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Re:Freedom of speech is in retreat by talmand on Tuesday June 07, 2016 @03:37PM (#11857145)
I am making the argument that if a non-state actor is actively suppressing your speech with illegal activities and the state does nothing to prevent it, then the state is complicit in those actions. Take speech and the First Amendment out of it for a second; if a non-state actor oppresses you via illegal activities and the state does not step up to stop said illegal activities, then it is complicit in that oppression.

But you seem to be ignoring that aspect of what I'm saying.

It is the same argument used in the civil rights era when certain states turned a blind eye to racial injustice. The state wasn't always directly oppressing the minority community with their powers, but the Federal government had no issue labeling and punishing those states for oppressing those people. Partly because of the inaction of preventing illegal activities against the minority communities. I don't recall many stories of state officials lynching young black men under the power of the law, but I've heard many of white men doing it with impunity with the law refusing to respond. All for the purposes of oppressing that community. I grew up in the South, I saw such racial injustices throughout my life all the way to college. It's a major reason why I have this attitude about oppression of people.

Please point me to where I have stated that free expression and free speech should allow the violation of property rights. I don't even understand how you can make that statement. I have not included the idea of third-parties being involved in anyone's speech. I have never claimed that one should have the right to post whatever you want on Facebook and that they can be forced to host it. I do not agree with that and feel that Facebook can do whatever they want with their property. I'm confused as to how Facebook even comes into this discussion. I'm not a big fan of pointing out fallacies, but I'm sure you made a couple with that one. I believe straw man is a popular one.

As your thoughts on the right of free expression; depending on your feelings about the United Nations, they disagree with you:

The Universal Declaration of Human Rights : Article 19 : Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Now, granted, the UN tends to ignore that themselves when it comes to several of their member states. But it's there, and it's a natural right due to any free human being.

As for assaults and violence being ignored by police, any news media of your choice will likely lead you to stories on the subject. I fail to see how the government could be unaware of it. I see you skipped over the Chicago and San Jose examples. Also, the assaulted is not required to report to the police for action to be taken if the assault happened in the open.

Re:Freedom of speech is in retreat by jasode on Tuesday June 07, 2016 @04:30PM (#11857529)
>I'm confused as to how Facebook even comes into this discussion.

Facebook often comes up because they curate, suppress, or block some users' comments/photos. Their discretion is framed as a "free speech" issue. Facebook is big so they've become a sort of common "placeholder" for a non-government private entity that limits users' expression. Also, Facebook was mentioned several times in the article that this thread is about.

>As your thoughts on the right of free expression; depending on your feelings about the United Nations, they disagree with you: The Universal Declaration of Human Rights : Article 19 : Everyone has the right to freedom of opinion and expression;

The UDHR Article 19 is also about preventing government oppression in similar spirit to the USA First Amendment about "freedom of speech". (See my other comment about UDHR's origins and intended audience.)

People are quoting it out of context and applying it as if it was some universal "free speech without any consequences from non-government actors" proclamation.

Re:Freedom of speech is in retreat by talmand on Tuesday June 07, 2016 @05:09PM (#11857872)
As I said, I don't necessary agree with the Facebook thing. I can see why people complain about their behavior, which is fine. I was saying that I think the subject is irrelevant to the discussion.

I suppose I interpret the title "The Universal Declaration of Human Rights" as meaning beyond government oppression. I believe in the idea of natural human rights and government exists because we allow it.

Regardless, I interpret government inaction on non-state actors that actively suppress by illegal activities a person's rights to free expression (or speech, whichever makes people happy) as a form of government oppression.

EDIT: thanks for the discussion, you've given me much to consider.

Re:Freedom of speech is in retreat by gnaritas on Tuesday June 07, 2016 @05:22PM (#11857975)
> Regardless, I interpret government inaction on non-state actors that actively suppress by illegal activities a person's rights to free expression (or speech, whichever makes people happy) as a form of government oppression.

The above sentence is essentially lacking entirely of meaning. As your right of speech/expression can only be invoked when suppressed by a state entity, I assert that a non-state actor cannot possibly violate said right.

Please give me one example of a non-state entity violating your right to not have your speech oppressed by the state?

Re:Freedom of speech is in retreat by talmand on Wednesday June 08, 2016 @10:27AM (#11862461)
Please explain in another way how it lacks entirely of meaning, because your current explanation is essentially lacking entirely of meaning.

How does my right to free expression require a state entity? That implies that right is provided for by the state entity. That's not how it works.

Here's an example of how a non-state entity can violate your right to free expression with the state's approval; you start to say something I don't like, I punch you in the face to shut you up. You try again and I punch you again. Now imagine a police officer standing right next to me watching me do it.

Re:Freedom of speech is in retreat by gnaritas on Tuesday June 07, 2016 @05:17PM (#11857937)
I'm not ignoring it, you're claiming a right you don't have. You do not have a right of free speech/expression outside of not having the government trample on it. Non state actors don't have to break the law to censor you, they have the legal right to do it on their own property. If someone is oppressing you illegally call the cops or sue them, the state already protects you against illegal activities. You're complaining about individual acts of corruption and calling them state support, this is incorrect.

The UN Article 19 does not disagree with me, it's also about non government intervention.

Local police corruption is not the same thing as government support. Those incidents are examples of local corruption, not government sanctioned oppression, and they are being addressed and that will take years to play out to see how the state responds.

Re:Freedom of speech is in retreat by talmand on Wednesday June 08, 2016 @10:22AM (#11862439)
Explain to me how punching me in the face while standing in a public space to make me shut up is a legal right on private property? With police standing nearby to witness the whole thing and yet do nothing. You keep going back to private property to deflect from what I'm saying.

I've already agreed to your premise around private property, why don't you consider my premise which is different?

I shall read up again on the UN's declarations. I admit it's been quite a few years for me.

Since the local police are an arm of local government, police corruption is the same as government support. When the next level of police hierarchy at the state government level also decides not to respond, then that's government support at the state level. As I said elsewhere, look into the complaints of the civil right's era and how state government's ignored crimes on the black communities.

Re:Freedom of speech is in retreat by gwright on Wednesday June 08, 2016 @09:28PM (#11866997)
Assault is a violation of your right to not be physically attacked. The reason for the attack is generally irrelevant. It doesn't matter if it was something you said, jealousy induced hatred, road rage, gang initiation, and so on.

An officer of the law refusing to enforce the law is incompetence, abuse of authority, or corruption. Executive branch incompetence, even criminal incompetence, is something distinctly different than legislative proscriptions that institutionalize through the power of law unwarranted interference in freedom of expression.

There is no need to label all these problems as instances of infringement on freedom of speech in order to argue that they are inappropriate. They are inappropriate all on their own. Mislabeling them just confuses the discussion.