Bulwark Takes: Germany Speech Laws Are A Gift To MAGA

Release Date: February 17, 2025
Host/Author: The Bulwark
Host Contributors: Tim Miller, Andrew Egger

Introduction

In this episode of Bulwark Takes, Tim Miller and Andrew Egger delve into the contentious issue of Germany's recent speech laws and their broader implications for free speech, particularly in the context of the MAGA movement in the United States. The discussion is sparked by J.D. Vance's recent speech at the Munich Security Conference, where he criticized European allies for what he perceives as a drift away from the values of freedom, drawing unsettling parallels to Soviet-era practices.

J.D. Vance’s Critique at the Munich Security Conference

[00:46] Tim Miller: Tim introduces the topic by referencing J.D. Vance's speech at the Munich Security Conference, highlighting Vance's assertion that European allies are increasingly aligning with Soviet-like tendencies, particularly in their approach to misinformation and disinformation.

[01:15] Andrew Egger: Andrew counters by suggesting that European responses may be rooted in entrenched interests that use Soviet-era terminology to mask their intentions. He remarks, "Now, to many of us on the other side of the Atlantic, it looks more and more like old entrenched interests hiding behind ugly Soviet era words like misinformation and disinformation."

Analysis of the 60 Minutes Segment on German Speech Laws

Tim and Andrew examine a recent 60 Minutes segment that sheds light on Germany's enforcement of speech laws, particularly targeting online insults and hate speech.

[04:05] D (60 Minutes Interviewer: "Inside, six armed officers searched a suspect's home, then seized his laptop and cell phone. Prosecutors say those electronics may have been used to commit a crime. The crime? Posting a racist cartoon online."

This portrayal alarmed the hosts as it suggested a severe crackdown on online speech, raising concerns about the erosion of free speech rights.

[04:30] Tim Miller: Tim describes the 60 Minutes segment as almost surreal, expressing skepticism about the reality of the depicted scenarios. He states, "This to me feels like a bad, slippery slip," emphasizing his disbelief at the severity of the enforcement portrayed.

[06:46] Tim Miller: After consulting with Bill Kristol, Tim clarifies that the 60 Minutes depiction may be misleading. Bill Kristol notes, "German law doesn't criminalize insults in general, but only incitement to hatred," but the segment failed to convey this nuance accurately.

Free Speech in Europe vs. the United States

The hosts engage in a robust discussion contrasting the free speech protections in the United States with those in Europe, particularly Germany.

[07:39] Andrew Egger: Andrew praises the American system, emphasizing the robust safeguards provided by the First Amendment and judicial precedents. He contrasts this with European approaches, pointing out the dangers of local authorities having the power to deem speech as hate speech arbitrarily.

[08:47] Andrew Egger: He further warns of the potential rise of far-right parties like the Alternative for Germany (AfD) gaining traction due to such restrictive speech laws, stating, "there has to be a different way to do this."

[10:08] Tim Miller: Tim echoes these concerns, illustrating a hypothetical scenario where enforcing speech laws in the U.S. could lead to MAGA supporters prosecuting dissenters. He remarks, "If this was the law here in America and there were MAGA people enforcing it, I'm sure you could find something in my social media history that they could define as an incitement to hatred towards MAGA Americans."

Consequences of Speech Policing

The conversation shifts to the broader implications of stringent speech laws and their impact on societal discourse and political polarization.

[12:22] Andrew Egger: Andrew adopts a cynical view, suggesting that restoring a healthier internet environment would require drastic measures, potentially eliminating the current social media ecosystem. He draws a parallel to the ineffective policing of the January 6th Capitol riot, arguing that aggressive approaches often exacerbate tensions rather than mitigate them.

[14:19] Tim Miller: Tim summarizes their stance by stating, "We can't fight the bad autocrats with good autocrats," underscoring the principle that authoritarian methods cannot counteract authoritarian policies effectively.

Affirmation of American Free Speech Protections

Concluding the episode, Tim and Andrew reaffirm their commitment to the First Amendment and the importance of preserving free speech.

[14:56] Andrew Egger: "Three cheers for the U.S. first Amendment."

[14:58] Tim Miller: "Three cheers for the First Amendment."

[15:01] Tim Miller: He emphasizes their ongoing dedication to exercising their free speech rights: "we're going to be exercising our First Amendment right to say whatever the fuck we want and to maybe even say something that might, that might be construed as anti MAGA American."

Conclusion

Tim and Andrew express their concerns over Europe's restrictive speech laws, arguing that such measures pose a threat to free expression and could inadvertently fuel the rise of extremist movements. They advocate for the preservation of First Amendment rights in the United States as a bulwark against similar authoritarian tendencies.

Notable Quotes with Timestamps:

• Andrew Egger [01:15]: "Now, to many of us on the other side of the Atlantic, it looks more and more like old entrenched interests hiding behind ugly Soviet era words like misinformation and disinformation."

• D (60 Minutes Interviewer) [04:05]: "Inside, six armed officers searched a suspect's home, then seized his laptop and cell phone. Prosecutors say those electronics may have been used to commit a crime. The crime? Posting a racist cartoon online."

• Andrew Egger [07:39]: "I really like the American system where the government is forcibly restrained by a gigantic body by, first of all, our Constitution and then a giant body of judicial precedent."

• Tim Miller [10:08]: "If this was the law here in America and there were MAGA people enforcing it, I'm sure you could find something in my social media history that they could define as an incitement to hatred towards MAGA Americans."

• Tim Miller [14:19]: "We can't fight the bad autocrats with good autocrats."

• Andrew Egger [14:56]: "Three cheers for the U.S. first Amendment."

• Tim Miller [15:01]: "We're going to be exercising our First Amendment right to say whatever the fuck we want and to maybe even say something that might, that might be construed as anti MAGA American."

This episode of Bulwark Takes offers a critical examination of Germany's speech laws, juxtaposing them against American free speech protections. The hosts articulate a clear preference for the American constitutional framework, cautioning against the potential societal and political repercussions of stringent speech regulation as observed in Europe.