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You didn't reply to the item you used the Reply button on, and went on a tangent, but I'll continue anyway. First of all there's no legal backing, and no philo
by mancerayder 9y ago
You didn't reply to the item you used the Reply button on, and went on a tangent, but I'll continue anyway. First of all there's no legal backing, and no philosophical backing to your claims below or your analogy. It all sounds like political rhetoric with a few weasel words thrown in ("everybody knows"?). But let's move forward:
It's because everybody knows that this has nothing to do with free speech.
I believe this is called the "Appeal to Authority" fallacy. It's also a tautology, "everybody knows" plus <insert my premise here>. If everybody knew that, we wouldn't be here.
Let's say two people are in a chat room, Alice and Bob. Bob has decided that Western civilization is collapsing and so to do his part to defend it he spends several hours a day constantly spouting hatred against women and minorities. Alice doesn't agree and, quickly realizing that Bob can't be reasoned with, she leaves the chatroom.
Hasn't Alice's "free speech" been violated?
No, Alice's free speech hasn't been violated, because, "free speech" isn't the freedom to "not hear" something. And a chat room isn't a strong analogy to a public square, but let's continue: Alice left the chat room, so I don't see what the problem is. You can argue that she was harassed, which is not covered by free speech, but a chat room with a political discussion going on (like this one) where parties are all willingly partaking would be difficult to constitute harassment. Additionally, Bob has every right to spout hatred against women and minorities, it's covered speech. In the United States -we are discussing the U.S. here, right?- at least. What's not covered is an imminent threat to women and minorities (Brandenburg v. Ohio). I'll elaborate below.
And isn't this exactly the plan of the alt-right? To create an environment of such extreme fear and hate that eventually everybody shuts up but them? It sure worked for their heroes the Nazis. And for some reason I don't think all these rallies are just a way to get more Vitamin D.
Tepe, this is a discussion of philosophy, it's a question of what laws we should and shouldn't have as well as how to apply the current laws and circumstances to the Constitution, so I say, what the "plan" of the alt-right here is has nothing to do with questions of fairness of permitted and non-permitted political speech. If I want to clamp down on your ability to express your unpopular opinion, I have to try harder than to suggest what your hidden or not-hidden intent is when you are stating it.
And see, this is exactly the point where all of Bob's (male) defenders will rush in and declare that Alice doesn't have the right to feel safe, that she needs to toughen up and that, at the end of the day, fuck her feelings because Bob's free speech is sacred even if that means her speech goes away.
It's not "fuck her feelings", it's very specifically: _If we clamp down on unpopular opinions in 2017 that I happen to dislike, what happens in 2027 when they clamp down on other unpopular opinions that I might have_? And _who is the arbiter of what is speech that causes people to feel safe versus speech that doesn't_? What happens when the shoe drops off the other foot, and political opponents now switch the definitions of safety and so forth?
And no, Alice in your example has no "right" to feel safe. What does that even mean? How do we quantify feelings? Don't we all have varying sensitivities? I could go on. But legally, no, no such right.
This is what the brave defenders of free speech really want to accomplish: an environment where they can say the most vile things possible without consequence such that everybody else shuts up.
That sounds like many people's desired accomplishments, to get their political opponents to shut up, including yourself apparently; but this is outside the scope of a discussion about freedom of speech; something is either permitted speech or it isn't, period, there's no "what they really want here" arguments permitted (in a legal or philosophical context anyway).
And here's the thing for somebody claiming to have read history: the founders of the American republic knew this very well. This is why they weren't concerned about "free speech" as the bad faith position described above, they were actually much more concerned with freedom of the press and this is what all of them spent their time writing letters about.
Anyways I could go on but let's be clear: we all know what the heroic defenders of free speech are really trying to accomplish. The "free speech" is just another bad faith distraction. Once that doesn't work they'll go back to blaming everything on the Jews.
No way. First of all, Founders Intent is a debate topic and it's been debated by the Supreme Court for two centuries. Your "protecting journalists" idea probably stems from https://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan https://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan ? Where malice has to be established? If not that, then where is your source?
To sum up this entire discussion, Brandenburg v. Ohio establishes that speech is protected unless there's an imminent thread being made. End of.
https://en.wikipedia.org/wiki/Brandenburg_v._Ohio https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
- dragonwriter 9y ago> > It's because everybody knows that this has nothing to do with free speech. > I believe this is called the "Appeal to Authority" fallacy. Appeal to popularity; different fallacy. > It's also a tautology, "everybody knows" plus <insert my premise here>. If everybody knew that, we wouldn't be here A tautology is something true by definition. You seem to be suggesting, however, that the statement is false, and refuted by the existence of the debate on which it is offered. That's not a tautalogy, even were it true, and also, in this specific case, flawed logic of it's own, since it is possible for a dishonest debater to knowingly use a false premise, so the claim that everyone knows that this is not about free speech is not disproven by the existence of a debate in which some claim it is about free speech.