warpus
Sommerswerd asked me to change this
Yeah, a promissory note, right?
But that doesn't mean that money is speech. That'd be silly.
But that doesn't mean that money is speech. That'd be silly.
Yes I understand that you believe that, but the constitution clearly has something to say about the case.You can make the argument for speech. But you can also make the argument for compelling public interest, the will of the legislature, and precedent. In making the speech argument, one thing to keep in mind is that no persons' right to speech was infringed by the law.
Yes I understand that you believe that, but the constitution clearly has something to say about the case.
I'm not sure what's more "free speechy" than airing a film critical of a politician. Surely if free speech is to protect anything at all, it should protect the right to publish works critical of politicians. In the days of pamphlets and town criers, this meant primarily protecting individuals from state retribution. These days, these protections ought to extend to protecting publishing houses, film studios, broadcasters, news agencies and online media (and I don't see how you of all people think it shouldn't protect unions!). And since it costs millions and millions of dollars to effectively run these businesses, pay actors, pay for editing, pay for film sets, pay for equipment, etc etc etc, those dollars shouldn't count as political donations or whatever, but instead as a "cost of speech".
You can certainly make a case for public interest and so on, but the constitution seems to come down fairly strongly in favour of CU's right to broadcast a film about Hilary Clinton. If you want to change the law, citing overwhelming public interest, you'll have to do away with some of the protections that your constitutional right to free speech affords (and if it's so obvious that these things should be banned, it shouldn't be hard to convince legislature to change it). In the UK, we don't have such an enshrined right, and we don't have a high court mandated to protecting that right in a broad "life, liberty and the pursuit of happiness" sense. So instead, a government can ban any and all political adverts, attack ads, and so on appearing on TV, allowing only a boring 3 minute segment in which a politician stares blankly at a camera and tells everyone why they should be the nextapprenticeprime minister. That's pretty cool. But it also means that the government can ban all sorts of speech that most Americans believe ought to be protected. It's swings and roundabouts.
If you ask me, the best argument against CU is precisely a free speech argument: if free speech really does cost millions and millions of dollars, then very few people actually have free speech. The more dollars you have, the more speech you have; and the speech of those at the bottom will be drowned out by the speech of those with millions of dollars. The political debate will be distorted by those with the most money, and make free speech more difficult for everybody -- and near impossible for the vast, vast majority. Far from protecting free speech, it reduces free speech for the vast majority of people.
In any case, you can't possibly argue against this without saying something about free speech. You can moan all you want that corporations are not protected by the right to free speech, but that is simply wrong, both as a factual statement and as a normative statement. If free speech protects anything at all, then it ought to protect the right to publish films critical of politicians. If you want to ban corporations from doing that, then you have to significantly and meaningfully limit the right of free speech, as we have done in the UK.
When you talk about all those other things, "compelling public interest, the will of the legislature, and precedent", what you're saying is that these things in some way balance out the right to free speech. That we have to balance the constitutional right to free speech with value judgements, politician's desires, and what has traditionally been permitted. But that argument presupposes that "compelling public interest, the will of the legislature, and precedent" are up there alongside the constitutional right to free speech; that the constitutional right to free speech is on par with those things, legally.
Put another way, you are arguing that free speech be "demoted" to the level of legislation, as it is in the UK. Free speech in this country is just a legislation, that can be overridden with other legislation. You are arguing precisely that free speech in the US is, in fact, the same: they made a law that prevented certain organisations from engaging in free speech under certain conditions, and that this law trumps free speech arguments from the constitution. You are arguing that the right to free speech should be significantly and meaningfully curtailed, from a constitutional one to a legislative one. Fair enough, that's not an invalid position to hold (it's more or less worked for us, though the swings come with some roundabouts), but if you want to do that then you'll need to amend your constitution. AFAIK, nobody's really been arguing that. Instead, they've been arguing on the basis of free speech itself.
Submarines routinely stay underwater for ~500 days with only a crew of less than 10?
That sorts of sounds like the same psychological issues you'd face when sending astronauts on an extended journey to another planet, say.. Mars.
How does any of that demonstrate in detail that the rigors of interplanetary (not intercontinental) travel are within human limits? Arrogance, anecdotes, and assumptions are not particularly convincing to me.Nope. But they demonstrate that people who have get up and go to my job five days a week jobs are in no position to even guess what people are capable of dealing with in harsh isolated conditions. I have found that trying to explain life on a submarine to people is hardly worth the effort. They either don't believe it outright or they don't disbelieve it only because they aren't really grasping it.
What is the longest that a person can work without sleep or chemical assistance? What happens when people who don't like each other much in the first place are stuck undergoing such a sleep deprivation test together?
What happens if two people who outright hate each other are confined to chairs right next to each other for six hours at a time, day in day out for months on end?
What happens to a person who inadvertently makes everyone they are going to see for the next ninety days blazingly angry at them? What if no one ever gets over it and that person becomes a pariah but is stuck going back to sea with this same crew for extended periods for years?
Throw in constant undercurrent of potential death, punctuated by the occasional obvious and immediate threat of death.
How does any of that demonstrate in detail that the rigors of interplanetary (not intercontinental) travel are within human limits? Arrogance, anecdotes, and assumptions are not particularly convincing to me.
Pantywaist?Define please...
No worries Tims, many nations will be going to Mars.
Then don't act as if you're the only expert on the bloody subject then. Your submarine experience doesn't honor you with the capability to blow off the challenges posed by space travel and strawman those with concerns as opposed to any sort of manned space travel.It doesn't.
Then don't act as if you're the only expert on the bloody subject then. Your submarine experience doesn't honor you with the capability to blow off the challenges posed by space travel and strawman those with concerns as opposed to any sort of manned space travel.
TL;DR: take your misplaced attitude and shove it.