In granting summary judgment, U.S. District Judge Jeremy Fogel stressed that it was not a question of French sovereignty or the moral acceptability of promoting Nazism. At issue, Fogel wrote, is whether the French order, which transcends American borders, is consistent with U.S. law.

Under U.S. law, he wrote, “it is preferable to permit the non-violent expression of offensive viewpoints rather than impose viewpoint-based governmental regulation upon speech. The government and people of France have made a different judgment based upon their own experience.”

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