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Is it time to revisit the concept of freedom of speech? Is it time to revisit the concept of freedom of speech?

05-21-2019 , 03:10 PM
I’m not suggesting that free speech isn’t vitally important to maintain a free society. But the ugly stuff occurring isn’t just about removing free speech; it also requires the systematic installment of beliefs contrary to a free society. And honestly I don’t see that happening in our countries anymore than the ideas of (re)establishing a monarchy or a theocracy taking root. That’s not to say that these various groups gaining power can’t disrupt or cause other and possibly significant problems within society, but there’s a difference between their potential to do that and their potential to transform society into what they envision.
Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 06:59 PM
Quote:
Originally Posted by chezlaw
I agree it's about a lot of free speech although I suspect you would be very surprised at the limitations we have had at times in the UK. The argument on some limitations can take two forms (similar applies to big brother and other issues)

1) The restrictions/laws are dangerous to democracy in themselves i.e.democracy requires the right to be hateful

2) The particular restrictions /laws would be fine but there's a slippery slope
(technically there's also the 3rd argument about absolute rights preventing us starting at the bottom of the slope)

So people may agree/disagree with the hitler cat or rape example but the idea that this is some threat to democracy is risible isn't it? What could be a threat would be banning reporting of the cases or criticising the law but there's no plausible slippery slope threat here is there?.
Actually, the two arguments blend together. Free speech is necessary to maintain a free society - I guess I should say, it allows competing ideas to battle in and for the public domain. You risk devolving into tyranny with every restriction and to the extent that you restrict free speech. This is because the extent to which we allow speech restrictions is the extent to which we are susceptible to falling down the slippery slope, which is very real. Power corrupts and seeks more power. Someone said it very well above. I think I'll quote it.


To be clear, no, it is not remotely risible that hate speech laws are a threat to democracy. They are a threat.
Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 07:02 PM
This:

Quote:
Originally Posted by TomCowley
… If you start at the very beginning, any sense of justice and liberty and property that even remotely resembles today's starts as the equivalent of a mutual defense pact. There's no way to prevent a bad actor who's stronger than an individual from taking their stuff (and possibly killing/harming them), but the collective making sure that's a bad idea- a very bad idea- minimizes the number of times it happens and the number of repeat offenses *even while wannabe bad actors live among them*. This isn't a permanently stable state though. If the bad actors unite (or recruit outside help) with strength stronger than the rest of the collective, they take everybody's stuff by force or by threat (any ancient civilization getting conquered, etc). If the bad actors can't win an all-out war, but can do a lot of damage to anybody who resists, it's incumbent on the rest of society to band together to bitchslap them hard when they start getting uppity. Every instance of appeasement in place of justice causes an even more difficult problem the next time until the mutual defense pact is clearly toothless and society is ruled by the bad actors, in effect if not literally in name.

And if history has shown us anything, it's that power that's not held accountable- either because there's no reasonable mechanism for it to be or because those whose responsibility it is are ignorant/delusional/complicit/huge pussies when it's time to act- expands and turns evil (if it wasn't already) against those under it almost incessantly and inexorably. Other than not getting taken over from the outside, it's THE most fundamental obligation of an established society to prevent the accumulation of power anywhere near a dangerous level and to harshly punish any misuse of it.. because if it doesn't, it's a clear path straight to hell, and almost everybody who isn't high on the food chain of the unaccountable power structure (which, almost by definition, is a large percentage) loses and loses hard.

From that perspective, considering any open-ended mandate to censor (hate speech, offensive speech, etc) as a desirable power to even exist, much less to be controllable by majority vote, can only come from a complete failure to understand anything. Even the basic observation that power tends to be used against the powerless, not for the powerless, is enough to throw this idea far, far away.

Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 09:46 PM
When speech such as direct authoritarian propagation of false accusations about mass baby murder leads to people getting punished, is that free?

Or is that like the accusations of satanic preschool teacher cults from the 90s? A false narrative with binding consequences.

Is that really free speech?
Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 09:54 PM
Quote:
Originally Posted by spanktehbadwookie
When speech such as direct authoritarian propagation of false accusations about mass baby murder leads to people getting punished, is that free?
yes

Quote:
Or is that like the accusations of satanic preschool teacher cults from the 90s? A false narrative with binding consequences.

Is that really free speech?
yes
Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 10:16 PM
Quote:
Originally Posted by formula72
yes







yes


Fifty fifty chance you are lying?
Because that’s free speech too.

But yelling fire in a stadium is punishable.
Yelling dead babies in a civilization.... panic doesn’t scale up?
Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 11:00 PM
Quote:
Originally Posted by spanktehbadwookie
But yelling fire in a stadium is punishable.
No. You can yell fire in a theatre or stadium without punishment.

If what you say creates "imminent lawless action" it's possible that you could be in some deep **** but still mostly likely not. Falsely shouting "fire" even if it risks the safety of others does not break the law because "clear and present danger" isn't a sufficient standard for criminalizing speech.
Is it time to revisit the concept of freedom of speech? Quote
05-24-2019 , 11:12 PM
In simple terms...

I am going to gut you and eat your liver with some fava beans...Possibly bad

That garbage can is going to explode and you better run...Not so bad
Is it time to revisit the concept of freedom of speech? Quote
05-25-2019 , 11:54 AM
Speech so free that’s it’s free from being an influence doesn’t make sense. That extends beyond individual freedom of choice as the influence of one’s speech is inferable to some extent to where it’s largely beyond control.

And speech with no influence is like a “joke” that can’t be deconstructed for the elements of humor.
Is it time to revisit the concept of freedom of speech? Quote
05-25-2019 , 04:17 PM
“All warfare is based on deception”

Is speech used to conduct warfare free speech?
Is it time to revisit the concept of freedom of speech? Quote
05-25-2019 , 09:44 PM
Quote:
Originally Posted by spanktehbadwookie
“All warfare is based on deception”

Is speech used to conduct warfare free speech?
Lets take a look.

Quote:
Originally Posted by spanktehbadwookie
When speech such as direct authoritarian propagation of false accusations about mass baby murder leads to people getting punished, is that free?
Quote:
yes
Is it time to revisit the concept of freedom of speech? Quote
05-25-2019 , 10:09 PM
Quote:
Originally Posted by formula72
Lets take a look.

From the vantage point of viewing the behavior of speaking. One presupposes whatever one says that they are free to say so because they did.

When I say hi to one of my cats, she meows- ergo Milly Bob McKay has free speech.

Behavioral indicated free speech under a free will paradigm. Sure sounds easy to say yes too. Look I said it.

Last edited by spanktehbadwookie; 05-25-2019 at 10:31 PM.
Is it time to revisit the concept of freedom of speech? Quote
05-26-2019 , 12:38 AM
Speech with an influence which is decidedly not free is at odds with the behavior of being to mouth such speech.
Is it time to revisit the concept of freedom of speech? Quote
06-18-2019 , 04:59 PM
I could probably just post this in the LC thread, but it seemed appropriate here.

Gender stereotypes have been banned from British ads. What does that mean?

I'm curious how this will play out.

Quote:
The new rule says that “advertisements must not include gender stereotypes that are likely to cause harm, or serious or widespread offense,” and provides several examples. Ads can’t show men or women “failing to achieve a task specifically because of their gender” (“e.g. a man’s inability to change nappies; a woman’s inability to park a car”), depict “stereotypical personality traits” for boys and girls, or suggest that new mothers “should prioritize their looks or home cleanliness over their emotional health.”

Somewhat unrelated to gender stereotypes, this new rule also bans ads that “connect physical features with success in the romantic or social spheres.”

And notably, it does not ban showing women or men performing stereotypical tasks (e.g., women shopping or men doing at-home construction projects). Ads can still be targeted based on gender as well. The clarification of the rule also helpfully explains that ads can still portray “glamorous, attractive, successful, aspirational, or healthy people or lifestyles.”
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While the step seems well-intentioned, there are a lot of obvious questions, such as: Beyond this handful of fairly obvious examples, what counts as a gender stereotype? And how might they intersect with other stereotypes along racial or class lines? Is there really that great of a reason to disrupt representation in advertising, so that everyone can be equally manipulated into buying stuff they don’t need?

I spoke to Brooke Erin Duffy, an assistant professor of communication at Cornell University who published a paper on the famous Dove “Real Beauty” campaign in 2010, to get some answers.
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As a topline reaction to this measure, is it useful? Is it important? Why is it happening now?

It’s interesting. I used to teach an “advertising and society” class, and one of the key themes of the course is that advertising helps us as consumers and citizens understand the social world and our place within it. Advertising shapes our culture, but it also reflects our culture. And we’re at a cultural moment where there is increasing recognition that the traditional ways of representing gender don’t make sense anymore.
When my wife teaches Sociology 101, one of the assignments she typically has them do involves selecting some bit of advertising and doing a content analysis of it for themes related to gender stereotypes. It's always seemed like a pretty accessible way to introduce a whole bunch of topics, e.g. content analysis as a research method, but also gendered social norms/attitudes/beliefs and so on. So I think the point about advertising being both shaped by culture and also shaping culture is pretty salient.

I'm not sure how well regulation like this can function to change that dialectic though.

Quote:
Defining what a gender stereotype is seems extremely murky to me, especially since only a few examples are given and they’re all super specific to the domestic routine. Like, don’t show a dad not knowing how to change a diaper!

I absolutely agree. I think the definition of what they’re calling harmful and even the definition of stereotypes is in certain contexts very fuzzy. Gender portrayals in both the workplace and domestic life make it easier to parse out what a stereotype may look like, but there is still going to be a lot of leeway.

There’s this text, Gender Advertisements. It was written in 1979 by the sociologist Erving Goffman, and he did this analysis of hundreds of US ads for gender roles and offered up this typology for a number of ways in which gender-based power relations get communicated. And some of them are much more subtle. One is called “the feminine touch” — it’s basically like, if you picture how a woman in an ad holds a product compared to a man, the woman kind of daintily touches it, where a man seems to grip it. He talked about things like the relative size and position of people in ads — the female may be reclined while the male would be standing up.

It seems especially relevant now because it provides a useful way to think about the more subtle ways gender bias and gender stereotypes get communicated, but it’s in the nature of this nuance that makes policing and regulation much more difficult, much more onerous.
Is it time to revisit the concept of freedom of speech? Quote
06-18-2019 , 05:37 PM
Just on the 'definition' bit. We don't require definitions, not least because it's usually a sizable mistake to ask for them.

Case by case judgements will be made. Precedents will be set. They will be argued over and develop over time. It wont be perfect but it's usually massively better than doing nothing because perfection requires a non-existent definition.
Is it time to revisit the concept of freedom of speech? Quote
06-18-2019 , 05:42 PM
I'm not philosophically opposed to that approach in all circumstances. When I say I'm curious to see how it plays out I mean quite literally. I'm not sure what I think of it or how thorny I should expect those issues to be.
Is it time to revisit the concept of freedom of speech? Quote
07-19-2019 , 04:02 PM
Could go in the brexit thread but the freedom of speech aspect is probably more interesting. I think this is very good law being well applied. Maybe some whom support the right to free speech think this is good law but not a violation of freedom of speech - i'm not quite sure where the boundaries are.

Quote:
A pro-Brexit activist has admitted to public order offences after calling MP Anna Soubry a Nazi outside Parliament.

James Goddard, 30, from Altrincham, Greater Manchester, pleaded guilty to causing alarm and distress using threatening or abusive language.

He also admitted one racially aggravated public order offence against a police officer.

Goddard filmed himself shouting abuse at Ms Soubry, who supports another Brexit referendum.

He claimed the Remain-supporting MP was a "traitor" over her stance on the country's vote to leave the EU in 2016.

His fellow defendant at Westminster Magistrates Court, Brian Phillips, 55, from Kent, also pleaded guilty to causing alarm and distress using threatening or abusive language.

Both men were released on bail ahead of sentencing on Monday afternoon.

The court heard Ms Soubry was left "very shaken" after her TV interview was interrupted by shouts from protesters on 7 January this year.

Video footage played in court showed the MP then being surrounded by Goddard, Phillips and others as she made her way into the Palace of Westminster.

Another video, from December 2018, showed Goddard wearing a hi-vis vest asking Ms Soubry why she called for a second vote on Brexit, and describing her as both a traitor and a Nazi.
https://www.bbc.co.uk/news/uk-49050288
Is it time to revisit the concept of freedom of speech? Quote
07-19-2019 , 06:24 PM
Quote:
Originally Posted by chezlaw
Could go in the brexit thread but the freedom of speech aspect is probably more interesting. I think this is very good law being well applied. Maybe some whom support the right to free speech think this is good law but not a violation of freedom of speech - i'm not quite sure where the boundaries are.


https://www.bbc.co.uk/news/uk-49050288
I'm not sure of the details of the law, but imo private citizens should be allowed to call elected officials "Nazis" if they want to.
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 12:40 AM
Quote:
Originally Posted by chezlaw
Could go in the brexit thread but the freedom of speech aspect is probably more interesting. I think this is very good law being well applied. Maybe some whom support the right to free speech think this is good law but not a violation of freedom of speech - i'm not quite sure where the boundaries are.


https://www.bbc.co.uk/news/uk-49050288
This an awful law horribly applied.

Mill is rolling over in his grave.
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 01:26 AM
Quote:
Originally Posted by Original Position
I'm not sure of the details of the law, but imo private citizens should be allowed to call elected officials "Nazis" if they want to.
Can we be clear that this is not a matter of someone just calling someone else a nazi. It's about pursuing someone while verbally abusing them in an offensive and intimidating manner.

Quote:
"Everyone is entitled to go about their lawful business. In a democracy people have a right to peaceful lawful protest.

"No-one has the right to the intimidation and abuse I suffered at the end of December and early January."

Last edited by chezlaw; 07-20-2019 at 01:43 AM.
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 01:29 AM
Quote:
Originally Posted by WaitingForMPJ
This an awful law horribly applied.

Mill is rolling over in his grave.
Shame his dead because I would be very interested in Mill's views. I don't know which way he would come down on this but I'm sure he would be very sympathetic to the intention of the law.

It's an application of the harm principle and utilitarianism isn't it?
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 02:10 AM
Quote:
Originally Posted by chezlaw
Can we be clear that this is not a matter of someone just calling someone else a nazi. It's about pursuing someone while verbally abusing them in an offensive and intimidating manner.
I'm not really sure how the bolded isn't just the prior sentence in more emotive language. If you call someone a Nazi, you better mean it in an offensive manner. Nothing illegal about pursuing someone.
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 02:30 AM
Well whether it's illegal is the topic. Clearly there's a point in the UK where it is illegal.

Huge difference between doing it from a distance and doing it withing striking distance in an intrusive and persistent manner - this is not just emotive language on my part. Do we disagree on that?
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 07:38 AM
Quote:
public order offences
Is this a like a traffic ticket? Something like disorderly conduct?
Is it time to revisit the concept of freedom of speech? Quote
07-20-2019 , 08:13 AM
Quote:
Originally Posted by chezlaw
Shame his dead because I would be very interested in Mill's views. I don't know which way he would come down on this but I'm sure he would be very sympathetic to the intention of the law.

It's an application of the harm principle and utilitarianism isn't it?
You’re joking, right?

Mill would probably defend Westboro’s speech, lol.
Is it time to revisit the concept of freedom of speech? Quote

      
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