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A website promoting Nazism and Racial hatred is hosted in the USA, but targeting an audience overseas - specifically Australia. Does this break any obvious laws?

EDIT: I strongly suspect that the persons generating and submitting the content for hosting are not US Citizens, but are citizens of Australia.

  • None that could be enforced. – cHao Apr 13 '18 at 9:16
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Hate Speech is not a crime in the United States. Rather, they have "Hate Crimes" which are charged only when the prosecution wishes to show that the crime was motivated by hatred of a protected class of people (I.E. the killer shouts a slur at his victim.). They cannot be charged in absence. Spoken word, advocacy for policies that favor one protected class over another, and other signs of hatred are not in and of themselves crimes.

Unless a content provider is physically within Australia's borders, their is little legal recourse. The United States does not extradite anyone to a country to face charges for crimes that are not criminal offenses in the United States. Since the site promotes these ideas but has not used the ideas as a motivation to engage criminal activity, they would not extradite the accused individual(s).

  • Yep. Sounds like pretty safely protected First Amendment opinion. – bdb484 Apr 13 '18 at 13:46
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There was a similar case where an American sent nazi propaganda to Germany. German courts asked for extradition which was denied (since it was not a crime according to US law). That person made the mistake of going to some neo-nazi congregation in Denmark and was promptly extradited to Germany, according to EU law, and jailed.

So to my best knowledge, this website doesn't violate US law, but may very well be violating Australian laws and might be criminal according to Australian laws. Australia can ask the USA for extradition which will most likely be refused, but might be able to succeed if the persons responsible travel to another country.

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