While not offering the special effects, speed or raw power, the Polish Constitution and law also pay tribute to the importance of words, in both protection of the freedom of speech and in restrictions on inappropriate words.

Protections

The Polish Constitution contains numerous provisions on the sanctity of fundamental freedom and human rights. Naturally, the freedom to express your views is among them. Of paramount importance for the Information Age, this provision expressly protects the right to receive and distribute information. In a nod to Poland's recent past, "preventative" censorship of public media sources and licensing of the press are both forbidden.

Enemies of free Poland

The recent exclusion of David Irving, a British historian who has published revisionist theories about the Holocaust, from the 52nd International Book Fair in Warsaw, illustrates a difficult dilemma for democracy. Words can have destructive power.

The Polish Constitution sets a boundary by banning the existence of parties and other organizations that are likely to employ words for destructive purposes. In another nod to recent history, the Constitution prohibits the existence of parties and organizations with programs that refer to totalitarian methods or the practices of Nazis, fascists, or communists. The list does not end at these known enemies of free Poland, but also includes those parties and organizations that would support or tolerate racial or national hatred or the use of force to obtain power or influence politics.

Flag burning

In addition to the restrictions in the Polish Constitution, the Polish criminal code contains several provisions that punish "inappropriate" speech. Not so long ago in America, a small tempest arose over whether flag-burning should be criminalized. In Poland, flag-burning, along with the profanation, destruction, defilement, or removal of other national symbols, could get you a sentence of up to a year in prison.

Remember the case last year of the homeless man that in an apparently drunken state decided to say a few choice words about President Kaczyński? Well, insulting the Polish Republic or nation can lead to three years in prison. I suppose that I should temper my tongue the next time that I have an urge to make a sweeping and politically incorrect generalization about Poles.

Finally, the proper terminology for the former Nazi death camps in Poland is not just an issue of semantics. Making public aspersions about the participation, organization or responsibility of the Polish nation in communist or Nazi crimes can also buy you a three-year ticket to a Polish prison.

Other ways to skin a cat

When it comes to fighting hate speech, the Constitution and criminal law are not the only weapons. Much like Al Capone was brought down on charges of tax evasion, sometimes prosaic methods are effective. Recently, the press reported a case involving a Polish translation of Mein Kampf. In the end, the issue of whether Hitler's book is inappropriate hate speech did not have to be resolved. Instead it was discovered that the Polish publisher had not obtained permission from the copyright owners to publish the Polish translation. Under copyright law, if you make a translation, you own the rights to it. But you can't publish the translation without the rights to the underlying work. The effect was the same: the translation was pulled from the shelves.

Judith Gliniecki is a partner with Rymar and Partners; j.gliniecki@rymar.pl