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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?


To: jttmab who wrote (140480)7/15/2004 6:05:54 PM
From: Neocon  Read Replies (1) | Respond to of 281500
 
Yes, even my penchant for deference has its limits, and I dissent on occasion.

"...the anticipation of violence does not justify prior restraint":

That is not quite true----

One of the unprotected categories of speech consists of so called "fighting words," that is, words which are likely to make the person to whom they are addressed commit an act of violence. Fighting words receive no First Amendment protection, because, like other unprotected categories (i.e. defamation, obscenity, etc.) They are not normally part of any dialogue or exposition of ideas. But, the Supreme Court today keeps this exclusion within narrow limits.

The fighting words doctrine originated in Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). The Chaplinsky ruling defined fighting words rather broadly. This doctrine included words which are likely to incite an immediate fight and words which inflict injury.


bsos.umd.edu

However, the Supreme Court rejected that argument, as it might apply to Skokie, despite the presence of over 5,000 Holocaust survivors in that town, with several times as many Jews, mostly relatives of the survivors, in the town:

Fifteen years later, in Skokie v. National Socialist Party, 373 N.E. 2d 21 (Ill. 1978), "an especially strong state case disallowed a ‘fighting words' rational even in circumstances of extreme provocation and targeted insult, despite Chaplinsky" (Van Alstyne 757). In this case, a Nazi group planned to demonstrate in front of Skokie Village Hall. Skokie is a predominantly Jewish community, and about 5,000 of its residents were survivors of concentration camps. Just before the scheduled demonstration, the village enacted several ordinances designed to neutralize the demonstration, including one forbidding the dissemination of any materials which promote or incite racial or religious hatred. "The Court argued that there was simply no principled way of distinguishing between this situation and speech that stirs listeners to unrest or anger, speech which was explicitly protected in cases like Terminiello" (Emanuel 462).

bsos.umd.edu

I consider this protestation of agnosticism ludicrous. This was not merely a challenge to sensibility, but a deliberate and flagrant threat to those who had suffered at the hands of those who were admired and emulated by the marchers. If it is not "fighting words" to rub the nose of Nazi survivors and their families in the symbols and rhetoric of neo- Nazis in their own backyard, I do not know what is. Additionally, that violence would result is more than speculative, it was practically guaranteed, without a very strong police presence to quell rioting.

Fortunately, the Nazis ended up in Chicago, instead of Skokie, despite the court victory, and the bloody mess never came to fruition.