Home > Uncategorized > It Begins! (in the USA) Montana Man Being Prosecuted for ‘Hate Speech’ and Holocaust Denial

It Begins! (in the USA) Montana Man Being Prosecuted for ‘Hate Speech’ and Holocaust Denial

WebInvestigator.KK.org

From: reason.com

Via Volokh Conspiracy, a disturbing criminal case out of Montana, where Flathead County resident David Lenio, 28, is being prosecuted for making disparaging remarks about Jews on Twitter and denying that the Holocaust happened.

Say what? While this sort of prosecution is common in parts of Europe, Americans enjoy the protection of the First Amendment, which contains no exception for what’s colloquially known as “hate speech.” The only permitted exceptions to free speech protections – as the Supreme Court recently re-articulatedare for obscenity, defamation, fraud, incitement, and “speech integral to criminal conduct.”

As Eugene Volokh explains, defamation law is generally “limited to false factual assertions. It requires a showing that the speaker knows the statement is false, and isn’t just mistaken (reasonably or not). And it requires a statement about a particular person.”

But under Montana’s ridiculously broad defamation statute, “defamatory matter is anything…

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