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Rethinking US free speech rights Rethinking US free speech rights

08-07-2018 , 06:20 PM
Quote:
Originally Posted by microbet
Wellnamed,

2. "I don't think this law should apply to individuals"

Does that mean that Charles Koch is free to publish all the lies he wants while the government shuts down The Daily Kos if the government decides they are lying?
At the moment all of the Koch brothers' political speech is done through organizations they fund, which would need to comply with the law. He could still say whatever he wants on his personal facebook page. But I think there's still a benefit even with this limitation. There's so many competing sources of information which rely on obfuscation of their provenance and credibility. I think there's some benefit to making people publish their dumb ideas under their own names, individually, and at some point if you're operating a facebook page as a kind of business, it seems like the law could apply, even if you are a sole proprietorship. Hence the idea of paying attention to audience size.

Quote:
Originally Posted by microbet
But....also as mentioned before....we have more power over YouTube than we do over the government. Alex Jones was removed. The system right now is working better than the one you're contemplating would.
At this very moment I think you might be right. Or at least I wouldn't give my idea above a very high priority as a political cause. I'm all-in on proportional representation. :P This thread is very much a thought experiment.

But, I'm about as comfortable with "We have more power over Youtube than the government" as a general rule as you are with giving power to the government. I don't see very good reasons to suppose that it's fait accompli that it will always be true that Youtube is a better bet.
08-07-2018 , 06:24 PM
Quote:
Originally Posted by goofyballer
...as demonstrated by their censorship in China, which is something that country's laws literally compel them to do if they wish to do business there?
So?

You're wandering afield from the argument. Google will censor results. We know that. Give the US government the power to decide what political speech is allowable or not and Mike Pence might be the one telling them what to censor and they will not be part of the resistance.

I'm suggesting that they MIGHT do stuff like that even if they weren't absolutely compelled as they are in China (though they could stay out of the market). Pointing out that they are compelled in China is just restating part of what I said, not refuting it.
08-07-2018 , 06:30 PM
Quote:
Originally Posted by microbet
Give the US government the power to decide what political speech is allowable or not
...but we have the first amendment, and if it goes away or becomes significantly eroded, then "does Google stand up to the US government or not in response to censorship requests" is way far down the list of serious problems our country has.

I think you're talking about a hypothetical where we're actually talking about doing that - reducing the first amendment - while Bill's post (which is what I was responding to, and I assumed you were following it too) did not seem to be doing that, more just taking the "watch out for this slippery slope of hurting Alex Jones, libs" path.
08-07-2018 , 06:34 PM
Quote:
Originally Posted by goofyballer
...but we have the first amendment, and if it goes away or becomes significantly eroded, then "does Google stand up to the US government or not in response to censorship requests" is way far down the list of serious problems our country has.

I think you're talking about a hypothetical where we're actually talking about doing that - reducing the first amendment - while Bill's post (which is what I was responding to, and I assumed you were following it too) did not seem to be doing that, more just taking the "watch out for this slippery slope of hurting Alex Jones, libs" path.
Maybe. I am talking to well named as well about the hypothetical where the 1st amendment changes. As I think my "people's power over YouTube" position indicates, I'm not opposed to pressuring corporations to not host aholes.
08-07-2018 , 06:35 PM
Quote:
Originally Posted by goofyballer
...but we have the first amendment, and if it goes away or becomes significantly eroded, then "does Google stand up to the US government or not in response to censorship requests" is way far down the list of serious problems our country has.

I think you're talking about a hypothetical where we're actually talking about doing that - reducing the first amendment - while Bill's post (which is what I was responding to, and I assumed you were following it too) did not seem to be doing that, more just taking the "watch out for this slippery slope of hurting Alex Jones, libs" path.
The usual right wing sources have been making slippery slope arguments my entire life. Not one has come true.
08-07-2018 , 06:54 PM
Quote:
Originally Posted by aoFrantic
The usual right wing sources have been making slippery slope arguments my entire life. Not one has come true.
A very good point made by Elizabeth Bruenig on Twitter is that nobody has ever actually cared about procedure and if you treat every debate as if it was about the substance you'll get to the actual issue so much faster than dealing with layers of bull****.

So when Mike Tracey, Glenn Greenwald, Bill and Keed, etc. start making insane claims that non-binding and non-authoritative liberal support of reactionary hate speech content moderation by websites that have been moderating content for decades(and like, before removing Alex Jones were banning people for way less offensive ****? The ****ing Infowars forums have terms of service. What ****ing gaslighting bull**** is this?) will lead to something bad, don't try to divine what insane reverse causal nature of time slippery slope principle they must actually be deriving their position from.

They like Jones more than they like liberals, and this was a victory for the hated libs. That's all there is. They don't think removing Jones will lead to something bad, they think removing Jones IS something bad, that's the outcome they fear and it's the thing they despise.


Keed wrote:

Quote:
If it's not good to let governments decide what sort of speech is acceptable than why would people support enormously powerful companies whose business is dissemination of speech decide what sort of speech is acceptable and what isn't?
Keed also wrote:
Quote:
Well the government discrimination and government-mandated discrimination would have ended in 1964 without the public accommodation aspects of the CRA. If there was no public accommodation parts of the CRA it would be hard to say what things would look like at different points in time. I don't think there would be hardly any "whites only" establishments in 1984 and few in 1974 though.

FWIW the non-public accommodation aspects of the CRA were important and I really don't care very much about the public accommodation aspects of the CRA. If I could go back in time to 1964 and I'm teleported into LBJ's body I would insta-sign the CRA because while I think that people ought to have the right to run discriminatory businesses I really don't care all that much and the other aspects of the CRA are quite positive. But if you ask me if I'm against the public accommodation parts of the CRA, yes, I am.
So like, **** 'em.
08-07-2018 , 07:05 PM
Quote:
Originally Posted by goofyballer
What do these two things have to do with each other? There's an obvious implication it seems like you're trying to make, but there are some pretty obvious reasons why Mike Pence can't just order Google to do something a la China.
Each country limits discourse through a different path, but the authoritarian elements are always present, always pushing.

Alex Jones is off because the prevailing political atmosphere persuaded the social media giants to do so.

It would not take a very dramatic change to make other material vulnerable, and Pence types will do their best to pressure the media. Thanks to Google the technology is readily available and put Pence in the bully pulpit and his trend is in position.

You also should not rule out formal govt censorship. For example, with an evolving SCOTUS, the authority of the FCC could be adjusted.
08-07-2018 , 07:17 PM
Quote:
Originally Posted by well named
So, here's something like what I have in mind.

I propose a law which would penalize1 media organizations2 for making egregiously false3 statements of fact4.

<snip>

The question in my mind is whether there are solutions to that problem that have benefits which could justify their costs, whether in terms of lost liberty or unintended consequences. The answer might be no, even theoretically. Or it might be yes but there is no practical path towards any solution. But I think it's an interesting question to ask, beyond just reflexively appealing to "free speech absolutism".
Since we are in the realm of unrealistic policies, why not have your truth commission be a non-government organization like the ABA or AMA? Doctors and lawyers are subject to ethical guidelines specific to their industries as part of the licensing procedure, and licenses are valuable enough that losing them has real cost. You could have the same for reporters, and media companies could pledge to only hire guild members. Of course, you would still get your alternative medicine companies like Breitbart, but less partisan people would probably still use guild membership as a sign of professional ethics and a standard of quality.

This would remove some of the concerns about free speech, be more independent and long-term focused, and also addresses microbet's concern about further centralizing regulatory power over speech in the federal government.
08-07-2018 , 07:25 PM
Quote:
Originally Posted by Bill Haywood
It would not take a very dramatic change to make other material vulnerable, and Pence types will do their best to pressure the media.
Why do you have to imagine this? There is already someone pressuring the media, bigly, in the Oval Office. Casualties remain limited to...*checks list*...Alex Jones.

Quote:
Originally Posted by Bill Haywood
Thanks to Google the technology is readily available and put Pence in the bully pulpit and his trend is in position.
Like Fly said, these sites moderating content is...not exactly new? The media hasn't listened to Trump telling them what to do, why would they listen to Pence? Unlike China, they're certainly under no obligation to.
08-07-2018 , 07:39 PM


Seriously this is bad faith and deserves nothing. Celebrating InfoWars constant stream of racist, inflammatory, and dangerous propaganda getting removed does NOTHING for our hypothetical future defense of when they try to ban MSNBC from cable. Because we'll be operating from the same sincere position of "good things are good, bad things are bad".

None of these ****nuts crying about Alex Jones' white power hour getting taken off Youtube will be making those arguments with us.
08-07-2018 , 08:45 PM
Quote:
Originally Posted by goofyballer
Why do you have to imagine this? There is already someone pressuring the media, bigly, in the Oval Office. Casualties remain limited to...*checks list*...Alex Jones.
Do they?

It's worth noting that, as with Alex Jones, this is not the result of pressure from Trump or Trumpists. Like Jones, this is the result of agitation and pressure from liberals. The cause hasn't even needed full state backing to have unintended and undesirable consequences (the market will not save us!).

I find what's happening to Jones amusing and gratifying and, in itself, a good thing. That's fully compatible with concern about what it might set a precedent for.
08-07-2018 , 09:45 PM
Quote:
Originally Posted by Original Position
Since we are in the realm of unrealistic policies, why not have your truth commission be a non-government organization like the ABA or AMA?
Interesting idea. I suppose the problems of how they are appointed are not much different than with judges.
08-07-2018 , 10:38 PM
But we have fact check sites, truth out or w/e, media matters, etc.

Prague Cemetery was a good book. Like Dvault said, this is not a new problem.
08-07-2018 , 10:51 PM
Quote:
Originally Posted by microbet
But we have fact check sites, truth out or w/e, media matters, etc.

Prague Cemetery was a good book. Like Dvault said, this is not a new problem.
I think this is like saying nukes are no big deal because war isn't a new problem. The internet and social media have fostered a shockingly rapid democratisation of social proving processes formerly vested in institutions like the press. Fact-checking sites and so forth are just attempts to bolster institutional authority, to preserve the role of curator of public discourse. But they only work if you're already prepared to accept curation: how many Trump supporters have you seen accept that the Clintons actually don't sleep on sheets woven from baby-skin just because (((Snopes))) said so?
08-08-2018 , 01:23 AM
Quote:
Originally Posted by All-In Flynn
I think this is like saying nukes are no big deal because war isn't a new problem. The internet and social media have fostered a shockingly rapid democratisation of social proving processes formerly vested in institutions like the press. Fact-checking sites and so forth are just attempts to bolster institutional authority, to preserve the role of curator of public discourse. But they only work if you're already prepared to accept curation: how many Trump supporters have you seen accept that the Clintons actually don't sleep on sheets woven from baby-skin just because (((Snopes))) said so?
"Social proving processes formerly vested in institutions like the press" is a relatively recent phenomenon and the idea that, for instance, the local newspaper was the arbiter of popular truth is also a relatively recent phenomenon.

The press and popular media have undergone periods of deep publish mistrust. For most of the 19th century and the early 20th century, newspapers were often a little like the internet: they were sensationalist, transparently partisan, and fabulist. Modern journalistic conventions and norms were just that -- modern conventions. Horace Greely started the New York Tribune to be a partisan weapon, not quiet partisan rancor; it a major daily with a huge circulation in a big city, and it was so obviously ideological he hired Karl ****ing Marx to write for him. The paper was so hated the Irish tried to burn it to the ground during the Civil War.

So i think the idea that we're dancing around is something like norm guardianship -- there are people who maintain system norms over time and hold the political process accountable to fundamental, rational truths -- but prior to the modern era (so say, prior to WWII) -- that was never holistically true that power was vested in the press.

The idea was never that the press was the steward of truth, or that people necessary dealt from a well of shared facts and had common arbiters of truth. The reality was more like highly vibrant partisan sectors (labor unions, partisan rags, industry trade papers, etc.) that competed not for all readers of some holistic polity but for audiences that they knew to be self-interested and motivated to read highly partisan news. Be careful that what seems like a permanent and unchanging facet of American life is really both something recent AND a bit of small-l liberal wishcasting.

As I said: all of the moral panic from here is flowing from the basics of that simple fact; *why* is a guy selling placebo brain juice and impugning the character of the parents of dead school children so popular? Why can't you talk sense into these people with Snopes links?

You've identified the problem; an old institution (the idea of a rational, non-partisan press beholden to modern journalistic norms of non-bias, presenting facts to an educated and socially integrated population themselves motivated by high minded ideals) is crumbling. No amount of fact checking is going to sanitize it. The institutions and norms of the last ~50-70 years in the press are largely crumbling due to a well-funded, high coordinated, increasingly global propaganda campaign waged by the right-wing to discredit it, but the institutions and social norms that provided a social context for a non-partisan, discourse-seeking press is ALSO crumbling.

THAT sort of context, as I said, is really nothing new at all. And a big, coordinated, decades-long disinformation campaign to discredit political opponents is pretty basic and everlasting property of attempts to influence collective social opinions. It's as old as the hills. I acknowledge social media, search engines, algorithms, etc. may be like nuclear weapons; could be. But I think the far, far bigger problem is that in many cases the left isn't even fighting in the war.

The most trivial problem I see is in the area of motivated reasoning. So we see are the right selling lurid fantasies about immigrant crime and black indolence and how together they are sapping white vitality and taking all the treasures and public assistance that rightfully belong to white people, the most crudely flattering nonsense to America's dog**** right-winger classes, and what people conceive of as the 'left' response is something like Pants on Fire Five Pinocchio scales + technocratic mumbo jumbo about the refundability threshold of child tax credits coupled with a Vox Explainer of what that might mean, and when that falls flat and we elect a crypto fascist game show host, we sometimes veer into self-pitying sneering about needing to educate and read books and stuff. Double down on the old norms and insist the audience is failing.

And so what you see is our voters and people sympathetic to us are lost and adrift and unclear as to what we collectively think and want, and they too are audience for constant right-winger propaganda campaigns meant to confuse, and meanwhile the right-wingers are getting a constant stream of highly targeted partisan and ideological news content meant to keep them agitated and reflexively angry and motivated.

I think we can get into lots of reasons why social cohesion was lost, why the old institutions are failing, why the press isn't especially fit for the role of norm guardianship, about the legal framework around the First Amendment, about regulation, breaking up social media.

But I remain convinced that the left's policies have a natural and inherent numeric advantage insofar as we advocate on behalf of the masses. We *should* be able to motivate people to our way of thinking, and move politics away from fascist barbarism. The fact is that the modern American right-wing gestalt isn't that popular. But while they are a minority of people, they are united, and motivated, and colluding effectively, and well-funded, and they're seizing power without hesitation, and we're clinging to the old norms that decry that as uncouth. So that they've weaponized information and communication for highly partisan and ideological ends, and we're just sitting around calling them Pinocchio and Pants on Fire while people clamor for something more from us, wanting to know what practical and meaningful things we can do for them.

I am not suggesting you can defeat Alex Jones and return back to the era of Walter Cronkite and the nightly newsboys broadcasting truth to America. Those days are gone, the social context that produced them are over, the era of partisanship and ideological motivated reasoning is here, and the algorithms and social media probably aren't going anywhere. The task before us to to channel our inner Horace ****ing Greely and put ourselves in the same kind of headspace that he did; he recognized that he was living in a slavocracy horror show and started a paper that unapologetically crusaded for abolition and universal suffrage. He didn't unleash fact checkers to see if southern newspapers claims that freed black slaves would slaughter whites by the thousands and rape their white daughters were true, he didn't cherish access to Jefferson Davis's government in Richmond and he didn't turn the Tribune editorial page over to the 19th century equivalent of Bari ****ing Weiss in the interest of fairness and non partisanship.

tl;dr summary: true, rational discourse only works in a social context where we have a population ready to accept curated facts and the like. We don't have the luxury of living in such a time and place, at least not anymore, so don't squander our natural advantages in motivated reasoning and leave he playing field open to racists and selfish zillionaires looking to build even bigger fortunes. The immediate post WWII era is over, the era of huge growth and shared prosperity and the social integration and cohesion that followed (that allowed for a flourishing 'non partisan' press promoting rational discourse) is over, the world is evolving, and the Grab What You Can Era is here. And the right is way ahead of the left on this. Don't let a nostalgia for a waning era and a set of cultural tics lose sight of what is necessary.

Last edited by DVaut1; 08-08-2018 at 01:38 AM.
08-08-2018 , 01:31 AM
Quote:
Originally Posted by Orwell
The Spanish war and other events in 1936-37 turned the scale and thereafter I knew where I stood. Every line of serious work that I have written since 1936 has been written, directly or indirectly, against totalitarianism and for democratic socialism, as I understand it. It seems to me nonsense, in a period like our own, to think that one can avoid writing of such subjects. Everyone writes of them in one guise or another. It is simply a question of which side one takes and what approach one follows. And the more one is conscious of one's political bias, the more chance one has of acting politically without sacrificing one's aesthetic and intellectual integrity.
.
08-08-2018 , 01:41 AM
I think a couple generations of anti-communist fervor really messed up the American understanding of totalitarianism. Most Americans can only see it as an oppressive communist state like the Soviet Union or China. They imagine fascism as more or less free societies aside from the persecution of some minority and the waging of war. They think 1984 was only about Stalin and not at all about Hitler.
08-08-2018 , 01:43 AM
Quote:
Originally Posted by Shuffle
lol

surely this is sarcastic
No I'm not being sarcastic. But, I'm not saying all the fact-checking sites are always super great. I said something in a certain context. So, you must be claiming that the United States government should be the Arbiter of Truth in journalism. Or do you have some other alternative?
08-08-2018 , 01:50 AM
How many years did Walter Cronkite spend being the government's mouthpiece in support of the Vietnam War before boldly telling us that maybe My Lai was a problem or that the Pentagon Papers were published?
08-08-2018 , 01:52 AM
Quote:
Originally Posted by Shuffle
The individual should be the arbiter of truth. If you think people are being stupid and falling for false narratives, then take a look in the mirror and ask yourself why you aren't capable of convincing them otherwise?
Oh man, so the best solution we got to Alex Jones is mobilizing an army of truth tellers who will individually convince his followers the error of their ways?

We are so ****ed.
08-08-2018 , 01:55 AM
Quote:
Originally Posted by Shuffle
1. Truth is not always black and white.

2. The individual should be the arbiter of truth. If you think people are being stupid and falling for false narratives, then take a look in the mirror and ask yourself why you aren't capable of convincing them otherwise?
I don't get the point vis-a-vis factcheck.org. I'm not suggesting imbuing them with some official power. They, and others, are a source people can use and judge for themselves.
08-08-2018 , 02:16 AM
Quote:
Originally Posted by well named
I think they are separable for analytical purposes, but I agree that they are clearly interrelated. And the research I linked with that graph is investigating their relationship. Hence I wrote that "I think the evidence suggests that status anxiety might be a better explanation than economic anxiety, where the latter is measured very simply. Or at least you have to consider both."
It's not status anxiety, and it's not economic anxiety, although it's an obvious correlate to both. Nobody gives a **** if black people live in a decent home (at least as long as it's not near their neighborhood), nobody gives a **** if black people gain access to fresh food or basic healthcare or anything else of that sort. In reality, it's straight ****ing sadism. These people WANT to see pain inflicted on an outgroup. They get off on it. They're literally ****ing jerking off to police brutality videos.

Republicans have had some understanding of this for a long time, but it took Trump to come in and shamelessly campaign on the equivalent of "**** em all to death", which horrified the libs, and now it's double the sadistic thrill getting to see the libs cry too. Doing the most cartoonishly evil **** possible publicly (like letting ICE go HAM recently) is a feature, not a bug.
08-08-2018 , 03:02 AM
Quote:
Originally Posted by Shuffle
The funny thing is that most of these dumb ideas come from people fairly insulated from the effects of real power in the world. It's exactly these types of people who were robbed of their villas and arbitrarily executed by the emperor whenever the state needed money.
Makes sense.
08-08-2018 , 07:12 AM
Quote:
Originally Posted by FlyWf


Seriously this is bad faith and deserves nothing. Celebrating InfoWars constant stream of racist, inflammatory, and dangerous propaganda getting removed does NOTHING for our hypothetical future defense of when they try to ban MSNBC from cable. Because we'll be operating from the same sincere position of "good things are good, bad things are bad".

None of these ****nuts crying about Alex Jones' white power hour getting taken off Youtube will be making those arguments with us.
To me, the specifics of Alex Jones and our tech overlords banning them seem like just bizarre burden shifting. I mean the long form argument seems to be something like...

Right wingers for generations: industrialists and venture capitalists have teamed up to provide technological wonders like the internet and social capitalists, LOLZ Soviet Venezuela can't even feed themselves
The left: yeah but it's a big social danger to give them unfettered, unregulated power and ~zero tax obligations to these companies they might amass fortunes and market share to make their political power unimpeachable
Right wingers for generations: LOL Marxist China is poor, NO free internet, shame on your ideology
----
Later right wingers after giant unaccountable overlords target their Nazi adjacent political allies: woah woah woah, what is the left going to do about this egregious violation, aren't you OUTRAGED

The correct answer to this is the Shruggie emoti thing: ¯\_(ツ)_/¯

To me, this is an internecine battle between dog**** people, even more dog**** people, and the world they're collaborating to build together. When the Michael Tracey's of the world try to ensnare the left and leave literally any facet of this at our feet, GTFO of here, it's your garbage companies operating within the confines and context of your wondrous capitalist society trying to contain the worst contagions unleashed by the activists who worked hard to build all the faux democratic consensus for such a world. This ain't got **** to do with me, with the left, go work out your own problems with @jack and Zuckerberg and Yootoob. We ain't gonna solve this for you, it's what was warned about while you were yucking it up about how media regulations and progressive taxation were Ceausescu/Alinsky tactics.
08-08-2018 , 08:48 AM
I'm against censoring any free speech on social media. Yes, they spread hate and lies. This is no different from Nazi's matching down a predominately Jewish neighborhoods in Skokie.

Even though Nazi beliefs are repugnant to the vast majority of people, to ban any free speech is just too dangerous of a slippery slope.

      
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