Swastika Armband In Public Should Be Illegal

Wearing a swastika armband in public should be illegal because it violates the offense principle. The swastika is largely tied to Adolf Hitler and the Nazis during the time of the Holocaust. It was used in a time filled with such hate and ethnic cleansing. Today its presence is often used by extremist groups who want to continue to promote hate and endorse “racially pure” states. Therefore, the use of the swastika symbol has taken on a cultural meaning that will always have a negative and harmful connotation. One that can cause fear, anger, humiliation, and serious offense when seen by others which is to cause "another to experience a mental state of universally disliked kind” or in other words a violation of the offense principle (Feinberg,

p. 2).
According to the offense principle there is a morally sufficient reason to limit a persons liberty if it would prevent or reduce another person from being offended.

Therefore, there would be 1) a wrongful disliked mental state 2) in violation of a persons rights (setback to their interests) in order for something to violate the offense principle. Only wrongful disliked mental states in violation of a persons right allows for the need to prevent “some people from wrongfully offending others” through the use of legislation (Feinberg, p. 1). However, the offensive act “must be taken by the offended person to wrong him [or her] whether in fact it does or not” (Feinberg, p. 2). The use of the swastika armband is a good example of offense in the strict sense. This is because the conventional symbol is deemed offensive and wrong whether or not the victim feels that they have been wronged when being confronted with it (Feinberg, p. 2). Subsequently, the very existence of the swastika has a profound offensiveness to it whether seen or not. It is not simply that the swastika symbol on the armband causes personal resentment or caused an experience that one would like to avoid, but it is the fact that “one is outraged at the offending conduct [of the wearing of swastika armband] quite independent of the effect on oneself” (Feinberg, “Offenses to Others”, p. 93). Simply because it offensive in and of

itself.
It is well known that the swastika has no other purpose, but to injure, insult, and threaten those who view it. Its historical connotation shows proof of the large amount of cruelty that has come about whenever the symbol is displayed (Feinberg, “Offenses to Others”, p. 95). It has been used for the support of Nazi’s and political rallies “not to advocate [for new] policies, enter political debates, or persuade audiences, but rather to shock, insult, terrorize, and intimidate” those who view it (Feinberg, “Offenses to Others”, p. 95). This conventional symbol causes personal harm and violations of rights (setbacks to interests) which is a morally sufficient reason to limit a person’s liberty to display it. It is not used privately where the offense principle does not intervene based on bare knowledge, rather it is done publicly to incite violence and “fighting words” (Feinberg, “Offenses to Others”, p. 95). The law cannot then permit the fighting responses of those who are impacted by the symbol which in turn only negatively impacts the offended more.
Therefore, the display of the swastika should be illegal and banned especially where it cannot be reasonably avoided. This is because its public display on such a sensitive and hateful conventional symbol has only history of negative and profound offenses which have been used to incite, act as fighting words, cause fear, injury, and insult. It is both an unpleasant disliked mental state that is unavoidable when displayed in public meaning that it is a violation of ones rights. This alone is a morally sufficient reason to limit ones liberty of displaying the symbol in order to prevent another person from being offended. However, even if the offense principle was not a convincing reason to limit the display of the swastika and make it illegal than the fact that it causes incitement and acts as fighting words, which are both illegal, is enough to make the swastika armband illegal.