From: Kai Becker (kmb@kai-m-becker.de)
Date: Wed Jan 29 2003 - 12:43:38 MST
Am Mittwoch, 29. Januar 2003 18:36 schrieb Lee Daniel Crocker:
> here have a very high bar: they have to prove that (1) the statements
> were false, (2) that the speaker knew or should have known that they
> were false, (3) that they were presented as factual (i.e., not
> parody or satire), (4) that actual harm was caused by them, and in
> the case of "public figures", (5) that there was actual malice in
> the speaker's intent.
The drawback of this is that persons like Fred Leuchter can publicly deny
the Holocaust or even that people were killed in german KZ. IANAL, but
IMO, this violates (1), (2), (3), causes significant emotional pain (4)
and intents to fuel hate and violence. German authorities may be a bit
too nitpicking about symbols and literature from that time (bavarian
state attorneys even tried to put Art Spiegelmanns "Maus" on the black
list). Perhaps a middle course would be best.
Kai
-- == Kai M. Becker == kmb@kai-m-becker.de == Bremen, Germany == "Any technology distinguishable from magic is insufficiently advanced"
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