Comment Memoribila (Score 1) 189
It doesn't follow that because things like anthrax are restricted that there is a chilling effect on debate about anthrax
If possession of anything to do with the events was prohibited, yes, in fact it would provide a chilling effect.
But if you were to buy the lab coat, or a box of unused envelopes that said "from the desk of..." of some idiot who mixed up some anthrax and put such a thing on display with a plaque explaining what it was, that would be both interesting and provocative of conversation where reason could be brought into play. Nazi uniform, medal, helmet, sigil, patch, letterhead, enigma machine? Same thing. I'll get to firearms below.
surely you must advocate anyone being able to possess things like nuclear weapons [...] but you do accept that there is a line and it's somewhere between "Nazi memorabilia" and "WMD".
As to your first point, no -- but the real question here is, does this have anything to do with the line you posit? Does that line even exist? Let's look closely and see.
With memorabilia, we are talking about, at best, things like daggers, officer's swords and Lugers. Usually we're not even talking about those, but instead, flags, patches, uniforms, medals, a whole range of non-weapon artifacts and records.
These things add no notable destructive power to the individual that making them illegal eliminates. None at all. Take the Luger, for instance. Can't own a Nazi Luger? No, but you can own other pistols, rifles, and etc. Many of them far more destructive, longer range, etc. Hunting is legal (yes, even in Germany) and of course knives and rolling pins and pitchforks and poisons and so forth are in every home. So clearly, we're not talking about anything to do with adding destructive power not already easily available. I have a Luger, you have a Desert Eagle, You're going to make the bigger hole, believe me. You have a quality
So memorabilia and WMD do not exist on a continuum from one to the other. Which was my whole point. WMD are dangerous force-multipliers, hence deserve some special treatment. Memorabilia is not, and does not. But wait!
In the (rare, enormously expensive) case where a historical object actually might be a force multiplier -- say we were talking about a Messerschmidt fighter or a Tiger tank -- then there are other laws that reasonably control ownership, arming, firing and operation of such a thing -- Nazi or otherwise. That would exist on a continuum with WMD. Because it's pretty much that. The amount of damage you could do with a working Tiger (or fighter aircraft) before you could be stopped would be amazing (we've actually seen this happen in the US with older US tanks.) But note that the reason the working Tiger or fighter would be prohibited has nothing at all to do with the fact that is an historical object; it's because they can crush things, blow huge holes in things, drop bombs, all the while being basically unstoppable until very scarce resources are brought to bear upon the machine in question. And in turn, those remedies may create more of a mess. So no tanks or fighters without oversight (and usually, permanent neutering. Concrete down the tank barrel, removal of machine guns and bomb racks, etc.)
Now, WMD. Does that change what an individual can do, multiply their force as does the Tiger tank? Of course it does. More so. So you see, memorabilia do not exist along a continuum with Tiger tanks and WMD. Therefore, the rules applied to WMD should not be applied to memorabilia. Your posited "line" does not exist. It's apples and strudel. No comparison. Memorabilia does not provide force multiplication.
It's only banned in Germany, where it continues to have a very real and measurable effect. While a single flag may not re-start the mainstream Nazi movement, there are still strong far right groups who wish to go back to those ideas.
And you actually think that pointing special laws at these people, denying them the usage of the symbols and historical artifacts that represent the history of their outlook, will make them more tractable? You cannot possibly believe that if you have any sense of human nature at all.
Think about prohibition: what did it do (first time)? People continued to drink like crazy, and enormous levels of violence and resentment resulted. So, the problem was not addressed, but clearly, new problems arose as direct consequences.
Now, what did prohibition II do (the drug war)? People continued to drug like crazy, and then the market got even larger, and again, it fomented violence and resentment. Not to mention we've lost about a trillion dollars to it over 40 years, not even counting lost tax revenue. So, the problem was not addressed, but clearly, new problems arose as direct consequences. Again.
Now, prohibition of sex work. What happened? Universally, sex work continued -- everywhere. But sex workers get poor or no care, poor or no legal protection, disease rates are high, and the sex workers (quite rightfully) think society has dealt them a terrible, unjustified hand. So, the problem was not addressed, and clearly, additional problems resulted and continue to plague us. (***Just as a somewhat humorous aside, Germany is one of the few places that actually recognized that laws against prostitution are stupid and made at least some effort to correct the insane legal situation. Most countries, like the USA, are still in the grip of the insane proposition that denying women agency over their own bodies is a good thing. It'd be funny if it weren't so sad.)
Now, prohibit Nazi memorabilia to those who really want it and already harbor resentment to the society around them and what will happen? I leave it as an exercise for you, but of course the answer is blatantly obvious.
All of that bodes poorly enough for any form of prohibition based on "we think you can't handle your own choices." But it gets worse. By requiring people who make those choices anyway (and they will, as all attempts at personal choice prohibition demonstrate without any question) to hide them in an underground community, you lose the ability for society in general to monitor what is going on. Bad enough that the violence and criminality arise from this, but now, if we accept your argument that these right-wing groups are dangerous by their very nature, you have caused them to submerge and operate in secret, simply by outlawing trappings and historical objects. When something really bad is cooking, will you get any warning? It's a lot less likely. And of course, there's the immediate problem created as a consequence of declaring these people criminals for a mere personal choice: you have now put them on the wrong side of the law with their full knowledge of the fact, and so other criminal acts by them won't change that status... so resistance to committing other crime drops, among a group where you have done something to really make them angry at the system. Could it be any more unwise?
Prohibition of personal choice is a bad idea. Period. Laws that make these things illegal have huge failure rates in addition to the broad swath of violent and antisocial unintended consequences.
Listen, thanks for engaging me on these things. Wonderful to have such a conversation.