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I don't think max depth exists; just hit "link" to reply. Yeah, it's probably aggressive to wear it on a t-shirt. But I don't see the purpose in protecting fl
by foobarbazqux 13y ago
I don't think max depth exists; just hit "link" to reply.
Yeah, it's probably aggressive to wear it on a t-shirt. But I don't see the purpose in protecting flagrantly abusive speech.
- hga 13y agoWell, it all depends on who gets to define what is abusive, doesn't it? One justification for allowing unreasonable speech is that in theory it provides a high enough ceiling that all reasonable speech is allowed. Not that that stops extremists in the US from making their number one speech suppression priority about their political opponents' core political speech.
- foobarbazqux 13y agoWell we disallow physical violence but we allow psychological violence, so it seems inconsistent since there's a demonstrated link between psychological violence and physical pain. I think if we can work out a definition of physical assault we can work out psychological assault.
- einhverfr 13y agoDoes that mean that some political ideas, like "at some point it will be necessary to overthrow the government"[1] or "someday we should exterminate the blacks and expel the Jews"[2] can be banned from public discourse? If so, who gets to make these decisions? Isn't it reasonable to conclude that many hot-button issues today, like whether circumcision violates human rights, constitute psychological violence against, among others, Jews and Muslims? If we end up saying this must protect minority groups, then I think we'd certainly have to say that advocating banning kosher slaughter or circumcision would constitute, particularly in the context of history (which Jews are usually very much aware) continuing psychological violence. But if we go this route doesn't that basically give the state a way to say "hey we don't like that idea so you can't discuss it?" I think that would destroy what little democracy we have left. [1] Yates v. United States, holding that the First Amendment protected abstract advocacy for overthrow of the government. [2] Brandenburg v. Ohio, holding that the line in Yates above extended to protecting abstract advocacy of other violent ends, in that case genocide and expulsion of disliked ethnic and racial groups.
- foobarbazqux 13y agoMost G8 nations 1) limit hate speech, particularly by limiting genocide advocacy; 2) don't have terrible abuses of hate speech laws; 3) don't have ridiculous abuses of terrorism laws to limit what amounts to hate speech, e.g. proselytizing about jihad; 4) have better functioning democracies than the two party system of the US where the parties are very ideologically close to each other; 5) have greater freedom of the press. Try talking extensively about your desire to establish an Islamic Caliphate by eliminating the Christians. You will go to a very, very dark place. Having hate speech laws in place means there's a proper process for dealing with this stuff. But mostly, I just think that "sticks and stones will break my bones but words will never hurt me" is a fallacy.
- einhverfr 13y agoDo you think Yates v. United States was wrongly decided? Now, if the US government showed during the McCarthy era that they would target unpopular ideas, like Communism, as beyond the bounds of democracy, doesn't the "intended and likely to cause imminent lawless action" law in Brandenburg follow? What I am saying is that in the US, we do have an extensive history of abuse of restrictions on political speech. Whether other countries can be trusted, or not, to fairly enforce such rules (and I think there is some dispute on this btw), the US has shown a propensity to insist that political ideologies like Communism cannot exist. I say there is some doubt for two reasons. The first is that the NSDAP experienced the strongest growth, percentage-wise, during the years when they were banned. The second has to do with the Jyllands-Posten controversy. This controversy erupted because Denmark was willing to enforce hate speech laws against anti-Jewish speech but not anti-Islamic speech. I don't think the outrage experienced at feeling like Muslims were less protected by the law than Jews is entirely unreasonable there. Of course Jews are both a religious and ethnic group, so if you protect their ethnicity, you protect their religion. So I think there are two issues, and the first is that protected and unprotected categories often unevenly overlap leading to unequal protection necessarily, and the second is that removal of certain ideas from public discourse moves it from areas where public rebuttal is possible into only private conversations. In no country that I am aware of, is it a crime to advocate genocide one on one (rather it is limited to publicly advocating such). > But mostly, I just think that "sticks and stones will break my bones but words will never hurt me" is a fallacy. But our country showed, in trying to ban Communism from our public policy discourse, that this more or less ensures that the political process which depends on our nation on the people being able to discuss appropriate directions for government ends up getting short-circuited. In essence, I think our government has shown they cannot be trusted with such.