I know things are bad in the USA right now, but news like these show that you still have your basic rights. This kind of song would not fly in any other country on Earth. No other country has Freedom of Speech laws strong enough to defend against insulting the police. There have been some people abusing their freedom in recent times cough Kanye cough, but for every loud nazi there are ten more excellent people whose right to speak should not be infringed!
> This kind of song would not fly in any other country on Earth. No other country has Freedom of Speech laws strong enough to defend against insulting the police.
I'm fairly certain you could do the exact same thing here in Canada. I honestly don't think it's as exceptional as you're making it out to be.
Canada has better defamation laws than most of Europe (as truth is an absolute defense), but the US puts the onus of proving falsehood on the plaintiff, not the defense, in cases concerning public figures. The US's freedom of speech laws are one of the few truly exceptional legal constructs we should be proud of. Most other good legal concepts the US has pioneered have been copied to similar or greater effect abroad, such as the ADA and worker's comp.
This wasn’t a 1A case, it was a civil defamation suit. He won because they failed to prove defamation, NOT because the judge threw out the lawsuit because of a violation of constitutional rights.
Separately: saying something shitty or unpopular that you disagree with isn’t someone abusing their rights to free expression. Expressing unpopular viewpoints that others consider abusive is exactly the point of such rights.
There’s a REALLY BIG reason it isn’t “freedom of expression, except for expressing racial hatred”, and it’s not because we like racism. Germany sometimes bans entire political parties that they declare unconstitutional. Now imagine that power in the hands of Trump. You can see what Putin did to Navalny for a preview.
Perhaps interesting here is that some of the things he said were definitely not defensible via "truth is an affirmative defense." But it's ultimately up to the jury, and they can also find him innocent because a reasonable person wouldn't be offended by outlandish accusations.
(Ultimately, though, they can find him innocent for any reason. If they decided he should walk because you can't legally offend cops, that's fine too.)
“walk” refers to criminal prosecution where the alternative is going to prison. This was a civil trial, he was not being prosecuted. The police, despite raiding his house, never charged him with a crime. He was not “found innocent” in a civil suit. He was innocent the whole time even if he lost this trial, it’s just a matter of monetary damage.
Opinion is not defamatory. Satire is not defamatory.
With public officials like police, even false factual statements are not defamatory unless you knew they were false and lied about it specifically to hurt them.
You make it sound like Germany bans political parties every other year.
Germany formally only ever banned two parties:
- Socialist Reich Party (SRP), 1952
- Communist Party of Germany (KPD), 1956
For context: The Federal Republic of Germany was founded in 1949.
There are current discussions about banning - or evaluating a potential ban of - the Alternative für Deutschland (AfD). If the ban went through (I think it won't), it would be the first in 70 years.
That’s just an example. Germany’s censorship (a violation of human rights to peaceful free expression) doesn’t just stop at political parties.
The fact that they are even discussing a ban of AfD shows how ridiculously dangerous such powers are when held by the state. The AfD is disgusting but until and unless they take up arms, speech is speech. “First they came for the racists, and I didn’t speak up because I was not a racist. Then they came for the publishers of violent video games…”
There is no power that you can give to the state that they will not eventually abuse at their convenience. It positively astounds me that Germans do not understand this, given the nation’s history.
Many state AfD Organisations are classified as Right Extremists that want to violate our constitution, that's because they discussed concrete plans of violating constitutional rights of citizens.
We already experienced what happens when you don't stop antidemocratic parties, and we don't want to run the experiment another time.
It astounds me that you don't understand this simple concept.
Also the US Administration currently is a beacon of free speech, threatening senators with the death penalty for reminding officers that they don't have to comply with unlawful orders
> This kind of song would not fly in any other country on Earth. No other country has Freedom of Speech laws strong enough to defend against insulting the police.
What? You have no idea what you are talking about.
> This kind of song would not fly in any other country on Earth. No other country has Freedom of Speech laws strong enough to defend against insulting the police.
What? There's lots of antifacist/rather left-wing music that heavily critizes the police and their work. Usually not the one police officer himself but rather the institution as being part of a state who behaves injust (is that a word? non-native here...). I think that's fine and is part of a democratic system.
