3 ms·
Divining intent isn’t the right threshold to judge speech. If it were then I can say whatever I want in whatever environment, because how would you prove my int
by yibg 7y ago
Divining intent isn’t the right threshold to judge speech. If it were then I can say whatever I want in whatever environment, because how would you prove my intent?
I yell fire in a crowded theatre, that’s ok it wasn’t my intent to cause panic.
- ng12 7y agoOnly because your words caused actionable harm. If you didn't intend to cause harm and there were no harmful consequences should you still be punished?
- joshuamorton 7y agoShould drunk driving be legal as long as you don't crash?
- ng12 7y agoDrunk driving has a reasonably high likelihood of physical harm, as does yelling "fire" in a crowded theatre. Posting opinions about current events on a message board is not likely to cause physical harm.
- joshuamorton 7y agoWhat Stallman did isn't illegal. So some legal standard of likelyhood of physical harm need not apply. But I dispute your claim that rape apologia by an authority figure is unlikely to cause harm.
- ng12 7y agoIt was the grandparent's example, not mine. Also, I dispute your characterization as "rape apologia". It's a fairly ironic description given RMS's original issue was mischaracterization of the issue in the media.
- chroma 7y ago> I yell fire in a crowded theatre, that’s ok it wasn’t my intent to cause panic. The "fire in a crowded theater" analogy was coined by justice Oliver Wendell Holmes, Jr. in Schenck v. United States.[1] Holmes used that analogy to send a Schenck to prison for protesting the draft in WWI. 1. https://en.wikipedia.org/wiki/Schenck_v._United_States https://en.wikipedia.org/wiki/Schenck_v._United_States