racket | Hopkins reached out to me after listening in disgust to the Murthy v. Missouri Supreme Court hearing Monday. Standing was a big issue: our government said plaintiffs like Drs. Jay Bhattacharya and Aaron Kheriaty lacked definite proof that the government was responsible for suppressing their speech. No such issue exists in CJ’s case, as you can see.
Hopkins also wanted Americans who might be up in arms about the specter of legalized censorship in their own country to see that the phenomenon has also spread to virtually every Western democracy, often in more extreme forms than we’ve seen so far in the United States.
CJ’s unique insight involves his ludicrous German case, which as you’ll read in the Q&A below has taken bizarre turns since we last checked and will now go to trial yet again. As an expat following the American situation from afar, he’s seen how the authoritarian tide is rising in similar or worse ways all around the globe.
Hopkins is facing the business end of the German version, among the worst. As detailed last June, he was charged with “disseminating propaganda, the contents of which are intended to further the aims of a former National Socialist organization.” The crime? Using a barely detectible Swastika in the cover image of his book, The Rise of the New Normal Reich. Far from “furthering the aims” of Nazism, he was criticizing them by comparing Nazi methods and laws to those of modern health authorities. The offending image:
Hopkins went to trial in January and delivered an impassioned plea to the court. “Every journalist that has covered my case, everyone in this courtroom, understands what this prosecution is actually about,” he said. “It has nothing to do with punishing people who actually disseminate pro-Nazi propaganda. It is about punishing dissent, and making an example of dissidents in order to intimidate others into silence.”
Though the judge was clearly not a fan of Hopkins — a courtroom account by Aya Velázquez, which I recommend reading, described how the judge said CJ’s statements were “ideological drivel,” just “not punishable by law” — he won on the law.
After acquittal, he was made aware that technically the case wasn’t over, because thanks to a quirk of German jurisprudence, the prosecutor had a week to file an appeal. Hopkins was unconcerned. “I doubt he will [re-file]. He made a total fool of himself in front of a large audience yesterday,” he wrote. “I can’t imagine that he will want to do that again.”
Bzzt! Wrong.
The prosecutor re-filed charges. The prosecutorial theory in the
Hopkins case was based on a bizarre interpretation of hate crime,
essentially asserting that if you have to think about an image to
realize it’s satire, it can’t be allowed. If that idea spreads, it would
make comedy or even sharp commentary impossible. This is why his
indictment, and the similar investigation of Roger Waters,
are really serious moments. Not to be heavy-handed, but eliminating the
loophole for satire or mockery is exactly what Waters meant by “Another Brick in the Wall.” Before you know it, it’ll be toohigh to see over.
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