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German President Refuses To Sign Censorship Law
thetinytoon writes "German federal president Horst Köhler has refused to sign a law to block child pornography that passed Parliament earlier this year, stating that he 'needs more information.' In Germany, the federal president has the right to reject a law only if its passage violated the order mandated by the constitution, or if it is obviously unconstitutional — he can't veto a law simply because he disagrees with it. The law was passed under a coalition government, but a different coalition took power before the law reached the president's desk. Political observers guess that the political parties would like to get rid of the law without losing face, but since it has already passed the Parliament, they can't simply abandon it."
This is a censorship law pushed through legislation smartly framed as "Blocking Child Pornography." So, when the question comes up, are you against or for child pornography? Of course, the correct question is, are you for or against blanket policy allowing government censorship of the only free/cheap mass information medium in the world under the pretense of protecting children?
And, in the realm of censorship, Germany seems to have the most sense (amongst Western nations incl. U.S. and England) , probably having already gone through the fiery blindness of mad political rampage in the past.
For more on framing and how it defines the political scene (esp. in the U.S.) check this interview with George Lakoff, professor in linguistics. Here's a list of his lectures on YouTube.
To make this clear:
The coalition in Germany has changed, yet the Christian Democratic Union (CDU) which is the major part of the present coalition (CDU + FDP) also participated in the last coaltion (2005-2009) consisting of the SPD (German Social Democratic Party) and the CDU. The law was initiated by the CDU (without opposition from the SPD, to be true, but also without much enthusiasm) and they really did their best to have it passed.
The same people who initiated it are now trying to stop it - not because they suddenly came to their senses, but because they wanted it so bad they fucked it up. They still want it, they just have to make a better (more in line with the German constitution) attempt. If they don't stop it now, it is likely that it will fail in the court (Federal Constitutional Court), which will make it harder for a seccond attempt (and cause more negative publicity).
The Federal President is also ideologically associated to the CDU (although he is not allowed to be part any party), and he would be part of it, if he hadn't been elected as President. He won his election because of the support he got from the CDU. So he, too, didn't develop some common sense but is just helping his mates.
The idea that the president can't veto a law, and that the only checks against parliamentary power are the constitution itself kind of bugs me a little. The German system in general bugs me a little I suppose, because I place such high value in free speech and things Germany apparently values differently.
Well, we had a few problems the last time one person had to much power...
The highest value according to the German constitution ( http://www.iuscomp.org/gla/statutes/GG.htm ) is human dignity:
(1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
One result of this value system is that the highest German court ruled that it is against the constitution to fire on captured civilian airplanes, even if this action could save lives:
http://en.wikipedia.org/wiki/Luftsicherheitsgesetz
The German President is mostly a figurehead. Sort of like the Queen of England. Supposedly serves to preserve tradition, unity, and all that rot. The person with de facto executive power is the Chancellor (think of him as the Prime Minister).
Unlike France and the US, Germany doesn't have a presidential democracy. Moreover, the German President is not directly elected by the people but by a group of electors called "Bundesversammlung", which itself (unlike the electors in the US) is NOT elected by the people, but nominated by parties in the Parliament (Bundestag). So, the German President's legitimacy is weaker than that of a French or US president which is elected much more directly by the people. Think of the German President's role as a kind of emergency fallback, in case the Government was disabled... or goes crazy (it's all clearly defined in the German Basic Law). The reason for this strange setup is historical: those who drafted the German Basic Law were still under the impression of the disaster that an almighty Fuehrer (Hitler) can cause, and wanted to curb Government's power a little bit, without giving too much power to the President either. Furthermore, they were also deeply distrustful of the People (who voted NSDAP a decade and a half ago, let's not forget that), so they added a level of indirection in the election of the President. Take all this together, and you can understand German Basic Law a little better. It's still strange, though.
cpghost at Cordula's Web.
Hello,
Allow me to introduce you to the concept of sarcasm. It will probably surprise you to learn that people sometimes say things that are obviously false in order to demonstrate the absurdity of the statement. Sarcasm is fairly common on the internet, and if you have been online for more than a few days, you likely have encountered it already in other forums.
I also suggest you do some reading on verbal irony so that you may partake in discussions such as this one without embarrassing yourself further.
First of all I wonder why you always use the term "censorship" if it is clearly not appropriated?
The law is about blocking a web site, that was found distributing child porn.
Not quite. The law is about establishing a nationwide site-blocking infrastructure at ISPs. Which sites are to be
blocked is supposed be decided by the BKA (federal police - roughly comparable to the FBI) without involvement
of a judge or any further oversight, and of course the blocking list is to be kept secret, because it could be misused
as a "shopping list" by evildoers.
Additionally, the first version of the law had a logging provision, where the detection of somebody trying to access
one of those blocked sites would be probable cause for investigating the person for certain crimes. I believe this was dropped,
but you get the idea...
This law is about much, much more than just child porn.
As others have said, the German president is mostly a figurehead and the real executive power lies with the chancellor.
In the German system, there are three checks against an overzealous parliament: First, the president can refuse to sign a law as has happened here, but only for a very limited set of reasons.
Secondly, many laws require to be passed by the Bundestag (upper chamber of the parliament, made up of elected members) AND the Bundesrat, the lower chamber that is made up of the executives of the German states. (Remember that Germany is a federation of states just like the US.) The Bundesrat just held up the EU-US SWIFT deal, so it appears to be working as a check.
Finally, there's the constitutional court which can be called upon by certain constitutional institutions directly or indirectly by anybody as a court of last appeal (not really, but it works that way in practice.) The court actually has a very favorable view in Germany, because it has reigned in some of the excesses of the parliament, however there is a growing concern that lawmakers just keep throwing shitty laws at the court that it will fold eventually.
Free Manning, jail Obama.
I googled it and it looks legit... here is a more specific attribution:
Mein Kampf, Adolf Hitler, Publ. Houghton Miflin, 1943, Page 403
Very insightful quote... thanks to OP for bringing it up.
Do what thou wilt shall be the whole of the Law
Cute, but with many eyes all fakequotes are shallow:
http://sydwalker.info/blog/2008/12/08/having-fun-falsifying-history/
"This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
That's not an accurate quote. The second part is actually by a rabbi, and presumably isn't an endorsement of such a tactic.
"The state must declare the child to be the most precious treasure of the people." --Adolf Hitler
"As long as government is perceived as working for the benefit of children, the people happily will endure almost any curtailment of liberty." --Rabbi Daniel Lapin
Source: http://www.restoreliberty.com/ch5children.htm
Property is theft.
It actually is a different translation. A worse one, IMHO. But the GP's quote is fake. The real one is about eugenics, not censorship. Here it is:
entropy happens
Actually he mixed two quotes, one by Hitler and the other by a Rabbi of all people. The first part "The state must declare the child to be the most precious treasure of the people." is Hitler and the second part "As long as government is perceived as working for the benefit of children, the people happily will endure almost any curtailment of liberty." Is by Rabbi Daniel Lapin.
Here is my source with the relevant quotes at the top of the page. Scary to think that even back then the "think of the children" liberty snatch was in play. Scary shit.
ACs don't waste your time replying, your posts are never seen by me.