New trial on freedom of expression. The comedian Jair Domínguez will have to appear in the dock for having called to “fight fascism with a punch in the mouth” on the microphones of Catalunya Ràdio. Vox, the only charge in this case, is seeking two years in prison for a hate crime, a type of crime intended to protect discriminated groups but of which the far-right party claims to be the victim.
This case is a classic example of the discouraging effect on freedom of expression of transferring disagreements involving hurtful or annoying opinions to criminal proceedings. Twice, the investigating judge archived the case, finding that there was no crime according to Domínguez’s statements. But the Barcelona court rejected both cases, finding that the comedian’s speech on the radio constituted a real call for violence.
The case dates back to 2021. Domínguez was denounced by Vox for his speech in the space of a minute that he had on ‘El Matí de Catalunya Ràdio’ before 8:00 a.m., in which he gave an opinion on current affairs in satirical tone. and Astracanada. Two days after the Catalan elections, the comedian was “horrified” by the cities in which Vox had voted the most.
“In the end, it turns out that the Catalonia polygon is neo-Nazi, who was going to say that. […] Fascism, the Nazis, are fought with punches in the mouth. There are no half measures. Your grandparents who were shot, buried in ditches and at the Argelers concentration camp did not tell you that fascism was fought at the ballot box. Everyone can vote, even those without a head, and we are risking the future of our children,” Domínguez said.
Although it is a political party with parliamentary representation and a weak presence of minority groups, the magistrates who ordered the reopening of the case considered that Vox could be the victim of a hate crime when they estimated that there was, in the words of Domínguez, “an offensive relaunch” in front of the far-right formation.
The prosecutor’s office found no crime and placed the controversy within the framework of freedom of expression. The public prosecutor’s office has not filed an indictment, which is why the far right will be the only party to demand the conviction of Domínguez.
In its writings, Vox considers that Domínguez’s “words and expressions” “carry intolerable, hostile and discriminatory connotations” and “clearly indicate, without resorting to complex arguments”, that their objective was “to increase the climate of violence and hostility which, at that time, when Vox and its activists were already suffering.
Vox’s complaint is part of the party’s strategy of portraying itself as the victim of a hate crime despite not being part of any discriminated group and pursuing legal action against voices that associate it with Nazism.
