[...]But whether one supports racial profiling or not, merely discussing the merits should not constitute an offense,[...]
This is such a double-edged sword. In the first impulse, I would say, of course you can discuss the merits of racial profiling (as we did in this thread) and it should not constitute an offense. But you can wrap anything in a "discussion". We could also "discuss" the merits of eliminating religious minorities in concentration camps and I think this should constitute an offense. Free speech, all to often, is taken as an excuse.
I have no idea how such a differentiation can be put into law in a fair way for everyone.
For me personally, I have very clear criteria. Most importantly, I distinguish between discussion and discourse, in the sense, that discussion is just talking and discourse is a rational, sane exchange of arguments, following common sense and logic. I enjoyed very much the discourse with you about the merits of racial profiling, because it was not driven by prejudice, whinery or political agenda, we sticked to the facts, came to (not so much) contrary conclusions and this is absolutely fine.
In the case of Eric Zemmour I do not like the semantic aggregation in the community:
- he demanded something unconstitutional (racial profiling).
- in his attempt to justify the demanded unconstitutional measurement, he quoted a fact, but failed to prove the causality between the fact and the demand (he did not even try. He mistook the fact as the causality - a common mistake).
- he gets sentenced for demanding something unconstitutional.
- His followers publish their aggregation in the form: although the fact was true, he was sentenced, therefore it is not possible to say the truth in France.
This is not what happened.
His case is not about "telling the truth gets you punished". His case is: "should our society accept, for the ideal of free speech, that someone demands unconstitutional measurements, like racial profiling or putting minorities in concentration camps". I absolutey agree, that this last question is debatable!! I have no final answer for myself! But this is not, how the causa Zemmour was laid on the table in this thread.