• Efwis@lemmy.zip
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    1 year ago

    Wish the US would do that. Being lgbtq+ is not a disease, but the hatred towards the community is. YOU CAN’T TURN LGBTQ+ FROM SEEING IT OR READING ABOUT IT. AND IT IS NOT A MENTAL HEALTH CONDITION.

  • Awoo [she/her]@hexbear.net
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    1 year ago

    If you scaled this up for all variants of hate speech it could be a simple and effective method of imprisoning a lot of people that make up the right. Since pretty much all reactionary thought is based in oppressive hierarchies if you simply make it illegal to be phobic of everything you can solve almost all of it. They’d try to do it through degrees of abstraction like “states rights” dogwhistles but I don’t see why you shouldn’t make abstraction illegal either, everyone can see it for what it is as a means of sidestepping.

    Shit this isn’t a funny comment so for balance I’ll also say without theory the dream of the oppressed is to become the oppressor.

    • Owl [he/him]@hexbear.net
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      1 year ago

      don’t see why you shouldn’t make abstraction illegal either

      I know you mean abstracted versions of hate speech, but the idea of a government outlawing abstraction in general is extremely funny

      • Awoo [she/her]@hexbear.net
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        1 year ago

        Why? Hatespeech causes death and a measurably large quantity of it. Treating it with the seriousness of the consequences it creates is in fact sensible.

        This has several benefits, it prevents the politicians from using it as a weapon, since they can’t actually say anything homophobic without imprisonment.

        In the longterm you do re-education instead. But this is perfectly good in the interim.

        • ewichuu [she/her, they/them]@hexbear.net
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          1 year ago

          Isn’t hatespeech something planned before hand? targeted towards a specific person or group? that obviously should be punishable, or if you have a huge audience and platform and share hateful stuff, then I definitely agree

          but something laxer like a conservative grandma complaining about gay people on her personal facebook and things like that, i wouldn’t think she deserves to go to jail

          • silent_water [she/her]@hexbear.net
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            1 year ago

            Isn’t hatespeech something planned before hand?

            neither is manslaughter. reduced or stayed sentences make sense but it’s still best to stamp it out.

            • ewichuu [she/her, they/them]@hexbear.net
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              1 year ago

              all manslaughter results in the same horrible effect, but in terms of hate speech I think there’s a huge difference between a big influencer making a hitpiece and a conservative weirdo complaining to his family or his single digit follower count, the damage is nowhere near the same, and punishing so severely something like the latter case might have the opposite effect and only increase the hatred

              • silent_water [she/her]@hexbear.net
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                1 year ago

                all hatespeech also has the same effect: driving political minorities out of public life, building the base for fascism to grow its roots. it’s the degree of harm that varies, not the kind. so the severity of the response should also vary but a socialist society should absolutely outlaw hatespeech, just as it should expropriate private property. reeducation should absolutely follow for everyone but committed fascists. bigots should be afraid to spew their bile. is it harsh? absolutely. but as someone who’s personally been chased by a group of bigots screaming slurs with the obvious intent to beat me, allowing them to move openly only helps them build power and enables precisely those sorts of attacks.

                • ewichuu [she/her, they/them]@hexbear.net
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                  1 year ago

                  If you believe the severity should vary on the degree of harm caused by the hate speech, then we mostly agree on everything

                  I would say I’ve been harrassed for being queer a lot of times and I’ve never seen a bigot be afraid, threats and punishment just make them feel vindicated sadly

                • ewichuu [she/her, they/them]@hexbear.net
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                  1 year ago

                  If you believe the severity should vary on the degree of harm caused by the hate speech, then we mostly agree on everything

                  I would say I’ve been harrassed for being queer a lot of times and I’ve never seen a bigot be afraid, threats and punishment just make them feel vindicated sadly

              • GarbageShoot [he/him]@hexbear.net
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                1 year ago

                I think they are being a little unserious. Maybe they’re in a mood or something. I don’t think this approach would increase hatred except to the state, but you would also literally have most of society in prison, so . . .

                • silent_water [she/her]@hexbear.net
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                  1 year ago

                  the more serious answer is that you suspend the sentences for minor offenders and attempt to rehabilitate them. repeat offenders need to be separated from society with more intensive reeducation. but the threat needs to be there to prevent them from organizing against the state by stoking latent bigotries.

            • ewichuu [she/her, they/them]@hexbear.net
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              1 year ago

              fear doesn’t work with bigots, fear makes them more extreme, all the escalations in hatred they’ve done is because they manufactured something to be afraid about, like conspiracy theories and made up panics, they should be stripped of their power to do harm, so their platform, but more severe punishments would only give them an even bigger narrative to boast about I think…

            • ewichuu [she/her, they/them]@hexbear.net
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              1 year ago

              I think they’ll just say the hate speech where they know people who’d report it can’t hear them and their hatred will grow because they’ll get to feel like opressed victims and make up conspiracies about the gay world order and whatever. Or they’ll save the hate speech and commit more horrible crimes without any traceable precedent if lax stuff will get them jailed anyways

      • rubpoll [she/her]@hexbear.net
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        1 year ago

        First Amendment fans when someone is arrested for perjury: 🙂

        First Amendment fans when someone is arrested for making a threat: 🙂

        First Amendment fans when someone is arrested for conspiracy to commit murder: 🙂

        First Amendment fans when someone is arrested for blackmail: 🙂

        First Amendment fans when someone is arrested for lying to the shareholders: 🙂

        First Amendment fans when someone is arrested for saying that we need to kill all the gays because they’re grooming children: 😡😡😡

        • ewichuu [she/her, they/them]@hexbear.net
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          1 year ago

          for those with a lot of power like those in the daily wire, for me prison is definitely way too little, those people are extremely evil and vile and their words have killed many innocent lives, but to have that exact response for every bigot as if they cause the same amount of harm feels like an overreach…

      • SoyViking [he/him]@hexbear.net
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        1 year ago

        A socialist system of justice would be focused on treatment and rehabilitation. Most minor offenders would probably receive a suspended sentence and not have to do jail time as long as they followed the conditions of their probation.

        As for repeat offenders and propagandists there has to be an effective deterrent to prevent them from endangering targeted minorities.

  • AernaLingus [any]@hexbear.net
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    1 year ago

    Article (cute detail: when you highlight text the paragraphs are rainbow-colored flag-gay-pride)

    Full text

    Homophobic slurs now punishable with prison sentences in Brazil, High Court rules

    A near-unanimous ruling in a Brazilian High Court has ruled that homophobic hate speech is on the same level as racist hate speech – and is punishable with a prison sentence.

    A 9-1 ruling handed down through the Supreme Federal Court (STF) on Tuesday (22 August) ruled that homophobia is a crime, much like other forms of hate speech.

    Lead judge on the case, Justice Edson Fachin, said in his ruling that protecting LGBTQ+ citizens under the law was a “constitutional imperative.”

    Article 20 of the Brazillian Penal Code states that practising, inducing, or inciting discrimination “based on race, colour, ethnicity, religion, or national origin” is punishable by one to three years in prison and a substantial fine.

    Other hate speech protections already imposed in Brazillian law extend to HIV-positive individuals. Those found guilty of discriminating against HIV-positive people can face one to four years in prison.

    Judges had previously ruled in 2019 that homophobic hate speech is a crime equivalent to racism, but earlier decisions pertained to the LGBTQ+ community as a whole rather than attacks on specific individuals.

    The ruling, which was brought by the rights group ABGLT, means that those protections will be extended further.

    ABGLT argued that, because Brazil’s legislature separately defines hate speech against a group, which it calls a “crime of racism” and hate speech against an individual, which it calls a “crime of racial injury,” LGBTQ+ citizens were not currently protected.

    The only judge to vote against the request, minister Cristiano Zanin, argued that to recognise homophobia as a “crime of racial injury” was not relevant to previous rulings.

    Brazil is considered to be one of the most dangerous places in the world for trans people according to the rights group Transgender Europe.

    Statistics show that 1,741 trans people have been murdered in the country between 2008 and 2022, with 228 murders of LGBTQ+ people in Brazil in 2022 alone

  • betelgeuse [comrade/them]@hexbear.net
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    1 year ago

    What a slippery slope. First I can’t dehumanize other orientations, what’s next? Not being able to dehumanize other races? Other ages? Other body types? Where does it end?