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Culture War Roundup for the week of August 28, 2023

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FINLAND MOVES TO CRIMINALIZE HOLOCAUST DENIAL

I've been making some updates previously here on the new right-wing government including a nationalist party, Finns Party, and the ongoing racism scandal after it turned out that some of the ministers from that party had a history of racist comments, even playing around with Nazi implications. You can read this, this or this for more context.

For some time now, the actual survival of the government has been predicated on an "anti-racist statement" demanded by Swedish People's Party, the most liberal and pro-minority (chiefly their own Swedish-speaking minority but also all other ones, in some way) party in the government.

The statement was published yesterday and mostly just contained platitudes, basic repetition of already-existing laws and government program parts and promises to "launch programmes", "improve dialogue", "support the work done" etc that basically amount to very little. The actual actions also contains parts obviously intended to placate Finns Party, such as new campaigns against honor violence, gang violence and so on, as well as a promise to look into banning Communist symbols alongside with Nazi ones.

You can read it here if you wish. Its main purpose, of course, has been to allow everyone to save face sufficiently to keep the government going on, so that it can get on to doing the other tasks that the parties it consists of wish it to do, ie. implement a pro-business economic policy and limit immigration.

However, the one concrete detail that has aroused some attention abroad has been a promise to criminalize Holocaust denial. Holocaust denial has not been formally criminalized in Finland and before this Finnish governments have actually resisted proposals and demands by institutions like EU to do so, chiefly on the basis that antisemitic acts could already be charged under ethnic agitation laws if need be.

In practice Holocaust denial is very rare in Finland and there's been only a couple of cases that have seen court action, mainly since Holocaust in general is not as important in Finnish discourses as in many other countries. Finland has had a tiny Jewish community, maybe a few thousand at any given era, and during the actual event Finland deported eight Jewish refugees to Germany but otherwise did not follow German demands to relinquish the country's small Jewish community, and Jewish soldiers fought on the front while Finland participated in Operation Barbarossa, with three Jewish Finnish soldiers even being offered the Iron Cross by Germans, who had troops in Lapland.

In general, it might be said that one reason for the comparatively less attention being paid to Holocaust than in many other countries is that Soviet crimes against humanity loom so large. Thus far, for instance, while other European countries have commemorated Holocaust Remembrance Day, Finland has had a “Remembrance Day for the Victims of Persecutions", and the local press often uses this day to talk about Soviet persecutions, like the Soviet ethnic campaign against Finns in the 1930s. (This is one of the things that the anti-racist statement also promises to change.)

I have sometimes seen local Nazis post Holocaust denial stuff, but even this happens in a very perfunctory way and is clearly not a top concern in comparison to immigration or, say, GLBTQ+ stuff. Maybe that is because internationally a popular antisemitic argument has always been blaming the Jews for communism, socialism, feminism and the New Left, and Finland as had plenty of all of those (a socialist revolution, one of the largest Communist parties in Western Europe per capita etc.) with barely any Jewish participation.

One of the few actual instances to have actively demanded Holocaust denial criminalization and generally stronger actions against antisemitism are the Christian Democrats, a small socially conservative Christian party, which is firmly pro-Israel and based on evangelical movements that subscribe to dispensationalist theology, which is currently also in gobernment. As such, it's very likely that this was one of their demands. However, it doesn't seem to have been one that has caused particular troubles for the Finns Party to accept, since it's not related to their true concern - immigration - and the party also has some history of giving soft support to Israel simply on the basis that the Finnish Left is firmly pro-Palestinian.

As such, I don't expect this to be particularly consequential, since it basically criminalizes something that has very rarely happened anyway and which would arguably often already be banned under other laws. If anything I'd expect it to increase Holocaust denial, simply since there's already a conspiracy theory community suspicious of anything the government does and who might be expected to go "If it's banned there must be some truth to it, eh?"

Holocaust denial is a factually incorrect position to take that bears an implicit threat against Jewish people. Given the fact that threatening statements are already acceptably considered 'beyond the pale' I don't see this as a free speech issue. It is instead explicitly codifying the idea that 'yes we know what you're doing, so cut it out' -- the venn diagram of people who deny the holocaust and hold anti-semitic views is practically a circle. Since it simply builds off of an already acceptable principle, why does it matter if a specific type of factually incorrect statement is explicitly legislated against?

  • -30

The importance of freedom of speech has to do with the fact that censorship is prone to abuse, and truth is not reliably obtained by censorship. The statement "But this time, the thing being censored is actually false" comes with a "according to me and my allies" qualifier, and even if I agree with you that in this case you're correct that doesn't mean that censorship isn't a political maneuver. It is still a use of force by the strong to silence the weak (or else it wouldn't work) and being strong is not sufficient proof that the use of force is just (or else there would have been no holocaust to deny).

The whole point of the freedom of speech is that the free market place of ideas is a more reliable path to good outcomes than is oppressing the weak when you feel really convinced that they're in the wrong. That's exactly what the Nazis did, and no amount of "But that's different because they were wrong [according to us]!" will change the fact that it's the same reasoning and the same justification.

In other words, if holocaust denial is clearly false and evil, then it won't need to be censored because anyone denying the holocaust will come off as clearly delusional and evil. If it's not so clear, then it actually needs to be hashed out, or else there will be unintegrated resentment and distrust building and the regime would have actually earned this distrust by choosing to close the path to feedback.

Abiding by the principle of free speech means voluntarily refusing to censor what you can censor, because you place more faith in the free expression of ideas to reach good conclusions than you do in your own ideology if it cannot sustain free expression of ideas. It's saying "Hey, maybe my head is up my own ass, and so to be appropriately humble I will refrain from oppressing the weak just because I think they're wrong and evil, and make sure that they stay uninfluential on their own merits".

And it works. While I'm sure they exist, I have never actually heard anyone deny the holocaust and I'm not even sure I've even met someone who wouldn't judge a person negatively for daring to suggest it didn't happen. This is an easy case, and if we can't even refrain from thumbing the scale when our ideological enemies are so easily defeated by pointing to the truth, we have no chance on anything remotely hard.

I would push even further than Nybbler and assert that "the Holocaust should happen" is not specific and concrete enough to be a candidate for "call to violence" exception.

Given the very special treatment of the holocaust in comparison to other genocides one could make a good case that the holocaust legislation amounts to little more than anti-blasphemy laws.

Agreed.

If you can say "Maybe it's true though?", no matter how abhorrent, it is speech that needs to be protected. In fact, the more abhorrent the more it needs the protection.

You can't "Maybe it's true" a call to violence like "Shoot this bastard".

"Maybe it's true this bastard should be shot"?

That would apply if the person said "This bastard should be shot", instead of the statement they hypothetically said.

Which does bring in the complication of how you deal with mafia threats like "Nice place you got there. Would be a shame if something happened to it". But again, the principle is clear: you're allowed to express that people have nice things, and you're allowed to argue that this bastard should be shot, you're not allowed to threaten.

So the burden is on you to make the case that "this bastard should be shot" or "nice place, would be a shame" is actually a threat, because the statement it is pretending to be is absolutely protected speech.