Freedom of Speech

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Apr 11, 2010
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OK, so everyone here MOSTLY believes in freedom of speech. I don't think anyone wants people to be arrested for MOST speech. But what about all speech? Should ANY speech be prohibited?

I was thinking of the attacks that were sparked because of that guy that burned the Korans and the guy that made that anti-Muhammad video. When I heard one of my English teachers argue that he be legally punished for that speech, I almost lost my mind. I don't approve of his actions, of course, but to ban freedom of speech is a dangerous, absurd precedent.

The "Fire in a theater" comparison was one this English teacher used as a comparison. The fundamental differences between the Koran burning or anti-Muhammad video and shouting "Fire" in a crowded theater are numerous.

1. While there are some radical Islamists (Note: Not anywhere near a majority of Muslims, let's be clear) who will kill people because of anti-Islamic speech, the deaths of those people is not a direct result of the speech in question. If I say something that ticks you off and gets you to kill your brother, his death is not directly my fault unless I said "Kill your brother" and even then the accusation that it is my fault is fairly shaky. If I insult your religion and you decide to kill someone over it, sure, I acted in an immoral way, but I did not CAUSE their death. To blame me for that death is to take away responsiblity from those who can clearly control themselves.

On the other hand, shouting "Fire" in a crowded theater will perfectly logically lead people to run for their lives. This is the direct intended result of what I am saying. The only possible comparison is if he had actually TOLD the terrorists to kill someone. Even then, the comparison doesn't quite feel right, since someone could rationally reject an order to kill, but "There's a fire!" is going to lead any normal person to flee for their freaking lives.

2. I believe all speech should be protected, unless it directly endangers someone like the "Fire in a theater" thing, but the kind the first amendment was specifically written to protect is political and religious speech. They didn't have "Shouting fire in a crowded theater" in their mind, and there's no important reason to protect that speech either. There are some other kinds of speech, like profanity, that MIGHT not be explicitly important to protect, but there's no victim so logically it should be legal anyway. In contrast "Fire in a crowded theater" has many victims. Burning a Koran not only is victimless, its actually an expression of religious speech, much like burning the flag is a form of political speech. As such, neither should logically be banned, and in fact, it is contrary to freedom of religion to ban insults of other religions.

Thoughts? When should speech be restricted and why?
 
Panicking people and causing a totally unavoidable reaction, like fleeing from a fire, is your fault. Not the same.

I'll make a deal with people who say that blaspheming Islam should be illegal for the sake of peace: If we can say that all Muslims are legally minors regardless of age, and are to be considered legal incompetents until cured, then I will agree that they can't help but riot when someone draws naughty pictures of the Prophet. Islam would then have to be officially recognized as a mental disorder, and we could provide treatment for this crippling condition that tragically reduces mental function to the point that one is no longer responsible for one's actions.

I, on the other hand, choose not to think such terrible things about Muslims. They are fully competent people who are able to decide if rioting is an appropriate response to obscene comics.
 
Nothing is absolute, not even the best principles. Everything has to be weighed against the consequences that it will have.

In the case of the Mohammed video, it should not be restricted in my opinion.
 
Free speech, all the way, except for these 4 conditions:

1. Yelling FIRE in a theatre scenario
2. Hate speech against protected classes
3. Lying about a product or service you are selling in some sort of an advertisement (TV, paper, etc.)
4. News networks lying or misrepresenting facts
 
Free speech, all the way, except for these 4 conditions:

1. Yelling FIRE in a theatre scenario
2. Hate speech against protected classes
3. Lying about a product or service you are selling in some sort of an advertisement (TV, paper, etc.)
4. News networks lying or misrepresenting facts

I'll agree with the other three. I can't agree with #2 until I have a definition of "protected classes".

The problem with censoring "speech" is that it is the first step towards censoring thought, which should never been censored, at any time, for any reason.
 
protected classes? What is that? Are you serious?

hate speech should be legal imho. Because then you have a government deciding what is and what isn't hate speech.

I'm guessing white people are not a protected class, so hate speech is perfectly fine against them.
 
I'll agree with the other three. I can't agree with #2 until I have a definition of "protected classes".

The problem with censoring "speech" is that it is the first step towards censoring thought, which should never been censored, at any time, for any reason.

Depends on where it's happening, I'd think, but there are several examples that should work almost anywhere: minorities and homosexuals

Hate speech should be illegal because by inciting hate against a group you are putting that entire group at risk. You are not only affecting 1 person - you are affecting an entire group of people.
 
Free speech, all the way, except for these 4 conditions:

1. Yelling FIRE in a theatre scenario
2. Hate speech against protected classes
3. Lying about a product or service you are selling in some sort of an advertisement (TV, paper, etc.)
4. News networks lying or misrepresenting facts

Pretty much. Also the standard exception for slander and libel, but that's tort law.

hate speech should be legal imho. Because then you have a government deciding what is and what isn't hate speech.

Hate speech is a tricky thing, and I've been happy about the decisions our judges have made on the topic. And for the record, I would not count The Innocence of Muslims, or whatever it's called, as hate speech.
 
I don't think people should be getting up in arms over insulting cartoons and I don't support censoring either but one knew full well what the consequences of all this would be and went ahead and did it anyway. It's almost like poking a lion with a stick, knowing full well sooner or later he'll tear someones leg off and then being shocked when he does. We don't like what happens and we don't like that the lion reacted in such a way but one could have avoided the whole mess in the first place.
 
Depends on where it's happening, I'd think, but there are several examples that should work almost anywhere: minorities and homosexuals

Hate speech should be illegal because by inciting hate against a group you are putting that entire group at risk. You are not only affecting 1 person - you are affecting an entire group of people.

I can't say I agree. According to that, "Die nigras die!" and/or "God hates fags!" is in some way different from "Crackers must die!", and that's simply not the case.

One could argue the group of people who are discriminated against most in this country are white men.
 
I don't think people should be getting up in arms over insulting cartoons and I don't support censoring either but one knew full well what the consequences of all this would be and went ahead and did it anyway. It's almost like poking a lion with a stick, knowing full well sooner or later he'll tear someones leg off and then being shocked when he does. We don't like what happens and we don't like that the lion reacted in such a way but one could have avoided the whole mess in the first place.

You are free to do it as long as you realize that you share responsibility for the consequences. Ignorance is no excuse.
 
I can't say I agree. According to that, "Die nigras die!" and/or "God hates fags!" is in some way different from "Crackers must die!", and that's simply not the case.

One could argue the group of people who are discriminated against most in this country are white men.

It is different - homosexuals (let's use the preferred nomenclature please, lest we look like bigots) get beaten up, ridiculed, etc., just because of their sexual orientation.

Hate crime laws exist to protect them for that reason - Calling them the word you used intimidates and affects them as a group. There is no such need to protect white men, for example. If white men start being beaten up for simply being white men, and it turns into a problem, you could then argue that white men should be added to the list of protected classes of people. As things stand now, the suggestion is rather silly.
 
You are free to do it as long as you realize that you share responsibility for the consequences. Ignorance is no excuse.

Exactly what my inarticulate self was trying to say. We of course don't like the consequences but they were fully known beforehand.
 
Lets say that the guy that made the video forsaw the likelihood of a violent reaction. Lets say someone was an innocent victim of that violence. Should the victim be able to sue the instigator in tort?
 
It is different - homosexuals (let's use the preferred nomenclature please, lest we look like bigots) get beaten up, ridiculed, etc., just because of their sexual orientation.

Hate crime laws exist to protect them for that reason - Calling them the word you used intimidates and affects them as a group. There is no such need to protect white men, for example. If white men start being beaten up for simply being white men, and it turns into a problem, you could then argue that white men should be added to the list of protected classes of people. As things stand now, the suggestion is rather silly.

I used the language to make a point. I have no issues with any of those words, even those that "hate" on me, a white male. They are just words, they have no meaning beyond their definition unless you ascribe additional meaning to them.

So you are saying that there is no need for hate crime laws to protect white men because they are the haters? That's some thin logic. So let's wait until white men are being persecuted to do something about it? Maybe we should be PROACTIVE about a problem for once. Whatever happened to all "men" being created equal. There should be no protected classes of people because most people don't care if you are black, white, red yellow, Catholic, Protestant, Muslim, gay, straight, male, female...etc. The law has to protect everyone, or it protects no one. This politically correct garbage has gotten so old.

A black, straight Baptist woman shoots and kills a white, Catholic homosexual male. Is it a hate crime? If so, how do you establish that unless the defendant states that as his motivation? To infer it from the circumstances alone is just plain ridiculous. What if they were both straight? What if they were both Catholic? What if she shot him because he was wearing Nike's and the defendant hates Nike's, is it a hate crime?
 
Panicking people and causing a totally unavoidable reaction, like fleeing from a fire, is your fault. Not the same.

I'll make a deal with people who say that blaspheming Islam should be illegal for the sake of peace: If we can say that all Muslims are legally minors regardless of age, and are to be considered legal incompetents until cured, then I will agree that they can't help but riot when someone draws naughty pictures of the Prophet. Islam would then have to be officially recognized as a mental disorder, and we could provide treatment for this crippling condition that tragically reduces mental function to the point that one is no longer responsible for one's actions.

I, on the other hand, choose not to think such terrible things about Muslims. They are fully competent people who are able to decide if rioting is an appropriate response to obscene comics.

THIS a thousand times.

Not the moderators, obviously.

The moderators may full well think that arresting people for speech is wrong.

Free speech, all the way, except for these 4 conditions:

1. Yelling FIRE in a theatre scenario
2. Hate speech against protected classes
3. Lying about a product or service you are selling in some sort of an advertisement (TV, paper, etc.)
4. News networks lying or misrepresenting facts

Hate speech being banned is a load of crap, and #4 is far too subjective.

Which of the following stateemnts would you say crosses the line for "Hate speech?" (No particular order.)

1. I don't like homosexuals.

2. Homosexuality is a sin according to my faith.

3. Gay marriage should not be allowed.

4. Civil unions for gays should not be allowed.

5. We need new sodomy laws.

6. We should restore the Old Testament laws against homosexuality.

7. Homosexuals are f--s

8. Homosexuals are abominations.

9. Homosexuality is an abomination.

10. Everyone should just start lynching the gays.


#10 is, at least in any normal context, a threat, and so I could see that being banned, but all of the other nine statements should be legal, although I'd only make the second or third statement (The ninth one is technically Biblically accurate as well, but that goes for lying as well and so would be too offensive in modern context.)

That said, there are some people who would make all nine of those statements. Those people should be disgraced by society, but not censored.

Where do YOU draw the line between religious fundamentalism and hate, and why?
 
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