European Courts Relating to Free Speech Research Proposal

Pages: 15 (4032 words)  ·  Bibliography Sources: 5  ·  File: .docx  ·  Level: College Senior  ·  Topic: American History

¶ … EUROPEAN COURTS RELATING to FREE SPEECH and DISCUSSING MEIN KAMPF or NEO-NAZI IDEAS or ORGANIZATIONS, COMPARING to U.S. APPROACH and DISCUSSING POLICY IMPLICATIONS

The objective of this work is to discuss cases in European courts relating to free speech and discuss Mein Kampf or neo-Nazi ideas or organizations, comparing to U.S. approach and discussing policy implications. "Mein Kampf" was a work written by Adolf Hitler and is a work, which incidentally was and still in banned for sale in Germany. There is an "ongoing struggle over this 'vile text'" according to Paschal (2001) in the work entitled: "Unbanning Hitler." Paschal states of this work in writing that it would likely "...Certainly, it would offend many survivors if Mein Kampf were to be on open sale in Germany. The question here is less about freedom of speech, more about the living nerve of survivors' sensitivity." (2001)

LITERATURE REVIEW

Freedom of Speech Following World War II

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The work of Kisatsky (2005) entitled: "The United States and the European Right 1945-1955" states that Nazi Germany's unconditional surrender "to Allied forces on 7 May 1945 inaugurated a decade-long occupation by German's conquerors. All four victor power - the United States, France, Britain, and the Soviet Union - resolved 'to destroy the National Socialist Party' and to bar 'more-than-nominal' Nazi Party members from public life." (Kisatsky, 2005) Stated top be the most "ambitious of all four occupation regimes in cleansing totalitarian remnants from postwar Germany" were U.S. forces that are stated to have "assiduously examined and punished thousands of ex-Nazis and collaborators, most notably in the high profile Nuremberg trails of 1945-49." (Kisatsky, 2005)

II. Freedom of Speech - the U.S. Approach

Research Proposal on European Courts Relating to Free Speech and Assignment

Kisatsky (2005) states that these undertaking "reflected an idealistic and sincere desire on the part of American leaders to cultivate democracy on the ashes of a brutal dictatorship" However, it was not very long until the U.S. "an idealistic and sincere desire on the part of American leaders to cultivate democracy. (Kisatsky, 2005) Kisatsky states that Klaus Barbie, Wernher von Braun, and Walter Dornberger, were all employed by the United States Army and incidentally all of these individuals were "wanted for war crimes." (Kisatsky, 2005) Kisatsky asks the questions of precisely what provides an explanation for what is an "apparent contradiction between the spirit and practice of American denazification?" Also asked is the question of "Why did the United States re-empower some servants of Hitler's regime at the same time that it officially punished and discredited others?" (Kisatsky, 2005)

Kisatsky states that the goal stated by the U.S. State Department was "to obtain the type of German nation which...will not again cause the United States to be plunged into war..." (Kisatsky, 2005) to this point in time, the Federal Republic had stood in resistance to both the 'extreme Right' and 'extreme Left' however the likelihood of 'irritating' Germany by the "protracted Allied control..." was described as an "unproductive emotion..." with the potential to "foster 'extreme natiotionalism'. (Kisatsky, 2005)

The recommendation of "Byroade..." As cited in Kisatsky's report came in the form of a warning next followed by the idea that the Western powers should completely hand across the reins to Germans enabling them to guide and direct the control of both "foreign and domestic affairs." (Kisatsky, 2005) This framework was constructed upon the conviction that the only method that the United States could ensure that power was retained by the West and that the global objective's of the major powers identified in this study was the convince the Germans "that they are equals." (Kisatsky, 2005) in fact, it is explained by Kisatsky (2005) that the U.S. effectively transformed the "former Nazi dictatorship into a reliable partner of the West. Denazification and related programs, helped expunge totalitarian practices and promote democratic governance."

Through the integration of Europe with German economics as well as Germany's military, the risk of World War III being started was effectively minimized through the enhancement of "mutual interdependence among the major Continental states." (Kisatsky, 2005) This is important since the goals of the United States were potential at risk to be "undermined by extreme nationalism." (Kisatsky) the U.S. has tended since World War II to have a policy stance that reflects the fear of both left- and right-wing extremism." (Kisatsky, 2005) the U.S. was in a battle with the 'international Left - understood to mean communism and socialism, which is stated to have "affirmed anticapitalist action as a means to social change -- on behalf of the Right, the worldwide agent of stability, which defended property rights and power hierarchies central to capitalism itself. Democratic rhetoric and ideology sometimes complemented this American "search for order," insofar as the free flow of wealth, goods, ideas, and technology apparently advanced "liberal-developmentalism" globally. However, U.S. leaders readily sacrificed lofty ideals to political expediency. This moral pragmatism resulted in American alliances with numerous authoritarian governments that used brutal, antidemocratic means to preserve an economic climate conducive to production and profit." (Kisatsky, 2005)

III. Chief Objective of American Policy & Central Goal of U.S. Power

The chief objective of American policy was not to defend political order, per se. Nor was it to promote anticommunism as an end in itself. The central goal of U.S. power was, quite simply, to perpetuate itself. By maximizing American influence overseas, the United States could enhance and defend its growth-based political economy at home. Where desirable conditions for investment already existed, policymakers worked to preserve continuity in economic and political relations abroad. Where indigenous conditions proved hostile to a U.S. presence, the United States readily engineered coups and other forms of destabilizing change in order to achieve a more hospitable climate. That American officials regularly sought occasion to remake societies abroad into acquiescent clients of the United States suggests that a search for opportunity, not order, drove U.S. foreign policy after World War II." (Kisatsky, 2005)

The Subcommittee on Intelligence Information Sharing and Terrorism Risk Assessment of the Committee on Homeland Security House of Representatives document entitled; "The Homeland Security Implications of Radicalization" (2006) states that 'radicalization' is a problem that is not new and neither is 'violent extremism' new. Radicalization is generally witnessed in male subjects and specifically young American Muslims who "become radicalized overseas" and the individuals in which "radicalization is predominantly homegrown." (Subcommittee on Intelligence Information Sharing and Terrorism Risk, 2006) it is stated that the attempts of Al Qaida to "broaden its appeal to English -speaking Western Muslims by disseminating violent Islamic extremist propaganda via media outlets and the Internet. " (Subcommittee on Intelligence Information Sharing and Terrorism Risk, 2006)

IV. Radicalization: Historically and Presently

It is stated that the 'key' to the success of stopping the spread of radicalization is identifying patterns and trends in the early stages." (Subcommittee on Intelligence Information Sharing and Terrorism Risk, 2006) the Internet is stated to be "a venue for radicalization of young, computer-savvy Westerners, both male and female, who identify with Islamic extremist ideology. An older generation of supporters and sympathizers of violent Islamic extremism, in the post-9/11 environment of increased law enforcement security, have migrated their radicalization, recruitment material, and support activities online." (2006) for those who have taught college classes, worked for a newspaper, and other such pursuits are concerned about 'freedom of speech'. It is related that between freedom and security exists a "balancing act...between civil liberties and the right to be safe or to expect to be safe. We know there are limits on free speech, that fighting words, for example, are not protected, libel is not protected, hate speech is not, or words that could lead to harm, to damage." (Subcommittee on Intelligence Information Sharing and Terrorism Risk, 2006)

V. FBI & Freedom of 'Speech' and 'Expression'

The work of Zechariah Chafee at Harvard Law School is noted and which is a work entitled: "Free Speech." The statement of Chafee that "your freedom to swing your arm ends where someone's nose begins" manages to "capture how we have to address the issue of freedom, of speech, civil liberties and the right to be secure and safe. Van Duyn of the F.B.I. states that the Federal Bureau of Investigation is "very aware of the rights of freedom of religion and also freedom of speech. That is why we focus our efforts on actual connections to terrorist activities and predication that there is activity and intent to harm the United States. However, we are not looking at any particular node or venue in particular. We are looking at the activities that occur there that would be reflective of some type of harm that is to be a plan for the United States." (Subcommittee on Intelligence Information Sharing and Terrorism Risk, 2006)

VI. Comparison of the EU & the U.S. On 'Free Speech'

The work entitled: "The U.S. Supreme Court and the European Court of Human Rights on Freedom of Expression" states that the U.S. Supreme Court and the European Court of Human Rights on Freedom of Expression: A Comparative Perspective on Substantive… [END OF PREVIEW] . . . READ MORE

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