Carlos Whitlock Porter - Germany v. Porter
Carlos Whitlock Porter
Germany v. Porter - PDF
Punishment first, trial afterwards
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Very little is published on the repression of dissenting historical research and political opinion in Europe. "Censorship" is something that happens only in Burma, China, Turkey, Egypt, and other far-away places. Censorship in Europe is simply a "matter of criminal law" !
The "law" is almost completely one-sided and the defendants are almost invariably so-called "right-wingers" and "nationalists". In Germany, dissidents can be charged with 3 different offences: "popular incitement" (whatever that means), "incitement to racial hatred", and "defaming the dead". There is no objective definition of these offences and no way to distinguish between them (they are said to be "identical in law"); yet the first is punishable by 5 years imprisonment, while the second is punishable by 3 "only". The statute of limitations is 10 years, as against 3 or 6 for most serious felonies. No transcripts are made of oral argument before the courts, and no substantive defense is possible: defendants are permitted to argue technicalities only. Lawyers "guilty" of defending their clients too vigorously are commonly imprisoned as well.
One case, however - the records of which are reproduced here - took an unexpected turn when the wild-card defendant refused to cooperate...