“Hearing hateful words and ideas outrages and discomforts most of us, but Mchangama’s history of free speech underscores that state suppression can grant those words and ideas more power and influence. And that the best antidote to hate in a free and open society is not to hide from it but to openly—and persuasively—confront it.”
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“In the 1920s, Germany’s Weimar Republic strictly regulated the press and invoked emergency powers to crack down on Nazi speech. It censored and prosecuted the editor of the anti-Semitic Nazi paper Der Stürmer, Julius Streicher, who used his trial as a platform for spreading his views and his imprisonment as a way of turning himself into a martyr and his cause into a crusade. When the Nazis took power in the early ’30s, Mchangama stresses, they expanded existing laws and precedents to shut down dissent and freedom of assembly.
Contemporary scholarship suggests that there can be a “backlash effect” when governments shut down speech, leading otherwise moderate people to embrace fringe beliefs. Mchangama points to a 2017 study published in the European Journal of Political Research that concluded extremism in Western Europe was fueled in part by “extensive public repression of radical right actors and opinions.”
In 1965, the United Kingdom passed a law banning “incitement to racial hatred,” but one of the very first people prosecuted under it was a black Briton who called whites “vicious and nasty people” in a speech. More recently, Mchangama notes that radical feminists in England “have been charged with offending LGBT+ people because they insist there are biological differences between the sexes. In France, ‘an LGBT+ rights organization was fined for calling an opponent of same-sex marriage a ‘homophobe.'””
https://reason.com/video/2022/02/26/why-hate-speech-laws-backfire/