'Denying' the Holocaust is finally a crime in Italy

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'Denying' the Holocaust is finally a crime in Italy

Postby phdnm » 3 years 6 months ago (Thu Jun 09, 2016 7:26 am)

“By approving this law, parliament intends to tackle the most subtle forms of racial defamation, xenophobia, anti-Semitism and incitement to hatred,” Chiara Gribaudo, the Democratic Party vice-president of the house, said.


Anti-Semitism :roll:

We know ...

Holocaust denial is a form of anti-Semitism, positing that Jews have concocted a giant myth for their own ends.


Deborah Lipstadt

http://www.bbc.co.uk/history/worldwars/ ... s_01.shtml


Denying the Holocaust is finally a crime in Italy


09 Jun 2016

The Italian government has approved a law punishing incitement to racial hatred, including denying the Holocaust and crimes against humanity, with prison sentences of between two and six years.

The bill was passed by the lower house of parliament on Wednesday night.

“By approving this law, parliament intends to tackle the most subtle forms of racial defamation, xenophobia, anti-Semitism and incitement to hatred,” Chiara Gribaudo, the Democratic Party vice-president of the house, said.

France, Germany and Belgium are among the other EU states which have criminalized Holocaust denial.

Of more than 1,000 Jews deported from Rome’s Ghetto during the Second World War, just 16 returned.


http://www.thelocal.it/20160609/denying ... e-in-italy


Italian Parliament Adopts 'Historic' Law Combatting Holocaust Denial


Jun 09, 2016

Anyone spreading Holocaust denial propaganda in Italy could face prison sentences ranging from two to six years, according to a bill adopted in parliament.

The bill, modifying an existing law that already punished propaganda and incitement to violence on racist, ethnic or religious grounds, also targets those who negate genocide or crimes against humanity, as defined by the International Court of Justice.

It was approved late Wednesday by the Chamber of Deputies, the lower assembly, with 237 votes in favour, 5 against and 102 abstentions.

The president of the Union of Italian Jewish Communities, Renzo Gattegna, issued a statement hailing the vote as "historic."

He said the law would be "a fundamental new tool in the fight against professional liars, while safeguarding at the same time inalienable principles such as freedom of opinion and research."

In its final version, the bill punishes ideas "based entirely or partly" on negationist ideology only when "there is a real danger of their dissemination."

In the run up to its approval, some commentators had criticized the law as limiting freedom of expression.

In an editorial last month, Corriere della Sera columnist Pierluigi Battista wrote that it would be better to counter negationist views with public arguments, rather than through "liberticidal" laws that extend censorship.

"Censorship is an insatiable monster: it constantly extends its boundaries, covering an ever greater number of opinions that are labelled as crimes, which instead may be disgusting, but not criminal," Battista wrote.


http://www.haaretz.com/world-news/europe/1.724087

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby TheBlackRabbitofInlé » 3 years 6 months ago (Thu Jun 09, 2016 11:56 am)

The "Silence Carlo Mattogno law" as it should be known.

As strange as this might sound to those who don't follow things closely, Mattogno's work is invaluable not just to revisionists but also Holocaust scholars and anti-revisionists.

Take Holocaust Controversies for example, Roberto Muehlenkamp and Hans rely enormously on Mattogno in their attempted debunkings. He's the only person to have published many important documents and reports on the AR and Auschwitz camps. Both of them have admitted to me in the past—when pushed of course—that his books are important, if only for the documentation and translations. But even the USHMM has a good stock of Mattogno books; they have seventeen in their library!

Mattogno and Graf's Majdanek study is the most important book ever published on the camp, nothing from the orthodox side even comes close. The book is packed full of documents that had never been mentioned in previous studies; such as the original Polish-Soviet Commission Report [not the rubbished abridged version published in 1944] which they quote in full having translated it from its original Russian into both German and English. The orthodox historian Barbara Schwindt plagiarised Mattogno and Graf's book for references to the report in her 2005 study. And someone—likely a industry colleague of Tomasz Kranz—first spotted in M&G's book that the engraving mentioned in the Pol-Sov report on the 5 alleged CO cannisters found at Majdanek kinda matched the engravings allegedly on the cannisters used in the T4 institutes. Kranz used this info in his contribution to the 2011 Neue Studien zu nationalsozialistischen Massentötungen durch Giftgas but hadn't mentioned it in his 2007 [revised 2010] book.

I'll start respecting orthodox studies more when they start publishing their studies in the style of Mattogno's, regardless of whether they're arguing the complete opposite to him. Meaning that they should begin quoting documents in their entirety and providing facsimiles of critical documents, not more cherry-picked out of context quotes and copies of barely relevant documents, such as deliveries of Zyklon B or shipments of hair as they tend to feature.

"... documents relating to gassing in Poland is scant." - Professor Christopher Browning

The polar opposite to the Mattogno method of "showing us the documents" is Tomasz Kranz, who in his 2010 book The Extermination of the Jews at Majdanek Concentration Camp claims to have a German plan which sounds like irrefutable evidence that there were homicidal gas chambers at the camp. But does he show us the document? Oh no, he just cherry-picks a few words from it and doesn't even bother giving us its date. But this is how many Holocaust historians operate; it's as if they don't want you to know what the document is really about....

Image

Anyway, it's a sad day for anyone genuinely interested in the history of the Holocaust when a country introduces a law with the sole intention of bullying one person into silence.
Nazis tried to create super-soldiers, using steroids ... they sought to reanimate the dead—coffins of famous Germanic warriors were found hidden in a mine, with plans to bring them back to life at the war’s end.
- Prof. Noah Charney

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Werd » 3 years 6 months ago (Thu Jun 09, 2016 12:08 pm)

Well the law is not needed because holocaust controversies has apparently buried Mattogno once and for all.
http://holocaustcontroversies.blogspot. ... pedia.html
To their credit, holocaust controversies have demanded the repeal of all denial laws.

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Moderator » 3 years 6 months ago (Thu Jun 09, 2016 12:13 pm)

Werd wrote:Well the law is not needed because holocaust controversies has apparently buried Mattogno once and for all.
http://holocaustcontroversies.blogspot. ... pedia.html
To their credit, holocaust controversies have demanded the repeal of all denial laws.

Please be specific, how have they "buried" Mattogno?
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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Werd » 3 years 6 months ago (Thu Jun 09, 2016 12:19 pm)

Tongue in cheek. Sarcasm. Satire. Do you really think I would fall for their trickery? I have been at the codoh forefront of exposing their nonsense. Who else but me has been keeping this topic alive?

viewtopic.php?f=2&t=8145

I will have more to say on their second round in that topic soon.

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Moderator » 3 years 6 months ago (Thu Jun 09, 2016 12:51 pm)

Sarcasm, tongue in cheek or not, give specific comments, viewpoints when citing an outside link. You know how it works around here.
BTW, there are are quite a few others that have taken on HC. Your efforts are noted however.
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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby hermod » 3 years 6 months ago (Thu Jun 09, 2016 4:38 pm)

The expected Lex Mattonia finally passed...
"But, however the world pretends to divide itself, there are ony two divisions in the world to-day - human beings and Germans. – Rudyard Kipling, The Morning Post (London), June 22, 1915

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby WarpSoldier » 3 years 5 months ago (Sat Jun 11, 2016 7:49 pm)

This is absolutely heartbreaking. Mattogno has done revisionism a great service. Now how are we ever going to get his new volumes? :(

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Inquisitor » 3 years 5 months ago (Sat Jun 11, 2016 11:25 pm)

Any even remotely objective, sensible person should see right through this transparent nonsense, from both the racial and historical perspective. It is so blindingly obvious what laws like this are designed to do, who they are designed to silence, it would indeed defy belief that they could even be seriously suggested let alone passed into law...if you didn't know who was primarily behind them and why. You may as well call a law like this the, "We admit we have no tangible, logical, plausible evidence to support our positions, but we will insist until the end of time that they are true notwithstanding, and you will NOT say otherwise" legislation.

______

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby WarpSoldier » 3 years 5 months ago (Sat Jun 18, 2016 11:35 am)

I'm a bit late in posting this, but maybe Mattogno doesn't have to worry about not getting his work out, still. Perhaps he can still write the manuscripts in Italian and email them to Germar on a vpn as a PDF file. All Mattogno needs to do is use a pseudonym and his books can be sold as usual. Then whatever proceeds he would normally get can be sent to him anonymously. :)

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Werd » 3 years 5 months ago (Sat Jun 18, 2016 3:48 pm)

Translated from the Italian blog Olodogma.
1430 - David D'Amario interview Carlo Mattogno on anti revisionism law

The approval of judicial measures against the "deniers" by the Italian parliament are ratified these days. Italy tries to get on the repressive wake of several European countries in terms of gagging and repression of the revisionists. It was born as Carlo Mattogno explains below a real mess Italian. Let's see what it is, I pose questions to one of the major historical revisionists in the world ...

Question - Dr. Mattogno, even in Italy came "the law against denial," reads an ever announced but never really institutionalized. This time what happened in the Italian parliament? 5 Star Movement and the Democratic Party so different, but so determined to approve it? Indeed the "pentastellati" this son were the epitome. Nothing but freedom, we are to gag!

Answer - It is amazing how a resounding defeat is presented as a glorious victory! In fact, a "law against Holocaust denial" does not exist, nor, one might add, could exist, because the "Holocaust denial" is a pure invention, a counterfeit of revisionism without any contact with reality.
What exists, is an appendage to an existing law, the notorious Law Mancino, in which the new standard fits for increased punishment, all subordinated to the incitement to racial hatred a crime. It is a pathetic ploy, typically Italiot, you need not to upset anyone, but in the end everyone unhappy. But all pretend to be happy! Such a rule could only hit some poor jerk who inveisse angrily against the Jews. To deserve the aggravation, ingeniously packaged by our hard-working parliamentarians, it would not be sufficient that the fool shouted "Jews to the gas chambers." No, it should add, "that never existed" (= incitement to racial hatred coll'aggravante of "denial"!). It is clearly a farcical law.

Question - Gattegna (UCEI) has issued the following statement: << Italy writes a historical page in its recent story Parliamentary and equip the legislature of a new fundamental tool in the fight for the professionals of the lie while protecting, clearly, principles inalienable such as freedom of opinion and research >>. For the Democratic Party, however, << it is a law that looks to the future >>. For Clare Gribaudo, vice-chairman of the Democrats of the House, << Parliament intends to tackle one of the most subtle forms of racial defamation and crawling, xenophobia, anti-Semitic background and others, and usually incitement to hatred >> . What do you think?

Answer - It seems to me rather pathetic rhetorical emphasis, not to say ridiculous. But as a "vital tool"? And who would be the "professionals of the lie"? Perhaps Gattegna has targeted the poor sucker above, not revisionist researchers. Such self-delusion is typical of the Holocaust schizophrenia that unfortunately, especially in Italy, severely affecting certain characters.
As I said before, it pretends to be an epoch-making event for a rule operetta. For decades that challenge those who rant against the "deniers" to prove their accusations. The fact is that all the many unwary who have tried, beginning ineffable Valentina Pisanty after my answers have disappeared with his tail between his legs. (See the demolition dell'ebrea Pisanty qui1 , then see qui2 finally see qui3 , Ndolo) Who is interested, will find the list in Olodogma site. ( See here , Ndolo)
In these so-called "Holocaust denial" demolition several of my works I make known that not only does not deny anything, but state the facts and documents are completely unknown to the Holocaust historiography.
They are therefore eminently positive and constructive. Among the most important we can mention the first part of Auschwitz: health care, "selection" and "Sonderbehandlung" of registered detainees (Effepi. Genoa 2010), Minutes of Soviet interrogations of the engineers of the Topf (Effepi, Genoa, 2014) and the crematoria of Auschwitz (Effepi, Genoa, 2012, a text volume of 523 pages and one with 300 documents and 370 photographs). Another "affermativista" The study is "Zentralbauleitung der Waffen-SS und Polizei Auschwitz" (Ar Edizioni, Padova, 1988), which, remember, is the only critical essay by an Italian scholar who is cited in the bibliography of ' operates Standort- Kommandanturbefehle und des Konzentrationslager Auschwitz 1940-1945, edited by the Institute for Contemporary History in Munich (KG Saur, Monaco, 2000, p. 570). Needless to seek the names of "experts" as
Pieces (See qui1 , then qui2 finally qui3 the Sonderbehandlung reserved for this subject, Ndolo)
Sexes (See qui1 , then qui2 finally qui3 the Sonderbehandlung reserved for this subject, Ndolo)
cloaks,
Foa ( See here , Ndolo)
Picciotto Fargion, etc. etc.

Question - You are one of the most important revisionist historians-researchers in the world, will change from now on the possibility of the spread of its research through books or articles on the net? You have to prepare yourself to the placing of his works?

Answer - It is a rather glamorous prospect. There is, again, a law against revisionism, so my work will continue to move freely.
If one day you will come to trial, the opposing party will not find a foolish (from the point of view revisionist) as David Irving. A public trial, for these poor waifs, would be devastating, and they know it well.
Here I wish to recall what I wrote some years ago in an article in one of previous miscarriages of "law against Holocaust denial." I noted then the incomprehensible and dangerous arrogance of these forcaioli is not prudent - I warned them - for their cause, minimize, mock, distort, pisantyzzare the revisionist historical interpretation; is not prudent, for their reputation, underestimate it so puerile and vulgar; it is not wise to pretend that it sets out only arguments "ridiculous," "often distorted, when not even falsified", without even knowing; because scientific studies revisionist exist (and others will follow) despite their invectives and when the time of reckoning, when olocredenti and olocreduloni you will eventually have to seriously compare with them, they will realize to be totally unprepared and unarmed .
They, in their blind arrogance, they believe that the mountain has given birth to a mouse, but they will see that the mouse has given birth to the mountain.

Question - The revisionist battle at that point has arrived? There are young scholars and researchers under your direction, help, continue this great struggle for freedom of research and public opinion? We need to despair, preparing to re-education or even in the middle of the storm, we can see some glimmer?

Answer - Technically there is no battle, because the Holocaust historiography also shuns most minor skirmishes. The "denial" scourge will say that this is because the revisionists, being the "professionals of the lie", are unworthy of any debate. Perfectly free to think what they want. Unfortunately for them, the true reasons were exposed by the French historian and novelist Jacques Baynac in two articles published in Le Nouveau Quotidien de Lausanne on 2 and 3 September 1996 (p. 16:14) whose securities are already revealing:
"As historians delegate to justice the task of silencing the revisionists" (Comment les historiens délèguent à la justice the tâche de les faire taire révisionnistes), which Gattegna and acolytes should consider carefully, and "In the absence of supporting documents on the rooms gas, historians elude debate "(Faute de documents probants sur les chambres à gaz, les historiens esquivent the débat).
The future of revisionism is uncertain. Some excitement, especially in English-speaking countries, there is definitely, although it is too early to talk of young scholars and researchers. The fact is that the number of revisionist works of high level is constantly growing. To see this, just look at the site http://holocausthandbooks.com/ .
A "re-education" as the "Umerziehung" he was subjected to the German people after the end of World War I seems impossible, unless the forcaioli not met the burning of revisionist books!

Carlo Mattogno, June 10, 2016.

Carlo seems rather optimistic and almost ready for a court battle. It is almost like he is daring them to take him to trial, so he can attack the apparently vague legislation and render it meaningless and undefined. Hence there would be nothing to charge him with. He apparently is also ready to clarify that 'denial' is a misnomer. Perhaps because he has admitted at times that maybe some Jews were victims of excessive force, particularly by the Einsatzgruppen with guns.

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby WarpSoldier » 3 years 5 months ago (Sat Jun 18, 2016 7:01 pm)

Werd: It's great that Mattogno wants to fight this out, but we still have the upcoming volume of his on the Einsatzgruppen - so I'm pretty sure he's on board with that being a fallacy also. Only problem is he could be sent to prison for 5 years if his court battle fails. :(

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Werd » 3 years 5 months ago (Sat Jun 18, 2016 8:45 pm)

Speaking of the Einsatgruppen, I sent this off to Jurgen Graf a while ago.

http://holocausthandbooks.com/index.php?page_id=39
ca. 750 pp. pb, 6"×9", bibliography, index
Production stage: writing/scripting; scheduled for: 12/2017

I have a translated blog entry from olodogma where Mattogno talks about Reginald T. Paget, defense council for Einstazgruppen commander General Field Marshall Erich von Manstein.
https://translate.google.com/translate? ... more-18862

I suspect this will be in Mattogno's forthcoming book. Muehlenkamp and others at holocaust controversies do not accept Paget's defense arguments. Muehlenkamp claims that many Jews could have been simply marched to their death like in Babi Yar (30,000 dead) or a tractor factory outside Kharkov (15,000 dead). Then he tries another argument: German captured enemy trucks and civilian buses could have been used to trasport enough people to have been killed in big numbers that historians say were killed in big numbers. But given small numbers of German soldiers, the Einsatzgruppen will need help. So if they have extra vehicles, they also need extra people says Roberto such as the Wehrmacht's Feldgendarmerie and and Geheime Feldpolizei.

"Thus, for instance, the Babi Yar massacre was carried out by Sonderkommando 4a of Einsatzgruppe C in cooperation with the HQ of EGC and two Kommandos of the police regiment South. [ http://web.archive.org/web/201202050655 ... sr106.html ]
According to German historian Wolfram Wette ("Babij Yar 1941", in: Wolfram Wette / Gerd R. Ueberschär (editors), Kriegsverbrechen im 20. Jahrhundert, pages 152-164), Sonderkommando 4a was made up of members of the Sicherheitsdienst and the Sicherheitspolizei (Security Police), one company of a Waffen-SS battalion and one platoon of a police battalion, and reinforced by another two police battalions and units of Ukrainian auxiliary police; the task of supervising and guarding the march of Kiev’s Jews to the ravine in which they were killed was carried out by Wehrmacht troops under the orders of city commandant Eberhard."
http://holocaustcontroversies.blogspot. ... onism.html

Now personally, I would like to see that actually proven and I would like to see if that document is genuine and has not been tampered with or else is complete forgery. Germar Rudolf has hinted at the likelihood of some reports being tampered with
http://vho.org/tr/2003/3/RudolfSchroeder321-330.html
But these extra vehicles, as well as Einsatzgruppen getting help from other groups is how Roberto claims 30,000 Jews could have been killed and buried at Babi Yar and yet we know air photos disprove those high numbers!

Roberto has a lot of possibilites about what could happen or what might happen back in 1940's. But he has no proof. I break his post down here. Take aread.
viewtopic.php?p=72254#p72254

There is a metaphor for dogs in English language. It can be about Muehlenkamp and holocaust controversies. All bark and no bite! On the other hand, I am curious how and why this German historian Wolfram Wette (or others like him) decided to claim that two or three auxillary German police forces worked with the Einsatzgruppen to kill Jews at Babi Yar. We know air photos disprove 30,000 dead at Babi Yar. This means we have to question Wolfram Wette and the sources he used. Now THAT would be interesting to see in Mattogno's book. An entire section about how the documents are forged or faked and how historians keep pretending they are not. Because they are idiots and liars.

I also don't know if Mattogno intends to give any space in his book to eyewitness testimonies such as Juozas Aleksynas who allegedly participated in shooting women and children.
viewtopic.php?p=74457#p74457
viewtopic.php?p=74462#p74462
But it is important to remember that while some Nazis may have been bad, others were well behaved. To the point of punishing Germans for mistreating Jews. Faurisson's article
http://robertfaurisson.blogspot.ca/2002 ... reich.html
as well as Otto Ohlendorf's retraction of his previous confession should paint a mixed, yet accurate picture about German soldiers during the war.

I also think the alleged authenticity of the Jager report also needs to be called into question.
http://holocaustcontroversies.blogspot. ... -8_30.html

I hope they take some of the holocaust controversies stuff into consideration.

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby borjastick » 3 years 5 months ago (Sun Jun 19, 2016 11:48 am)

Personally I hope this book nails the lid shut on the claims of mass murder by bullets as for me this is the only area where despite a complete lack of graves, bodies and any sensible evidence, they keep going on about Babi Yar and similar shooting claims.

To me this will be where the holohoax management team will focus next. They will carefully steer away from Auschwitz, Treblinka etc with the 'witnesses' running out of life puff, and of course their arguments having been debunked and move towards the plight of all those jews who were assembled in the town square and then herded to their deaths in a forest, ravine, gully blah blah blah.
'Of the four million Jews under Nazi control in WW2, six million died and alas only five million survived.'

'We don't need evidence, we have survivors' - israeli politician

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Re: 'Denying' the Holocaust is finally a crime in Italy

Postby Werd » 3 years 5 months ago (Mon Jun 20, 2016 11:22 am)

Translated Italian blog Olodogma

1441 - For the lawyer. Andrea Bitetto the Einaudi Center, Holocaust denial is not fought with the Carabinieri

After the approval of the last chance law of cutthroats Zionists against freedom of expression we propose some of the politically correct articles published in the standard print; highly critical articles on the approval of such mezzuccio-gimmick that serves only to Taliban metastases of Zionism realized and his shoeshine shabbat goyim-and shamashim.
The articles are not commented upon by us, this, however, is slightly commented. We appreciate the article from a technical point of view, we dissociate ourselves completely when it strays from that field; no coincidence that at that time we entered our observations. Below the article ...
____________________________________________________________________________________________________

June 17, 2016 - Andrea Bitetto
(Lawyer, partner of the Centre for Documentation and Research Luigi Einaudi of Turin.)

But denial is not fought with the Carabinieri

The Chamber of Deputies finally approved the bill that introduces into Italian so-called Holocaust denial a crime. Measure that many consider not only not necessary, or unnecessary, but even dangerous.
On a technical level, the introduction of the crime of Holocaust denial is done by amending the law 13 October 1975 n. 654 (Ratification and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature in New York March 7, 1966), by inserting a new article, Article. 3a, in which the legislator intends to punish with imprisonment from 2 to 6 years all those cases in which the propaganda, incitement and incitement - already the subject of the aforementioned law - are committed so resulting real danger of spreading, and it is based "in whole or in part, on the denial of the Holocaust or the crimes of genocide, crimes against humanity and war crimes" as defined by the Statute of the international criminal Court (art. 6, the crime of genocide; art. 7, crimes against humanity, art. 8, war crimes), ratified by Italy with law no. 232 of 1989. This, in terms chronicles, the news. If you switch to one of his critical examination of opposition emerge multiple reasons.
On a technical level the criminal case is characterized by a large degree of indeterminacy of the pipeline, with the 'clear and concrete risk of lacking the requirement of materiality of the pipeline, which is unfailing prerequisite for any modern criminal law and garantista.
In fact, it is not easy to identify cases that may constitute the real danger of the spread of propaganda, incitement and incitement.
In addition, the law, always on a technical level, assimilates three pipelines, in fact: the propaganda, incitement and incitement, which are objectively difficult to distinguish, but that is mainly characterized by the 'subjective element of responsible conduct.
And you should know that nothing is more difficult during the trial, to ensure that the subjective element of a crime.
Finally, the case is constructed as a dangerous crime: this choice of legal policy is not irrelevant, since the danger crimes are always a garantista perspective, the most difficult crimes to detect if only because the conduct subject to criminal it is earlier than the event.
These minimum technical and legal observations that can be advanced to a first reading. Minimum because I remain faithful to the ancient principle that sutor credidam it above and leave space to those who, by criminal lawyer, has greater sensitivity and analytical tools than me. Instead, what should be said is a different, and broader, grounds for opposition in respect of such law.
Opposition of reason that is whether to criminalize conduct relating, like it or not, the expression of thought and then to his freedom of expression. In stating this I am fully aware that, when trying to establish a principle, that undertaking is apparently even more difficult to defend when one may have to take up the defense, à la Walter Block, the indefensible. But this difficulty can not be an obstacle, indeed, it is the utility confirms the paradox.
The newly adopted law demonstrates a certain confusion of the legislature, and perhaps also its willingness to provide regulatory responses to problems or issues that should not concern.
A sort of vacuous horror before which the Legislature, chiefly the Italian, seems to fall systematically in an attempt to meet the public's sensitivity, or a part of it. Giving then constant examples of what has been defined by Fiandaca "the symbolic and expressive function of criminal standardization, "or the tendency to respond to current events or current affairs by issuing some regulatory measure. Measure which, most of the times, is not necessary, or useless. In this case, even dangerous.
As mentioned, however, the choice of the legislature is also the sad confirmation that Italy is afflicted by a daze deep and harmful. Best would say that to be afflicted are primarily politicians, who use the wrong tools or issues that need little or should affaccendare the Legislature. Unfortunately, however, up to the efficiency of a parliament will be measured by the press with the number of issued rulings, there is no hope of recovery.
Confusion is then maximum, I understand, when you have to handle various levels of courts: the historical, the political, the legal, the moral. Little would probably invoke Croce's philosophy of distinct: the mass society, and its mass culture, they soon threw in liberating sense, these antiquities storage. Nevertheless, make a historical judgment on the aberrations committed by the Nazis, fascism, communism or something satrapy Middle East, it should not take the round stamp of some criminal judgment against this or that manager. Different, too different, have the tools, the objectives, the conditions and limits of the two forms of judgment:
always open, always revisable - pace of anti-revisionists in permanent service - the historical one;
limited, conditioned by ritually and legitimately authorized and admissible evidence - to be assessed according to the strictest canon of evidence ' "beyond reasonable doubt" - the criminal.
These considerations, which seem to me even trivial enough to bleed into the realm of obviousness, must not, however, be considered as such by most. They forced me to write at least to testify that you can be proud opponents of the idiocies of a certain history - that of Irving who deny the Holocaust, or the naive minimizers of other brutalities committed in the name of history or of Justice - while remaining opposed to legislative initiatives like the one just passed by the Italian Parliament.

In little more than a generation has passed since sessantottardo "forbidden to forbid" the post-modern "no denying" with the feeling that many proponents of the first slogans liberating sit today in the ranks of the defenders of the lining of State History, that the latter uses the monopoly of force to garnish the History of monopoly. Even this apparent absurdity should not surprise us: those who have observed seriously the dynamics of any revolutionary movement, the first of Tocqueville, has always warned against the illusion of radical change, which fell often, if not always, the mere replacement of those in power, be it a class, a new form of government, a new Prince. In short, the revolution as a rhetorical tool for the occupation of the bunkers of power, primarily cultural, and retains policy.
What is worrying, and I hope to worry about the ranks of the freedom-loving, is that the Italian legislator thus proves insensitive to the very essence of what Kenneth Minogue called the cornerstone of Western culture, which is the moral freedom.
Freedom, in fact, to choose without conditions their attitude, their beliefs, expressing the latter even in public, and even when they are or minority or simply foolish and superficial.
Deny the obvious, like Holocaust deniers historians, it is a historical absurdity: at them there are the irrefutable evidence, undisputed, unequivocal in their drama. Historians deniers and squads of culturally naive nostalgic who borrow judgments for political purposes does not deserve gruesome other penalty than that of their historical and moral judgment. Sanction whose only acts should be delivered publications to libraries, acts of conferences which reaffirm what History, the serious one, she took care to teach.

[To all there is a limit! So we intervene briefly asking the lawyer. Andrea Bitetto what "publications", "the conference proceedings" "that History, the serious one" delivered to teachers! We make a small example? Let's see ...
1) What does the history "that serious" on the decision to exterminate the Jews?
2) What does the history "that serious" about who would take this decision?
3) What does the history "that serious" about who was ordered to murder?
4) What does the history "that serious" when it was given such an order?
5) What does the history "that serious" to those who would be imparted?
6) What does the history "that serious" by what means? (On that alleged, and indispensable, order to exterminate the Jews see here-1 , then you see here-2 .)
7) What does the history "that serious" on the decision to create the gas chambers?
8) What does the history "that serious" Who would take it?
9) What does the history "that serious" about when would be taken?
10) What does the history "that serious" about 4,000,000 deaths at Auschwitz accepted as evidence at the Nuremberg trials and valid number from 1945 to 1995?
11) What does the history "that serious" about the "homicidal rooms to water vapor" attributed to the Treblinka camp and accepted as proven at the Nuremberg trials?
12) What does the history "that serious" on the practice of building "lamp shades of human skin" also recently conferred by a self-proclaimed eyewitness to Auschwitz?
13) What does the history "that serious" of 28-32 people stowed, per square meter, in the gas chambers at Belzec?
14) What does the history "that serious" about current "1,500,000" deaths attributed today to the Auschwitz camp while the official total number of inputs to the field is 1.3 million people?
15) What does the history "that serious" on hospitalization in 10% of the Auschwitz camp hospital sector fixed internees, bearing in mind that in Auschwitz there were about 70,000 (or more) inmates of which 10% is 7,000 hospitalizations FIXED ! Also admissions to long hospital stays of more than two months? ( See here-1 ) ( See here-2 )
16) What does the history "that serious" evidence of design, existence and their use, the gas chambers, are in Zyklon-B is carbon monoxide?
We stop here to not further bore the reader, but the list of NO answer questions would be very long!
How do you respond to these questions banal history "that serious"?
NOTHING! Is silent!
Control yourself!]


Or, and morally, the reaffirmation of the principles of an open society, that pluralism and freedom also to talk nonsense, as long as this nonsense do not exceed the threshold of mere manifestations of thought.
The alternative model, and to which the legislative initiative here in comments apparently undoubtedly turn, is the model of nationalization, nationalization of the historical and moral judgment, which was crystallized once and for all, in the State of truth, sealed and sanctioned in Official gazette, and in the State's conduct, the only morally acceptable in a civil forum.

A state, then that becomes the same historical time and pedagogue, indisputable guardian, except for the intervention of the Republic of attorney and the Carabinieri, of what is true, historically, and just, morally. A State so sure of himself and his powers of illusion to be able to delete the superficiality, ignorance, vulgarity, by the company, as if it were a disease to be treated.

Such an attitude, or rather, such a presumption is contrary to the essence not only of the liberal tradition, but it is contrary to that concept even more extensive that we can define the Western tradition. This is based on the defense not of the opinions of many, the majority, but rather on the defense of dissent, even when this is clearly not acceptable. As long as there will be a person who disagrees with respect to all other, our civilization must defend the right of the dissenting freely assert their thoughts. Even when this is obnoxious, offensive, son of bias or direct descendant of an interested and culpable ignorance. An open and pluralistic society can and should rely on their ability to reaffirm the goodness and the merits of historical judgment and must avoid, or risk denial of herself, of trying to find fallback in typical monopoly of power of the state power.
The law deals with acts and harmful behavior, but it does not deal with thoughts, no matter how offensive they may be of historical fact that no one has ever questioned or denied. Luigi Pareyson, in his tragic philosophy of freedom remembered as "no one will seriously deny that it is better to free evil that good imposed. The fine imposed bears within itself its own negation, because it is only true good that is done freely, they can do evil; while the free evil has in itself its own corrective, which is freedom itself. " That's precisely the essence of the philosophy of freedom.
The freedom that Ronald Dworkin recognized, in the discussion on whether to sanction by law the so-called "hate speech", even the most vulgar opinions and retrive. Not because, of course, you have to share these views, but because - said Dworkin - in a democratic regime that just make the constitutive principle that each individual opinion is important (otherwise it denies the very essence of democracy in origin), can not to be allowed full freedom of expression of the individual opinion. Whatever it is. If you leave this line it is the same abandon liberal democracy.
And mind you, it seems to me that especially the latter argument the Legislature has so much realized as to arrive recently to abolish the criminalization of the offense of abuse. Insult whose protection was good, in the nineteenth century codifications, the honor and the dignity of the individual. Honor and dignity that the democratic mass society have undoubtedly also overhauled thanks to the spread of new communication models (first of all the internet and then social media) who have elevated to the rank of opinion even those who used to be destined to merely receive , and maybe misunderstand, the opinions of others.
It took note of this - because from a liberal perspective, the law follows the company and evaluated the man for what he is and not for what we want it to be - the Legislature, in balancing the two honor nineteenth conflicting goods and freedom the expression of the current times, the latter did prevail. But you know, now from experience, that the consistency of the legislator is no longer postulated, as they liked to do - wrong - the twentieth century positivists.
To conclude, therefore, it has to reiterate the reasons that were supposed to refrain from Legislator symbolic regulatory intervention, but dangerous and wrong. But especially risky, not only for its application consequences, but also because a witness of Is gone completely forget the warning of the Beckett of Murder in The Cathedral Thomas Stearns Eliot, for which the worst betrayal was represented by doing the right thing for the wrong reason.

references

Denying prohibited! Against Holocaust denial a crime, http://www.linkiesta.it/blogs/la-pelle- ... z2i4KuBCaD
Source: http://www.centroeinaudi.it/agenda-libe ... nieri.html

They have added a new article to an existing law in Italy. And if this law deals with harmful behaviour and not personal thoughts as the defenders of freedom argue, I am sure the wording of the law permits the government to forbid the publishing or transacting of copies of "denial" books. So I wonder if that just means Mattogno can write and research in Italy, but just no longer publish his works there. He may have to just be content with having all his future works translated into languages foreign to him.


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