult Islam" and "Europe is the cancer Islam is the answer." The guy in TFA was posting anonymous comments on the Internet. This is an obvious instance of "reverse" apartheid where Muslims have more rights than everyone else. It's a growing trend in many countries.

      As for Sweden, the government actually shut down a site that published the Mohammed cartoons. They're as totalitarian as everyone else, and their society is on the brink of self-destruction. I suggest picking a different country to move to.
    6. Re:Crap, we have laws like that? by Das+Modell · · Score: 2, Insightful

      Inciting violence is bad, but it's even worse when one group is allowed to do so and another one isn't, and all discussion about the subject has been banned under the guise of protecting people from hate speech (there's also the fact that anyone who does talk about it will immediately receive death threats and rioting from the group that's allowed to practise hate speech). I think this kind of situation will eventually explode into violence.

    7. Re:Crap, we have laws like that? by Instine · · Score: 3, Interesting

      Yes - I agree it must be even handed. Seeing banners stating the pope must be killed, etc.. isn't making me feel comfortable, and I'm not catholic (or religious). But what you don't see in the same tabloids that you saw that in, is that many of these people ARE on charges, and ending up in the dock, or being watched by various agenceis. So its actually more even handed than the papers would have you believe.

      --
      Because you can - or because you should?
    8. Re:Crap, we have laws like that? by qortra · · Score: 5, Insightful

      So please take it from me, crushing race hate is worth losing some smaller liberties.

      No! It isn't!

      Everybody has a cause for which they believe it is worth the loss of 'smaller' liberties. But for whatever liberties we have (that do not infringe on the liberties of others), they are NEVER worth giving up.

      The most important goal in any modern country should be to insure civil liberties. This is so that we can protect ourselves from the government, the entity who has the largest ability to harm us. World War II certainly was catastrophic (over 60 million casualities by some estimations), but it will be nothing compared to the suffering in the future if our population of over 6 billion becomes subject to police states. For each civil liberty that we give up, we get a step closer to that future.

      Don't get me wrong, I haven't made up my mind on this particular case; I realize that some speech is considered a direct violation of people's natural rights. However, if a speech fails to rise to that threshold (and it is a very high threshold), than it ought to be free, and no number of casualities past or present should change that.

      Be careful what you say; true liberties are NEVER worth giving up.

    9. Re:Crap, we have laws like that? by Instine · · Score: 4, Insightful

      As found further down the threads re Swedish Laws. Its not what is hate, but what is threat that is judged. And its judged by the courts, not the government. I can say what I like about what I personally think of any given culture or 'race'. But I must not threaten. Threatening bahaviour is elegal. As it incites violence. If I told you in all seriousness the I withed harm to you and your family, IF it were seen as an actual statement of intent, then that would be illegal, here in the UK or in the states. Race need not (and you could argue, should not) come into it. Though due to its escalatory nature, race threats ARE a greater danger to a greater number of people. And so should be treated as such. i.e. Threats of that nature should be prosecuted with harsher enforcement and punishment. Again, many of those who were crrying threatening plackards at rellies, depicted in tabloids, WERE prosecuted! many will still be under surveilance (just as those in the BNP will have been). So it is more even handed than the media makes out.

      --
      Because you can - or because you should?
    10. Re:Crap, we have laws like that? by Mateo_LeFou · · Score: 2, Funny

      I really, really, strongly dislike these kinds of laws. I would never say I h__e them, of course...

      --
      My turnips listen for the soft cry of your love
    11. Re:Crap, we have laws like that? by Instine · · Score: 3, Insightful

      Read some Plato!

      Sadly the idealism of pretecting yourself from your government is a long lost cause.... They could destroy your country in a second. But! as long as you don't loose your society, the goverment knows its got something to loose by mistreating you.

      --
      Because you can - or because you should?
    12. Re:Crap, we have laws like that? by smchris · · Score: 2, Insightful

      Assault is the _threat_ of violence. Battery is committing the violence. Why shouldn't the threat of violence to a _group_ be a crime?

      This is an instance where the U.S. should probably learn from the sad experience of "Old Europe". The U.S. hasn't experienced a Hitler yet and is simultaneously more fragile and dangerous for the innocence.

    13. Re:Crap, we have laws like that? by Darkman,+Walkin+Dude · · Score: 4, Insightful

      Sadly the idealism of pretecting yourself from your government is a long lost cause

      This is a fundamental error that a lot of people make. The "government" isn't a group of aliens or some amorphous blob-like entity which is different from the rest of us. It is us. Its composed of people just like you and me, people who are your neighbours, friends and family. The only real difference is that they have been mandated by the rest of the people to do certain things, like enforce laws, or collect taxes. If you don't want these people to do certain things, the rest of the population needs to tell them that, change their employment contracts. Its when they refuse to listen to the rest of the people that a problem arises.

      I think that three years in this case is an excessively long sentence, probably handed down by a judge trying to make an example of this man (am I the only one who feels that lawyers, lawmakers and judges are terrified of the internet for some reason?), but it could have all sorts of knock on consequences for any clown who gets his hackles raised in a flamewar with a troll on the internet, with spurious suits and wasting the time of the courts which could be better spent elsewhere.

      Yes, what he said was very wrong and offensive. But three years in jail with rapists, murderers, violent criminals and drug dealers isn't going to make him any better a human being. If he was any way serious about his statements, what it will do is make him a much better connected hate monger. If he wasn't serious about his statements, he most likely will be by the time he makes it out.

      The judge in this case could well be accused of knee jerk reactionism, and frankly an abuse of powers.

    14. Re:Crap, we have laws like that? by dthree · · Score: 4, Insightful
      How about protecting the public from censorship and violating our basic rights to free speech.
       
      Just because someone says something in and internet message board is no reason to put them behind bars for 3 years. You want to protect one worthless groups "rights" by violating those of another, how hypocritical.

      This is the key issue here. I feel sorry for the victim and his family, but I don't think what his mother said here makes any sense:

      "Hitler started with an idea, slavery started with an idea, so it is good that this was stopped in time."
      Censorship was one of Hitlers most effective tools, so equating this verdict to "stopping Hitler" is absurd.
      --
      "I forgot my mantra."
    15. Re:Crap, we have laws like that? by Anonymous Coward · · Score: 3, Insightful

      What do you mean "Experienced"? The US fought in WWII right alongside the allies. The US lost more soldiers than any European country (except for Yugoslavia) during the war. It was an attack on US soil that got them into the war, and it was US bombs that ended it. And after the war was over, it was US dollars that funded the Marshall Plan to rebuild the devastated parts of Europe. So just because the US didn't breed the dictator on its soil, don't say that the US didn't experience him or learn from the catastrophe. The whole fucking world experienced Hitler, including the US - Don't Forget It.

    16. Re:Crap, we have laws like that? by demeteloaf · · Score: 2, Interesting

      Currently, In the United States, the litmus test for whether something is considered free speech is whether it would cause an "imminent lawless action" (Brandenburg v. Ohio). This has been taken to mean that it's okay to advocate abstract violence or breaking the law, but as soon as you start encouraging specific actions in a time frame sooner than police officers can be reasonably summoned, It's not constitutionally protected speech amymore. Inciting a riot probably falls under that category. The original case dealt with a KKK rally in Ohio, and the ruling stated that it was acceptible to promote hate against minorities, as long as the speech didn't cause an"imminent lawless action."

      I think if this happened in the United States, it would have been constitutionally protected speech. We have those crazy people who show up at soldiers' funerals protesting the war with their "GOD HATES FAGS" signs, and they're allowed to do that. So I think this is a case where British Laws just happen to be more strict on something like this.

      --
      If there's anything more important than my ego around, i want it caught and shot now.
    17. Re:Crap, we have laws like that? by mikael_j · · Score: 2, Insightful
      I believe the point was that it wasn't your parents' door that kicked down when they were looking for jews/communists/etc..

      Anyway, according to the statistics I found on Wikipedia (yes I know, I'm lazy), the US lost 407,300 soldiers during the entire war while Yugoslavia lost 446,000 soldiers. However, I think it's interesting that you didn't mention the numbers for any of the other allied countries, especially considering that the US population is a lot higher than that of your average european country.

      Anyway, here are some of the numbers:

      • France - 212,000
      • United Kingdom - 382,600 (With colonies)
      • Soviet Union - 10,700,000 (A country with a population comparable to the US)
      • Poland - 400,000

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    18. Re:Crap, we have laws like that? by RexRhino · · Score: 2, Insightful

      No, laws against hate speech increase and protect hate.

      If hateful speech is allowed:

      1. I can say things to counter hate speech.
      2. I can know who is hateful, and so I can be prepared if I suspect they may cause trouble.
      3. I can get an understanding of how wide spread a problem is.
      4. Hate speech isn't the forbidden fruit. When alchohol was made illegal in the U.S. in the 1920s, alcohol consumption actually increased, because it became "cool" and "dangerous" to break the law against alcohol.
      5. People who are innocent of hate speech, will not be harrased by being accused of hate speech.
      6. It will be harder for the government to expand hate-speech censorship to other non-hate forms of speech.

  4. Not strictly accurate... by Anonymous Coward · · Score: 5, Informative

    He got 6 months of his sentence for child pornography charges.

    1. Re:Not strictly accurate... by rking · · Score: 4, Informative
      Why was the parent post modded "troll"?

      From the article:
      He was sentenced at Liverpool crown court to two years and eight months' in jail for the race hate crime and six months consecutively for the child pornography offences.

      I think it's fair to say that makes the Slashdor summary "sentenced to three years in prison for posting inflammatory messages to a website" inaccurate.
    2. Re:Not strictly accurate... by Anonymous Coward · · Score: 2, Insightful

      So posting messages of race hate is x5 times worce than downloading child porn?

      wtf....

  5. Potty mouth vs. murder by smittyoneeach · · Score: 4, Insightful
    TFA:
    After the verdict, Anthony's mother, Gee Walker, said she was satisfied by the sentence and did not accept a written apology Martin had sent her.
    Contrast with the reaction to five brutal murders, another five variously wounded, and a suicide:
    http://news.scotsman.com/latest.cfm?id=1469562006
    Several Amish interviewed by Reuters said they were sad but not angry and emphasized the need for forgiveness of gunman Charles Carl Roberts, who as a non-Amish person was what the locals refer to as "English."
    "It's just not the way we think. There is no sense in getting angry," said Henry Fisher, 62, a retired farmer with five grown children and 33 grandchildren who has lived all his life in the town some 60 miles (100 km) west of Philadelphia.
    In the former case, some choose to place their faith in the government and legal system, and draw satisfaction at three years incarceration for ignorant speech, at the risk of social fragmentation.
    I think the Amish community would have simply shunned such a foul-mouthed fool, without putting money into lawyer's pockets, or wasting real estate on a prison.

    Social progress.
    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    1. Re:Potty mouth vs. murder by edxwelch · · Score: 5, Interesting

      The guy sent an appology because he didn't want to be charged, not because he was sorry.
      Maybe if you read about the murder of this guy (http://news.bbc.co.uk/2/hi/uk_news/england/mersey side/4730559.stm) you can imagine what the family had to go through.

    2. Re:Potty mouth vs. murder by GOD_ALMIGHTY · · Score: 3, Informative

      It's a mistake to believe Amish peity is somehow more civilized or superior to the court system. Amish forgiveness cuts both ways, they also forgive their teenage boys who rape and molest their daughters. In fact daughters going to the outside world for protection from predators in their own community has resulted in retaliation against the victims by the community.

      Impressed by their piety, courts have permitted the Amish to live outside the law. But in some places, the group's ethic of forgive and forget has produced a plague of incest--and let many perpetrators go unpunished.

      Amish forgiveness has just as much chance for arbitrary tyranny as any other system. Only a rational, secular legal system can successfully remove arbitrariness from the social order you live under.

      --
      Arrogance is Confidence which lacks integrity. -- me
    3. Re:Potty mouth vs. murder by RexRhino · · Score: 2, Interesting

      Incest/rape is a boogy man. While it probably happens to a very small extent in all societies, it is against the social norm of virtually all societies and cultures for the last 500 years.

      However, rape, incest, and sexual deviancy fears are very useful to disparage a religion, culture, or group. From the old Nazi propoganda posters of charactures of "hooked-nose" Jews stealing away virtuous German woman, to the stereotypes in deep south U.S. about black men without sexual control, or the alternate stereotype of the inbred redneck, to the Communist propoganda about "Homosexual Capitalism"... over an over again you see stereotypes or generalizations about sex being used to disparage or spread fear about a certain group.

      There is absolutly no evidence that rape, molestation, or incest is any more common amoung Amish than any other group of people. However, Amish are a religious minority, and they largely exist outside the realm of government control, corporate consumerist advertising, and modern day "political correctness". As one of the last groups to resist becoming assimilated into the rest of society and to come under control of the power elite, there is an agenda to disparage them, to undercut peoples respect for their lifestyle, and for building popular support for the final destruction and assimilation of the Amish people. The people with that agenda, both in the government and the media have been spreading FUD about the Amish being a bunch of perverts, based on a handful of isolated cases that were not really any different than what happens every day to non-Amish people.

  6. Bizarre by 26199 · · Score: 4, Insightful

    It sounds like the guy needs help. Trolling is one thing, but trolling on website dedicated to the memory of a recently murdered teenager? Combined with the child pornography aspect, it's very worrying indeed.

    So how does locking the guy up help anyone? He may have problems but that doesn't mean he's dangerous now; conversely, if he is dangerous now, then he needs psychiatric help, not prison. In either case prison is not the answer.

    1. Re:Bizarre by Jugalator · · Score: 3, Insightful
      Trolling is one thing, but trolling on website dedicated to the memory of a recently murdered teenager?

      Yes, that's exactly what trolls in general do. Where else if they are most succssful there? It's the same thing when they troll here about Linux if it's a Linux article, or on an IMDb Star Wars original trilogy thread if it's about how good the original trilogy was. Just not as gruesome, but the very same philosophy behind it anyway.
      --
      Beware: In C++, your friends can see your privates!
  7. I sense a disturbance in the force by antifoidulus · · Score: 4, Funny

    as if millions of GNAA trolls screamed out in horror then were thrown in prison...

  8. hmm?? by macadamia_harold · · Score: 4, Funny

    The defending lawyer described her client as 'isolated and living in a fantasy world, spending hours on his computer in his room where his persona could be as he made it, good or bad.'

    How did she know that he read slashdot?

  9. Free Speech started with an idea... by ephedream · · Score: 5, Insightful

    "Hitler started with an idea, slavery started with an idea, so it is good that this was stopped in time."

    *Shudder*

    Eerie resemblance to "thoughtcrime"...

    1. Re:Free Speech started with an idea... by tomhudson · · Score: 2, Interesting

      It almost seems she is trying to link this to the death of her son, in that "this kind of thing" is directly responsible, as though the original murder all stemmed from people on the internet "being racist".

      Hate crimes ARE linked to incitements, whether on the internet or "in real life." How would you feel if someone was posting threat to you personally - because that was what this was - saying that "the family should be burned" is a threat directed to specific individuals.

      The reason people do this on the internet is because

      1. they can more easily get away with it, and
      2. they're more likely to get a reinforcing response

      I should explain the second point a bit better ... If you're standing in a room of 10 people, and you were to come out with a statement like "the family should be burned", you're not very likely to get anyone to agree with you. Try that on the internet, and if only 1 in a million agree, that 1 is still able to "add their voice to the fire."

      The guy did this because, he claims he "wanted to stir up discussion" and he's "not racist." The judge didn't buy it, and neither would most reasonable people. The guy's a racist, and like all racists, a jerk. While prison won't "rehabilitate" him, it might give others pause to reflect on the fact that their postings do real harm, and that we as a society really don't want his company.

      This isn't a free speech issue, just as you can't walk into a bank and say "This is a hold-up" and, if you don't get any money, claim that you didn't commit a crime and were just exercising your right to free speech. I'm sure you can think of other examples of "free speech" we don't allow - "How much for that bag of cocaine?" "Hey little girl, do you want some candy? Get in the car and I'll give you some." "If you don't give me a bj I'll cut you!"

    2. Re:Free Speech started with an idea... by gnasher719 · · Score: 3, Insightful

      '' The woman lost my sympathy when I read that. What an utterly ridiculous lack of perspective and scale. ''

      But of course. The most important thing for woman who lost her son in a senseless murder is to keep a sense of perspective and scale when some racist bastard tries to rub salt in her wounds.

    3. Re:Free Speech started with an idea... by RexRhino · · Score: 2, Interesting

      First of all, how would I feel? How DO I feel?

      First of all, Communists advocate violent revolution, and the murder of the Bougiouse class. I am petty-bougiouse, so I am definitly a target. Should Communist literature be made illegal?

      Second of all, there are people in England who praised the 9/11 attacks and said that there should be more attacks against Americans. I am an American, so I am a target for that. Should those people go to jail?

      Third, Borat ( http://en.wikipedia.org/wiki/Borat ), the sacha cohen character, is violently racist. He advocates throwing jews down wells, murdering uzbeks, torturing homosexuals, and stereotype Gypsies. It is, of course, humor... but since there is no disclaimer or warning letting you know it is humor and it is presented as being factual, isn't his hate speech likely to "incite violence"? Shouldn't he be punished for hate crimes?

    4. Re:Free Speech started with an idea... by SirWinston · · Score: 2, Insightful

      > saying that "the family should be burned" is a threat directed
      > to specific individuals.

      No, it absolutely is NOT, and that's why I'm disappointed that so many European nations don't draw the important distinction drawn in the U.S. "The family should be burned" is not a specific threat of or incitement to action, but a general expression of a thought or wish or fantasy. In the U.S., it would be protected free speech except if uttered under a threatening physical circumstance or said in the context of more specific threat-like statements. Basically, in the U.S. we make a legal distinction regarding the specific intent implied by these statements, while much of the EU doesn't:

      "The family should be burned." (generic and protected)
      "The family should be burned--let's burn them." (specific threat or incitement, not protected)
      "I wish the family would be killed, too." (generic and protected, except in certain contexts)
      "I want you to kill the family, too." (specific threat or incitement, not protected)
      "I want them to die." (generic and protected)
      "I want to kill them." (specific threat or incitement, not protected)

      Any child can tell you the differences between each pair of statements. It makes sense then that in the U.S., our legal system differentiates between each. It is offputting and wrong that some EU systems don't.

      --
      "It's a damn poor mind that can only think of one way to spell a word."--Andrew Jackson
  10. Bad Summary by Inverted+Intellect · · Score: 4, Interesting

    Bad submitter, bad!

    TFA doesn't say anything about what crime in particular he was jailed for, and his sentence may have been partly or completely due to his having 33 images of child pornography on his computer.

    TFA is also very lacking in details, and doesn't say anything about the reason for the search warrant, and the aforementioned lack of explanation for his sentence.

    1. Re:Bad Summary by Anonymous Coward · · Score: 5, Informative

      Read TFA:
      He was sentenced at Liverpool crown court to two years and eight months' in jail for the race hate crime and six months consecutively for the child pornography offences.

  11. Why stop at race? by physicsphairy · · Score: 3, Insightful
    Why not impose the same penalties for, oh, I don't know, "anti-capitalist speak." Oh, that's a bit familiar, isn't it?

    Regardless of what you think of hate speech, once the infrastructure for persecuting people on their thoughts/attitudes/opinions is in place it becomes quite trivial to make it encompass your personal/ideological enemies. All you have to do is redefine "hate."

    Anti-government speech --> anti-American speech --> hate.

    Anti-religion speech --> hate.

    Pro-religion speech --> hate. (look at verse X of book Y! so intolerant!)

    . . .

    Maybe it would would end up being more specific, or more round about, but what matters is that motivating ideology is now on the table as something that can be legislated for/against.

    1. Re:Why stop at race? by CountBrass · · Score: 2, Insightful

      Saying "Kill Physicsphairy" is different from saying "Kill all niggers" or "Send Jews to the concentration camps". The first is covered by laws against threatening behaviour, the latter aren't so they need the incitement to hate laws.

      --
      Bad analogies are like waxing a monkey with a rainbow.
  12. Not just the racial hatespeak. by Jboost · · Score: 2
    When he was arrested in September, officers also found 33 images of child pornography on his computer.

    Martin, from Maghull, Merseyside, pleaded guilty at earlier hearings to publishing material likely to stir up racial hatred and to making indecent photographs of children.

    He was sentenced at Liverpool crown court to two years and eight months' in jail for the race hate crime and six months consecutively for the child pornography offences.
  13. it's there too by Anonymous Coward · · Score: 3, Interesting

    It's available in Sweden too, labeled "racial hatred incitement" ("hets mot folkgrupp")...

  14. Sad Day in the UK by MSTCrow5429 · · Score: 4, Insightful

    The UK in recent years has been claiming the right to take away the freedoms of its subjects, despite the fact that it was once on the forefront of individual liberty. First, it banned guns, contradicting at least 400 years of common law, and now it's going after people for free speech. The authoritarians can invent a rationale for their tyranny against the people, but they'll never stop going after one freedom after another.

    --
    Slashdot: Playing Favorites Since 1997
    1. Re:Sad Day in the UK by smallfries · · Score: 2, Insightful

      Hello American. As a brit I like living in a country where guns are illegal - and the majority of people here agree with me. I like living in a country where any nutter can't walk into a supermarket and buy a gun. Do you know how many gun massacres we've had since the gun laws came in vs 'the land of the free'. Is that free to die because any loony has a right to weapons?

      The laws against inciting racial hatred are controversal, and complex. But why should racist speech be protected? You assume that authorities are stripping freedoms away from people, but you forget that not everybody wants to live in the same kind of land as you do. America is seen as a strange, nutty, violent backwater by the rest of the world. Maybe in time you will come to appreciate the same checks and balances that we have.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    2. Re:Sad Day in the UK by EnglishTim · · Score: 2

      I'm guessing that higher violent crime rates are due to a much higher urban population compared to the US, rather than gun control.

  15. In other news by drsquare · · Score: 3, Insightful

    There is a crisis as Britain's prisons are full...

  16. Re:Hate speech laws by quintesse · · Score: 2, Insightful

    Just to make this clear, nobody here goes to jail for saying "nigger". You might lose your job if you'd say it to a colleague, but this would be due to company policy, not because you broke any laws.

    Being obnoxious is not the same as "inciting racial hate" which has to go a LOT further than just say the "n-word".

    Of course the same way you like your freedom we tend to think there are limits to what you should be able to get away with. The fact is that in Europe there exist political parties whose only reason of existence seems to be to get rid of anyone who is "different". Unfortunately it has been shown that if there are people in the public eye who are allowed to spout dangerous ideas about foreigners and people of other races that there are listeners who feel empowered to do something about it themselves.

    So lots of European countries have limits on what you can say in public and most of those limits have to do with assuring the safety of the State and ALL of the people living under its protection.

  17. Re:All round nice guy by moongha · · Score: 4, Informative

    If you knew anything about the case in question, you wouldn't have any sympathy period.

    Anthony Walker was a nice black kid, waiting at a bus stop with a couple of white friends when a bunch of thugs starting shouting racist abuse at them. After they attempted to walk away from the abuse, the thugs chased then down, and murdered Walker by plunging an ice pick into his head.

    It was a shockingly brutal and unprovoked attack that shocked the vast majority of people in the country.

    Then less than a week after this happens, this guy anonymously posts on a memorial website that white people should celebrate the murder, that Anthony's family should be burned and made references to slavery and a "banana boat".

  18. Note to 'Free Speech!' activists by mvdwege · · Score: 3, Insightful

    While I am all for Free Speech, there is a limit when someone starts actually calling for murdering specific persons. According to TFA, the perpetrator posted in response to the killing of Anthony Walker, a black teenager:

    Martin suggested that white people should celebrate the murder, that Anthony's family should be burned and made references to slavery and a "banana boat".

    That's incitement to murder, hardly a category of protected speech.

    --
    "I know I will be modded down for this": where's the option '-1, Asking for it'?
    1. Re:Note to 'Free Speech!' activists by Jah-Wren+Ryel · · Score: 3, Insightful

      That's incitement to murder, hardly a category of protected speech.

      Only if there is a reasonable chance that it might actually incite someone to murder.

      Considering that the writer was essentially a random net.kook posting his "incitement" on a website specificly for mourning the death of a member of that family, it is extremely unlikely that he would have convinced anyone to go out and kill the rest of the family because of it.

      If just saying someone should be killed is incitement to murder, just about every talk-radio host would be in prison by now.

      --
      When information is power, privacy is freedom.
  19. Apathy + time = police state by Anonymous Coward · · Score: 2, Informative

    Is this sort of law universally accepted by people in the UK or is there any sort of sizable opposition to it?

    There is no sizeable opposition to any laws ever in the UK.

    As long as Brits can get to work without "leaves on the rails delaying the trains" in autumn, and can go out to the pub in the evening or switch on the gogglebox, they couldn't give a toss if they're shafted daily through the ass with a bulldozer.

    And that's why we are now living in a police state. Apathy.

  20. Re:Doing Time For Words by quintesse · · Score: 2, Interesting

    I don't know about the UK, but I never heard of any movement in Holland that wanted to get rid of this law.

    I must admit that I have no idea what you'd have to write on a website to get you in that much trouble, but I'm pretty sure that if you'd go around spreading leaflets about how the Holocaust was an okay thing to do and that we should in fact continue to send Jews to their deaths you'd wind up in jail pretty soon and most people would be relieved to have you off the streets.

    But of course I'm not The Dutch People so I might be wrong :-)

  21. Re:reputation? by thejam · · Score: 2, Interesting

    Huh? Maybe you're just trolling, but I'll try anyway. I'm in fact not trying to stop you from saying anything, but if it hurts, you shouldn't be anonymous. Yes, you can call me an idiot in the subway, but then everyone there sees you do it, as do I. If you do that a lot, people get to know what kind of guy you are, and will ignore you. That's my point: the payback for being a verbal dinkus is that no one will take you seriously. About the 16-year-old: that's physical, and currently illegal. About big brother protecting us from mean people: I'm not saying big brother should stop people from freely speaking garbage to unconsenting minors, etc., but that big brother shouldn't protect your anonymity you if you choose to do it. Basically, there are a lot of people that have suffered systematically from speech acts, like say, women and visible minorities, and for millenia.

  22. State enforcement of morals by nurb432 · · Score: 3, Insightful

    Is just one step worse then trying to legislate morals.

    Its my right to hate who ever i want, for any reason i want, AND to tell people about it. You dont like what i say? Then dont read/listen .. pretty simple. ( yes, i know , its all about state control of the population, but i dont have to agree with it )

    --
    ---- Booth was a patriot ----
    1. Re:State enforcement of morals by Detritus · · Score: 2, Interesting

      When you start telling people that I'm a subhuman and should be exterminated, I'm going to exercise my right to defend myself.

      --
      Mea navis aericumbens anguillis abundat
  23. How does locking someone up help by Tim+Ward · · Score: 4, Insightful

    We do have a bit of a problem with that in the UK. (This is a general comment, without reference to the particular case under discussion about which I know nothing other than what has been in the news.)

    Once upon a time people who were unable to lead a normal life in society were locked up in mental hospitals. But we've closed all those and replaced them with "care in the community". This policy, which in fact is implemented as "neglect in the community", has a variety of outcomes for the people concerned.

    Some do actually cope with life on the outside (maybe they didn't need to be in the mental hospitals in the first place), with or without any extra support that they are lucky enough to receive. Some don't cope, and end up homeless and living on the streets, maybe dying of drug overdoses or exposure in winter. Some cope fine with keeping themselves alive but end up in prison because their behaviour, which they can't do anything about, is unacceptable to society.

    Prison is generally reckoned not to be a suitable place to keep these people locked up, as you say ... but we no longer have anywhere else.

  24. Re:Doing Time For Words by kirun · · Score: 3, Interesting

    There was a bit of noise made when the law was changed recently, as previously only racial groups were protected from hate speech, and this was extended to religious groups. The law was basically the government trying to salvage some Muslim votes after the Iraq war, rather than addressing an urgent issue - since we have in the UK a credible third party (the Liberal Democrats), a small swing of votes away from Labour to the Lib Dems as a protest vote can hand the seat away to the Conservatives - this happened at least in the Shipley constituency at the last election - the Tories took the seat from Labour even though the Conservative share of the vote was down.

    Back to the main point, the protest was quite high-profile, with several comedians claiming that it could stop them satirising religion (no more Monty Python and The Holy Grail, etc.). As it has happenes, religion is still (currently) satirised and criticised, despite the occasional violent protest.

    --
    I'm scared of numbers that can't be written as a fraction. It's an irrational fear.
  25. Free Speech and other silly ideas by cluge · · Score: 4, Insightful

    I may not agree with what you say, but to your death I will defend your right to say it

    - Voltaire

    A quaint idea in todays world.

    In the US if you were thinking the wrong thing at the time you commit a crime, your guilty of a hate crime. In France you can be charged with a crime for selling, and or distributing NAZI items. This UK example isn't unique to that isle. The ideal of free speech is being eroded, and nothing shows that more than the self censorship and reaction to the Mohammad cartoons.

    It causes myself to ask questions like -

    If we do not shun, or speak out against vile (but currently legal) speech, do we eventually loose the right to hear such speech because the state steps in?

    Why are we (as a society) so afraid of words and their potential impact? Are we so imature, violent and framented that speech alone will destroy the cohesion of our societey?

    While there are aspects of this case that seem to cry out for some attention, on the face of it, this guy committed a thought crime and is being sent to jail for it.

    cluge

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
  26. Well... by DanielNS84 · · Score: 2, Insightful

    I'm guessing the limit on the child pornography charge was 6 months so the judge, out of disgust, gave him the maximum on the inciting charge...we see things like that all the time in the states.

  27. incitement to violence by rs232 · · Score: 3, Interesting

    While such comments are totally unacceptable, the establishment does seem to be very selective in who they punish. For instance why are the people who made these statments not being locked up. Does political correctness only apply to white anglo-saxon protestants.

    "I believe the whole of Britain has become Dar ul-Harb (land of war)," the Syria-born Mohammed said. Therefore, "the kafir (non-believer) has no sanctity for their own life or property," - Omar Bakri Mohammed

    was Re:Crap, we have laws like that?

    --
    davecb5620@gmail.com
  28. Sensationalist Title by gamer4Life · · Score: 2, Informative

    This is what happens when editors don't do their job and actually *edit* the title to reflect what the article is about.

    The article says that the offender was charged with speech to incite murder. Not just hate, but calling upon other people to kill the remainding family members. In addition he also was charged with carrying child pornography on his computer.

    However, the title tries to incite the deep feelings of the /. community for protecting freedom of speech and thus all the responses are diverted away from the actual topic.

  29. Guns and speech by Beryllium+Sphere(tm) · · Score: 4, Informative

    The UK had hardly any gun control laws prior to about 1920, when the government began to worry about Bolshevik uprisings.

    Prior to that, there had actually been a history of private firearm ownership *and legal protection for same*. See an historian's book about UK/US firearm regulation history for details. The Glorious Revolution produced a charter of rights guaranteeing weapons posession (by Protestants only, but that's another issue). This is all well documented but almost forgotten.

    (Not to mention that our notions about using force in self-defense come from UK law).

    The US may be unusually devoted to free speech, but our reasons come from your own philosopher John Stuart Mill. For one thing, the arguments on the side of good (e.g. cooperation among racial groups) need to be refined and tested against counter-arguments to make sure they will convince people and thus improve society. For another, it's important to know how widespread racism actually is. Driving something underground only gives you the illusion of safety. For another, it's also good speech that can be unpopular. In 1830 you abolished slavery, after decades of abolitionists speaking against the "property rights" of slavers and calling them names. Fortunately the abolitionists were not suppressed for "hate speech".

    The US also has a problem that makes regulation of speech dangerous. Some people here are far too quick to label any criticism as being racist. Fallacious scientific research, objections to affirmative action, and references to the Mafia have all drawn allegations of racism. Hernstein and Murray deserve to be exposed as wrong, not to be imprisoned. Affirmative action may not be working the way it's supposed to and that's a subject that needs careful discussion to protect everyone's rights.

  30. Re:All round nice guy by Beryllium+Sphere(tm) · · Score: 3, Insightful

    It's the people who don't inspire any sympathy that wind up as test cases for free speech.

    The issue here is not whether people should sympathize with the troll, it's whether people should imprison him for three years. Of course he's contemptible. That can be different from being criminal.

  31. Die President Die by Virtex · · Score: 4, Funny
    Try makeing any untoward comments about your almighty presedent
    I hope the president dies! After he signed the order to have 100 good men and women killed by the cylons, I simply have no sympathy for him any more. President Baltar, I hope you get what's coming for you!
    --
    For every post, there is an equal and opposite re-post.
    1. Re:Die President Die by Wes+Janson · · Score: 2, Interesting

      I thought the number was closer to 200? Did they ever state an exact figure?

  32. Brandenbug v. Ohio by caveat · · Score: 5, Insightful
    Martin suggested that white people should celebrate the murder, that Anthony's family should be burned and made references to slavery and a "banana boat".


    That's incitement to murder, hardly a category of protected speech.

    Just calling for violence doesn't automatically exempt speech from protection - SCOTUS ruled in 1969 that "[f]reedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

    One can hardly argue that a posting on a web forum is an incitement to imminent lawless action - if he had been speaking at a rally of armed white supremacists who were already whipped into a race-hate frenzy, his ass would be hanging out in the breeze, but in this situation he would be untouched in the US. I doubt there would even be an investigation. One of the few good things left about this country - I don't agree with his beliefs; I find them downright repugnant, but I believe he has every right to express them and certainly don't think he's crossed the line in this case.
    --

    Facts do not cease to exist because they are ignored. - Aldous Huxley
  33. have you metamoderated lately? by Manmademan · · Score: 5, Insightful

    ah, but that's what the purpose of a metamod system is. If an individual truly IS a fanatic with an agenda, he/she will find themselves unable to moderate for much longer. Plus, if mods are browsing at -1 as they should be insightful comments unfairly modded down should be modded back up in short order.

    1. Re:have you metamoderated lately? by jamie · · Score: 4, Insightful

      That sounds nice in theory, but it would annoy so many of our moderators that they would waste their mod points just to get back to normal viewing. Or would uncheck the "willing to moderate" checkbox or just wouldn't log in at all.

  34. Re:Not Common Ground by 1u3hr · · Score: 2, Insightful
    o use law -- the threat of violence -- to forbid people from expressing hurtful opinions.

    These weren't "hurtful" in the sense of hurting their self esteem, but in the sense of threatening to kill them. Since their son had actually been killed by racist thugs, this wasn't something that could be ignored.

  35. No country had "Moral Authority" on any issue. by tshak · · Score: 4, Insightful

    See also Red Herring.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  36. Re:What happened to free speech? by fatphil · · Score: 2, Funny

    "they have no First Amendment in the UK"

    Why the heck would the United Kingdom need a First Amendment of the Constitution for the United States of America?

    FatPhil

    --
    Also FatPhil on SoylentNews, id 863
  37. Ah, the free society by Money+for+Nothin' · · Score: 2, Funny

    That damn Dubya! Always taking away the freedoms of Americans that us Europeans enj--

    Oh, wait...

  38. Re:All round nice guy by Ansoni-San · · Score: 2, Interesting

    The issue is not that his posts were appalling or offensive. The problem is that what he said was a real threat. This was even bigger than a death threat. This was posting a public notice calling all racists, telling them that the boy's death should be celebrated, and that they should murder the rest of the family. There was already a group crazy enough to stab the boy through the head for no reason, are you saying that there's no chance a group is watching this and wanting to make a public statement about "how they feel about black people" or whatever it is they want to say?

    Bringing free-speech into this is the same as saying "he just happened to say out loud that he'll pay such and such an amount to anyone who kills this certain person" and a hitman just happened to be in the room. Even in that case it could be partly forgiven if it was found that the person honestly didn't mean it and was speaking out of anger or frustration or whatever. But you don't make national, even global announcements by accident. You clearly knew what you were doing and it took too much thought to be a passing moment of jest. This racist prat deserved everything he got. In fact, he probably deserved attempted murder rather than just incitement.

  39. Socialists as bad as the Nazis by ConfusedSelfHating · · Score: 2, Insightful
    http://en.wikipedia.org/wiki/Cultural_revolution

    http://en.wikipedia.org/wiki/The_Killing_Fields

    http://en.wikipedia.org/wiki/Great_Purge

    I fully believe that 6 million Jews died during the Holocaust. However it seems that a lot of people want to deny genocide occurred under Communist rule. When you take both the actions of the Communists and the actions of the National Socialists into perspective, you come to the realization that the type of government not the beliefs of the government are responsible. Socialism is the belief that everyone would live in an egalitarian and peaceful world if there were not a small group of people who were conspiring to keep control. The Nazis believed that it was a race who were responsible and most Socialists are racially neutral. But the results are the same.

    You can't ban Socialist speech. If someone wants universal health care or the right to form a union, you can't throw them in jail. Yet we all have to acknowledge that if Socialists were to gain absolute power, they are capable of genocide. Just as a racist with absolute power would be capable of genocide. The key is to prevent anyone from gaining absolute power.

    Genocide requires that a government has complete control. It requires that it cannot be stopped by courts, demonstrations or free public speech. One of the key elements of any totalitarian society is the idea that no one can speak freely. All speech is government approved. To have free speech in a society is to undermine totalitarianism.

    1. Re:Socialists as bad as the Nazis by k98sven · · Score: 3, Insightful
      What a load of manure. Socialism is not Marxism is not Communism. Perhaps you should check out those wikipedia articles as well, and while you're at it try "Social Democracy", "Democratic Socialism", "Libertarian socialism" and "Social liberalism" as well.

      Of course Communism commited genocide. There's no large group of people claiming otherwise. I certainly haven't met any, even among self-proclaimed Marxists. I for one am not going to stand up and defend Stalin, Lenin, Mao, Pol-Pot and their ilk.

      But I will definitely stand up and defend both Socialism and Marxism from being associated with those guys. For the first thing: "Socialism" as a concept and term predates Marx by quite a good amount of time. There is nothing inherently totalitarian about the Workers movement, about government welfare, about socialized health-care or about unions. (Maybe you missed it, but unions were actually banned in Communist countries)

      Socialism is the belief that everyone would live in an egalitarian and peaceful world if there were not a small group of people who were conspiring to keep control.


      No it is not. That's a stereotyped and oversimplified view of Marxism. "Socialism" in it's broadest meaning is nothing more and nothing less than the opinion that the government should act (to whatever extent) to redistribute wealth from the rich to the poor. It's also strongly coupled to the Workers' movement, meaning support of demands for labor laws and fair working conditions, etc. In other words, the view that private property rights can sometimes (or always) be overridden in order to promote social fairness. (Now, Marx had his own definition. But anyone holding to that one is per definition a Marxist)

      To detail, Social Democracy was born out of Marxism, combined with the conviction that revolution would cause injustice. That socialist goals could be better achived through more moderate means. During the 20th century, they've also successivly abandoned quite a lot of Marxism. Most Soc-Dems don't advocate a fully planned economy anymore. Marx's historic and economic theories have been abandoned in general by Soc-Dems.

      You can't ban Socialist speech. If someone wants universal health care or the right to form a union, you can't throw them in jail. Yet we all have to acknowledge that if Socialists were to gain absolute power, they are capable of genocide.


      Why should I acknowledge such a blatantly false statement? Tell me, which genocides have occured in Social Democrat-ruled countries? I don't see how you can put Tony Blair in the same boat as Stalin. But by all means, if you think you can give an argument on how trade unions and universal health care ipso facto leads to genocide, I suggst you do so.

      Now, if you want to say that Communism sucks, that's fine. But if think the examples you cited are somthing advocated by Karl Marx, then you frankly don't have a clue what you're talking about, whatever you may think of his theories. If you want to claim that Marxism inherently leads to totalitarianism regardless, that's fine too - there have been cogent arguments to that effect. (E.g. Popper's Open society and its enemies)

      But don't be so utterly stupid as to confuse the whole Socialist movement with its radical factions. Because the extremes of all ideologies lead to totalitarianism. And you need to go look up "Fascism" as well You said it yourself - it's not the beliefs, it's the type of government. Or rather, it's the conviction that you hold an absolute truth.
  40. Re:Lock up racist government terrorists first by Scrameustache · · Score: 3, Interesting

    Would reading Huckleberry Finn also be a crime in Britain since it contains the N word and an aborted lynching scene?

    Reading a book with the word "nigger" in it (oh GROW UP already, it's just a damn word), is nowhere, not anywhere, not even close to being near what that jerk did. That jerk went on a board set up in support of a guy that was murdered and he claimed it was great, and the the victims' family ought to be murdered too.

    I'm pretty sure the point of the aborted lynching scene is NOT that all niggers must burn, and that you wouldn't make anyone genuinly feel threatened for their safety by reading your book.

    --

    You can't take the sky from me...

  41. Cannot "all agree." by RareButSeriousSideEf · · Score: 2, Insightful

    I heavily favor egalitarian ideals, but I'm sorry: Racism is a manner of thinking, an attitude. Tyrrany has its seeds in the idea that citizens' attitudes qualify as "problems" that the state needs to solve via criminilazition. The ideal of tolerance can be elevated in ways that are less threatening to a free society. China can call anything that glorifies democracy "incitement to violence" if you allow enough indirection in the definition of the crime.

    Incitement to violence is a legitimate thing to criminalize, but the ideal of a free society isn't compatible with loose construals thereof as was done here. A necessary (but not necessarily sufficient) test for guilt on this charge should be that violence was actually incited.

    All manner of horrors are committed by states in the name of "protecting the public," so we can't just say "well this instance may be a bit extreme, but we can all agree that the public needs to be protected," and by extension agree that the basic concept of outlawing hate speech is valid and only the implementation is left to quibble about. The concept is not valid, and the justifcation for it is more insidious than that which it purports to protect society from.

  42. Re:Seroius only if someone obeys by mangu · · Score: 2, Insightful
    Racial abuse is a serious problem, and you shouldn't need to listen to it if you don't want to.


    Exactly. If you don't want contact with racial abuse, you shouldn't browse sites that you consider racist. Words that may sound reasonable to some people will sound hateful to others. The problem with all "hate speech" laws is where to draw the line. Would you call Josef Ratzinger, a.k.a. "Benedict XVI", a racist? Many people in the Middle East would.


    OTOH, if there exists a critical mass of racists in a society, then the problem is real and it's a problem of the *community*, not of a dissenting voice. Racism is not a problem if there are only a few maladjusted people who are racists.


    Unfortunately, it's never the big leaders, the ones who have a real following, the Ratzingers and Ahmadinejads, who get jailed for "hate speech". Get a dozen followers and you'll go to jail, get a dozen million followers and you can say anything at all. The true crime is never "hate" speech, it's *minority* speech.


  43. No because it has flaws by Sycraft-fu · · Score: 4, Insightful

    For example I don't think that "overrated" gets meta modded. At least I don't recall seeing it in there. That also, perhaps not coincidentally, is what my posts tend to get moderated most often when they go against the groupthink on Slashdot. I like Windows so I make posts that are unpopular from time to time. So I'll find a post getting moderated up insightful or informative, and down as overrated. Only happens to the posts that go against the groupthink, when I make one propping up OSS, or some that simply deals with another topic I never find it happening.

    Basically people are modding it down since they disagree with what I'm saying, and I don't think meta moderation catches them.

    Even if it does, that's no guarantee, again because of the whole groupthink thing. If a bunch of metamods decide that they don't like what I said and give props to the overrated mod then nothing happens (supposing it even shows up).

    The system isn't bad, but it still has the problem that the quality of moderators is checked by other moderators.

    1. Re:No because it has flaws by bky1701 · · Score: 2, Informative

      Yes, overrated and underrated avoid metamod, but they also do NOT add/subtract from Karma, so it's kind of a half way.

  44. Re:Seroius only if someone obeys by MrHanky · · Score: 2, Insightful

    Well, the obvious difference in this case and Ratzinger's is the forum, or the function of the expression. Ratzinger wasn't speaking to Muslims to hurt them, he was speaking to a different group of people, and clearly quoting as an example (here's a translated excerpt). When a bunch of Muslims are offended by it, it's because they are manipulated, not because the Pope himself hurled abuse at them.

    I agree with you that there is a problem to where to put the line as to what can be said, and that's why I don't want a semantic limit to freedom of speech. I want to consider it functionally: You should be free to express any idea you want to, but not to harm people (you already have that 'shouting fire in the theater' rule). As someone who's taken his nick from South Park, I obviously don't consider this line as where something is merely offensive.

  45. The slippery slope; racist talk & outlawing bo by N3wsByt3 · · Score: 2, Insightful

    This is a copy of a post I made some time ago, but still is worth mentionning because it directly relates to free speech, of which, you will notice, I am a stark proponent in the finest (cough) libertarian sense :

    Well, this may be a bit off topic, but what the heck. I've just been out with some friends, and, as always when we get moderately drunk, we talked about politics, religion, philosophy etc. (when we are real drunk or when no babes are present, we usually talk about sex ;-)

    Well, anyhow, being all european, and all friends (birds of a feather) we fully agreed on a lot of topics. Israel, Iraq, USA, etc...opinions didn't differ much there. But then it came to a typical european concept of free speech, which, I presume, may strike USA-citizens as a bit weird. While, seen at large, we have the same concept of free speech as in the USA, this opinion, curiously, always seem to shift to a more restricted idea of free speech when it concerns things as racism. In this respect (one of the few, I might add), I think the usa concept of it is much more honest and fair. This has undoubtably to do with our historic heritage, notably WWII.

    I was argumenting that revisionistic books, as an expression of an opinion, should be allowed. Thus, not agreeing with the law(s) in most euro-countries, where such books are forbidden. To my astonishment, many of my friends agreed with this censorship, however. This is something I do not understand; you CAN NOT claim to be for free speech and expression of opinion, and then say "exept when it's *that* opinion". Allowing free speech only if you agree with it, but forbid it when you totally disagree with it, is not allowing free speech at all. I've tried to argument it, but it just didn't seem to get through to them; they started with the premise that it's wrong, and therefor it should be forbidden, whatever. The fact that this leads to hypocrytical contradictions was something they ignored too. One said: 'it's a fact, and thus it shouldn't be disputed' another said 'it hurts the jews'...but, are that, on itself, enough reasons to forbid an opinion? Is there a 'fact' so absolute, it can't be disputed? Can't anyone feel hurt be an opinion of another dude, and should we thus, forbid everything that someone claims is hurting their feelings?

    These arguments do not make any sense, and what's more, to forbid an opinion is EXACTLY what ultra-right wing or despotic governments would do with the opinions that my friends (and I myself) hold dear; that of being non-racist, etc. The difference is, they start with the presumtion that they (the idea they have about it) are right, and thus oposing views can be forbidden, while I think people are allowed to have racist opinions, even when I totally disagree with them... After all, that is EXACTLY what a dictator (or ultra-right-winged-government) would do, if he ever got the power: claim something is a 'fact' and forbid oposing views. The REAL difference, thus, between a democracy and a dictatorship is that that the one alows (or should allow) diffirent opinions, while the other does not. Thus, in conclusion, this is a treat, not of democraccy, but of a dictatorship, and unworthy to be used in a democracy, IMHO. It also shows that laws are not always justified, and, again IMHO, should not ALWAYS be regarded as an absolutism, something that should be followed blindly. (Of course, it happens to be my opinion that revisionists are telling crap too, but the point is I think they have a right to express that opinion).

    I got a bit worked up about it, really, because, after all, it restricts other people, because of the mere opinion of others, who think they have the right to forbid it (and have the power - which is the dangerous part, because; what if the power shifts?). Why am I writing all this? Well, because it made it clear to me again, why I'm doing all this trouble for a project such as Freenet. Sometimes, with all the tech babble and the problems and all that, I ask myself why I'm doing all this. And I gues

    --
    --- "To pee or not to pee, that is the question." ---
  46. Not all, and not really by phorm · · Score: 3, Insightful

    With exemption for the smaller local fish, such as mayors, etc, I - nor anyone in my social circle - have never personally had dinner with, shook hands with, met, or otherwise associated with somebody whom is or has been in the upper balances of government. Moreover, if I had, said person would be very unlikely to have had any time for me.

    Why? Because I'm not rich, famous, influential. I am a normal citizen, possibly about average financially for my age, but by no means wealthy nor powerful. Don't kid yourself that I am other common folk are on the same scale as most politicians in this manner, as most come from wealthy or otherwise heavily influencial and/or powerful families.

    The last time I heard of a more common man in government in this continent, it was after the people rose up and overthrew the existing government.

    As for making an example of somebody, believe it or not but that is part of what the criminal system does. Not everyone gets a speeding ticket, not everyone gets a prison sentence, but the possibility that one might is supposed to be part of the dissuasive factor in the system. No, jailtime might not make this individual a better person, in fact I'd side with "probably won't", but it may dissuade others with similar notions.

  47. IT IS NOT THOUGHT CRIME by phorm · · Score: 2, Informative

    Thoughtcrime is in your head. The premise was that cops with brain-scanners could read your mind as you thought seditious thought. This was out-load-and-person, in a public forum dedicated to the victim, calling for further violence against his family. I couldn't say yes or no as to whether the idiot who posted it was kooky enough to try something, or gather others, but I could see people such as KKK members and other gathering to this call.

    When somebody is stuffed in jail for thinking - just thinking - of something, then it will be thoughtcrime. When he's arrested for mentioning it to a friend or two, that's still a step beyond. When he posts on a FUCKING FORUM, visible to the world, and setup by the family's victim, it is not thoughtcrime. When the posting calls for violence against the family, it's can go beyond even hatespeak into the areas of conspiracy to commit murder (not used). You don't know if that's what the guy intended, I don't know, but personally I'm pretty damn happy that they slammed him before he ended up on front page news for following it through.

    3 years, there's a criminal system and that's the punishment it decided on. Maybe you can judge on that. If you think what the guy did, threatening the family in an area dedicated to the victim - akin doing the same at a funeral - is something he, or anyone else should be allowed to do, then I'd say the world outcome is no better than Orwell's. In fact, with the increasing amount of people desensitized to this sort of things, that's likely exactly you'll get.

    Regardless, it's not fucking thought-crime, at least not in the oft-quoted Orwell variety.

    Now some bastard may mod me down because I dropped an F-bomb too many times, but perhaps those who keep using the same b.s. cliches will at least learn WHEN they apply.

  48. Re:Mod me down, that won't stop the jihadi's rioti by Haeleth · · Score: 2, Insightful

    Britain's got a serious problem with Muslim whack jobs trying to take over the country.

    Only according to white-supremacist whack-jobs.

    Most of the Muslims I've known have just wanted to keep their heads down, work hard, and contribute to our society as much as they can without being targeted by racist mobs. If any of them are planning to lead a bloody jihad across the nation, they haven't shown much inclination yet.

    If they applied that standard to everyine, all the "kill the infidel" crap that gets posted to UK Muslim web sites would be prosecuted too.

    Uh, Abu Hamza got 7 years, remember? Radical Muslims are being prosecuted too. Hate speech is illegal regardless of what community you belong to, and Muslims aren't getting special treatment, whatever the racists might desire.

    As for the smug Americans sneering that we don't have proper freedom because we have chosen to outlaw certain forms of speech, I'll accept criticism on issues of freedom from Americans when they clean up their own act. Is three years in jail for hate speech really worse than life in jail for petty theft?