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Who decides what speech is “true, authentic and accurate”? In the US, the restrictions are left to things like yelling fire in a crowded theatre. Because that
by huntertwo 1y ago
Who decides what speech is “true, authentic and accurate”?
In the US, the restrictions are left to things like yelling fire in a crowded theatre. Because that is harmful to society.
The focus should be on the real damage of the speech - not the “authenticity”. Also we should not restrict people from expressing their opinions regardless of whether or not they are authentic.
These ideas are meant to prevent a tyrannical government from jailing individuals because it doesn’t like its speech.
- pjc50 1y agoThis line actually comes from https://en.wikipedia.org/wiki/Schenck_v._United_States https://en.wikipedia.org/wiki/Schenck_v._United_States , in which it was ruled that distributing pamphlets protesting the draft was not legal free speech. > Because that is harmful to society. So you agree that "harmful to society" is valid reasoning .. which justifies banning things like holocaust denial and incitement to racism?
- huntertwo 1y agoHolocaust denial no, incitements to saying the N word no, but incitements to physically harm people because of their race or ethnicity yes. I would say the harm of those individual actions don’t rise to the harm of restricting the speech itself, with a bias towards free speech.
- redczar 1y agoWho decides what speech is “true, authentic and accurate”? As with all laws and regulations interpretations are handled by the judiciary. I like the phrasing OP makes because it grounds the discussion of free speech in a more reasonable fashion rather than nitpicking about some extreme situation.
- huntertwo 1y agoThe meaning of “true, authentic, and accurate” is easier to twist than “harm to society” - suddenly proclaiming trans people exist is a crime because it is not “true”
- redczar 1y agoAs stated I like the phrasing OP used. You are free to use another phrasing. What I’m not going to do is get into a debate on how to precisely define the terms used. One can nitpick any phrasing of any law/regulation. That’s why there are lawyers in every society. But I’m not engaged in a legal discussion at this time. If you don’t like OP’s wording then don’t use it.
- huntertwo 1y agoI’m arguing the principles of “is this speech virtuous” as a prerequisite vs “is this speech harmful” as a disqualifier - not the exact definition. Whatever virtue test you use for the speech, it can be more easily abused than a harmfulness test.
- redczar 1y agoWhy are you making such an argument? This is a rhetorical question I don’t actually care what the answer is. It’s fascinating you feel the need to chime in about this when all I did is like someone’s way of stating things. No one cares about the pedantic nitpicking you are engaged with. Well, no one should care.