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Why isn't he charged with hate crime. If I said the same I'd be prosecuted
No you wouldn't, at least in America. For better or worse, free speech is pretty strongly protected.
This was in Germany
Pretty sure it's illegal as fuck in ze Deutschland
It is
Hate speech. Do you not have laws
1st Amendment makes it impossible to criminalize hate speech by itself. Violent hate speech, sure. Calls for racially motivated cleansing, sure. Just saying "\ is evil and worthless" is unambiguously protected. Unfortunately.
Hate crimes require a crime other than hate to be crimes.
Not a crime:
Murder:
Hate crime:
Speaking only for the American legal system in a broad sense. This might vary in some jurisdiction e.g. lowering the threshold for harassment if hate speech is used, but I can't speak to all of that.
You wouldn't be. The First Amendment would protect you against criminal charges for just expressing hatred towards a group.
Now, if you took action to harm a group and your speech was part of that attempt, then you could be prosecuted for a hate crime.
Now, this might seem like a bad thing. Why shouldn't we make "saying hateful things" a crime? The problem (well among the many problems) is "who decides what's a hateful statement?"
Most people would agree praising Hitler (for anything other than being the guy who killed Hitler) is hateful. What about praising Thomas Jefferson? He was a founding father and did laudable things in his life. On the other hand, he owned slaves and raped at least one of them. So would praising Thomas Jefferson be a hate crime?
Also, what if the Republicans came into power again and gained the ability to decide what is criminal hate speech? Imagine if hating black people, LGBTQ people, Jews, Muslims, etc was allowed, but even mildly criticizing white Christians was criminal hate speech.
Yes you would.
The US' first Amendment doesn't protect you from german Law. And this happened in Germany.
Ah, you're right. I missed that significant detail. If Kayne had done this in the US, he would have been covered by the First Amendment (though Adidas would have been within their rights to cut off their deal because they didn't want to work with someone like him). By doing this in Germany? The First Amendment doesn't apply then.