Summary
Australia has enacted strict anti-hate crime laws, mandating jail sentences for public Nazi salutes and other hate-related offenses.
Punishments range from 12 months for lesser crimes to six years for terrorism-related hate offenses.
The legislation follows a rise in antisemitic attacks, including synagogue vandalism and a foiled bombing plot targeting Jewish Australians.
The law builds on state-level bans, with prior convictions for individuals performing Nazi salutes in public spaces, including at sporting events and courthouses.
I don’t think this behavior should be socially tolerated; however, I don’t think it’s a good idea to police it through the use of governmental force.
well put. i still thoroughly disagree with you, mind, but this comment clicked my understanding of this argument.
Would you mind outlining why?
Oh it absolutely is.
If you don’t think it should be socially tolerated, then great, regulations are how we enforce social tolerance in a manner that isn’t just “I don’t like you, please stop, but also I won’t do anything to you if you keep doing it.”
Furthermore, and this is something you’ll probably see brought up a lot when using that talking point, there is a paradox of tolerance that cannot be avoided when it comes to issues like Nazism. Nazi rhetoric is inherently discriminatory and intolerant. If you allow it to flourish, it kills off all other forms of tolerance until only itself is left. If you don’t tolerate Nazi rhetoric, it doesn’t come to fruition and destroy other forms of tolerance.
Any ideology that actively preaches intolerance towards non-intolerant groups must not be tolerated, otherwise tolerance elsewhere is destroyed.
(This mini comic explains the paradox well, as well.)
Do we really want to mandate jail time though? It seems like maybe fines would be effective? I’m not in favor of inventing more ways to fill up for-profit prisons with non-violent offenders.
Fines are generally not as effective as we’d like, because fines only affect the poor. If you’re wealthy, a fine is nothing to you. If a working class person espousing Nazi ideology were to be fined, say, $10,000, that could possibly make them bankrupt. If Elon Musk was fined $10,000 every time he said something directly aligned with the Nazis, he’d still be a multi-billionaire.
Now, sure, we can adjust fines as a percent of income, for instance, which helps, but generally speaking, the loss of autonomy (imprisonment) discourages bad behavior more than the loss of money, thus it tends to be a better way to prevent given behaviors from occurring.
I understand, and I agree to an extent, but I think if the problem is the for-profit prisons, we should focus on not having for-profit prisons, rather than not prosecuting what should be crimes just because the current prison system is quite bad.
Nazis are inherently violent. They may not directly harm an individual, but the ideology revolves around harm coming to other groups. (e.g. how the Nazis killed Jewish people, advocated for the death of homosexuals, etc) When someone supports Nazism, they directly support an ideology that effectively mandates the death of many.
In the same way that I believe health insurance CEOs should be considered murderers when they deliberately implement bad algorithms that deny claims for the sake of shareholder profit, even though they didn’t directly cause a death, I believe that people who support ideologies that can lead to the death of many should be treated maybe not as someone who has done a murder, but as someone who allowed the means for a murder to happen, knowingly, gladly, and deliberately.
I would like to reiterate that I am not advocating for tolerance. It’s quite the contrary. I am advocating for very vocal intolerance of these groups and their behaviors. It is simply my belief that governmental force is not a necessary means to this end, not to mention that it is incompatible with the ideas of liberalism [1], which I personally espouse.
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Saying we shouldn’t police those behaviors is actively stating that you want to tolerate them, just via legal means rather than solely social ones. You say you don’t want to tolerate them socially, but when it comes to any actual legal intervention, suddenly, they should be tolerated. If saying they shouldn’t be stopped using the force of law isn’t tolerating the behavior more than saying we should stop them using the force of law, then I don’t know what is.
Then you should reconsider your ideology. If your ideology allows Nazis to face no legal consequences for being Nazis, while you simultaneously state that you don’t believe they should be tolerated, then you hold mutually contradictory views.
If you don’t think their views should be tolerated, you should support actions that prevent their views from being held and spread. If you don’t do that, then you inherently are tolerating them to an extent.
I think you’ve made a fair point. I think, in this case, it depends on how you are defining freedom of speech [1.1]. Freedom of speech doesn’t negate one’s freedom of association [1.2]; it simply states that one should be free to express themselves without fear of censorship [2]. Censorship requires active suppression of speech [3[4]]; I argue that if one chooses to not associate with someone, they aren’t actively suppressing their speech. So, more to your point, allowing the nazis to express their opinions is an exercise of freedom speech. Being intolerable of nazis is an exercise of freedom of association (eg choosing to not associate with them) and freedom of speech (eg vocalizing one’s distaste of them).
All that being said, this makes me consider whether, philosophically, one’s political positions also apply to how one personally behaves. I think it could be said that one’s political philosophies derive from one’s personal morals.
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I support social actions that prevent their views from being held and spread.
This is a loaded statement — it depends on what you mean by “being Nazis”.
Yes, I agree that not using governmental force would be more legally tolerant — as you mentioned above:
(referencing your other comment for consolidation purposes)
So what we’ve established is that:
Your stance is categorically "I don’t think Nazis should be able to say the things that make them Nazis, and I’ll be mean to them about it and hope businesses shun them, but I won’t actually stop them from doing that."
So, what is your reasoning for why they should be shunned socially, but not legally? Why is it more beneficial to allow them to say specifically what they say, as opposed to preventing that by force?
Liberalism has proven ineffective at keeping fascists out of power I say we do something else.
If I understand you correctly, you are saying that you think the current government (USA) is fascist. If so, would you mind describing exactly why you think that? Do note that I’m not disputing your claim — I’m simply curious what your rationale is.
I think a more forceful alternative could be being something like “I wont allow you into my place of business”. I think one could also encounter issues with finding employment, or one could lose their current employment. Social repercussions like that can be quite powerful imo. I think the type of tolerance that’s damaging is the complacent/quiet type where one simply lets them be without protest.
Ah yes, not letting Nazis buy from a business, at the business’s will, dependent on every single individual place of employment all knowing they’re a Nazi and actively choosing to deny them business and employment, as opposed to… just locking them up so they don’t have a chance of their views being spread in the world. Truly, the “more forceful alternative.”
I only meant more forceful than your only stated possibility:
Okay, let’s throw that out then, and look at this objectively. Social shunning or unemployment does not discourage something more than imprisonment, because not only does imprisonment do all of those things, it also restricts individual autonomy altogether, and is thus a more harsh punishment than just denying someone business or employment. Stating that businesses rejecting Nazis will somehow be more of a punishment than arresting them is quite irrational.
Especially when you consider that businesses look out for what will make them the most profit, not what’s socially right/wrong. If the Nazis had more money than the non-Nazis, then substantially less businesses would do anything to stop them, whereas ideally, the law doesn’t care how much money you have, and if you break it, you go to jail. Obviously the wealthy are able to skirt many regulations using money, but there are many that they can’t. If a billionaire stabs someone in broad daylight, they go to jail regardless.
Hm. Your statement “If the Nazis had more money than the non-Nazis” is an important distinction; however, I think it also crucially depends on the distribution of nazis throughout the populace (assuming the society in question in governed by a majoritarian democratic system). The statement “If the Nazis had more money than the non-Nazis”, I think, infers the potential of monopolistic behavior in that ownership of the market becomes consolidated in the hands of those who are nazi-sympathetic. In this case, assuming the nazis were a minority of the populace, the government would step in as it must prevent monopolistic market behavior to ensure fair market competition [1]; however, if the nazis were a majority of the populace, I fear the argument is moot as they likely would be the ones creating the laws in the first place [2], assuming they had a monopoly on power (as if they didn’t, it’s plausible that the minority with a monopoly on power would revolt), and I think it would be plausible that they would create a market regulating body that is favorable to nazi-sympathetic entities.
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My thoughts exactly. I have absolutely no sympathy for Nazis, or anyone else who thinks mass murder and genocide were good policy. But one of the things that makes a free society different from Nazi Germany, is free expression. If we limit free expression to only things the people in charge want expressed, no matter how noble the intent that starts us down a very dark path very quickly.
The way we fight Nazis and racism is not by beating them up or jailing them. It’s by teaching each other and our children why they are wrong, by learning and understanding what it is like to have racism directed against you. And thus, we defeat racism not with force but with empathy.
As far as I’m concerned, this is the sort of policy that would make Hitler proud. It’s the sort of policy that would be enacted in Nazi Germany, or Soviet Russia.
How well did that work out for us this time? We have concrete evidence that this is not enough and that we need to try something else at this point.