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> You have a right to say whatever you want to whomever you want without fear of government retaliation, as long as it isn't "hate speech" in a fairly narrow le
by will4274 6y ago
> You have a right to say whatever you want to whomever you want without fear of government retaliation, as long as it isn't "hate speech" in a fairly narrow legal sense. This is what "having free speech in society" has always meant
Wrong twice.
First of all, the United States doesn't have laws against hate speech. The US Supreme Court has said hate speech is protected by the first amendment. So, you're protected from government retaliation, even if it's hate speech.
Second of all, that's NOT what "having free speech in society" means. It's what the first amendment means. In American culture, writing op eds to a privately owned newspaper is a classic example of free speech, going all the way to revolutionary times (and actually predating the constitution). In the past (before the internet), prominent newspapers would brag that they would publish editorials from any significant public figure, even if they detested that public figure, because free speech was a good thing. That's why the NYTimes has published so many editorials from dictators.
- d1zzy 6y agoAnd so have we proposed laws to regulate newspapers on what they should be and what they shouldn't be allowed to decline for publishing?
- will4274 6y agoThe article you are commenting on did not propose any new laws, nor did I in my comment. Did you mean to reply to somebody else or to comment on another article? I don't think the government should require tech companies like Google to support free speech. I think Google should support free speech because it's the right thing to do. I believe the author of this article feels similarly, just as the editors of major American newspapers did from about 1600 to 2005.
- titanomachy 6y ago> the United States doesn't have laws against hate speech Interesting, thanks for enlightening me! Canada does have laws against hate speech and I'd mistakenly thought the US did as well. In any case, speech intended to incite lawbreaking, whether a hate crime or otherwise, is not protected under the first amendment. If you tell your Twitter followers to go burn down all the Jewish-owned business or whatever, and they do, your speech is illegal. So there are at least some limits. And I agree that freedom of speech goes beyond the first amendment. But the "significant public figure" of that is important: not anyone could get published in the New York Times, you already had to have reach and notoriety. They wouldn't have published articles by some random basement crackpot moon conspiracist, because that person wouldn't have a chance to get famous in the first place. They probably also don't publish opinion pieces with easily-disproven counterfactual statements. YouTube's algorithm, by default, makes no distinction: any idiot can go viral and get tons of reach on a video loaded with outright lies. YouTube has provided a platform that makes the spread of misinformation much easier and in my opinion it's their responsibility to take action to correct that.
- SamReidHughes 6y ago> In any case, speech intended to incite lawbreaking, The standard is "imminent lawless action." You can in fact advocate lawbreaking, including violent lawbreaking (e.g. people advocating punching all Nazis are protected).
- titanomachy 6y agoIf a bunch of people went out and punched Nazis because you said to, then that meets the standard, right?
- SamReidHughes 6y agoOnly if they did so or were likely to do so right away. I think the standard could change, considering that when that standard was set, such advocacy couldn't be effectively spread without a trail of publishers and broadcasters that would be vulnerable to direct retaliatory violence.