You think that Minsky being unaware of the coercion would not be a mitigating factor in accusing him of sexual assault? When was that decided?
Powerful billionaire brings you to his private island and presents a beautiful young woman to you who appears ready and willing to have sex with you, a 75-year-old man.
Is that ever credible, even in a porno?
For Stallman to push this "Minsky didn't know" narrative now, with no horse in the race, and Minsky having passed away 3 years ago, is beyond the pale. I get the idea of trying to defend the reputation of your dead friend, but... c'mon. It's not the time or the place, and Stallman should know better after decades of being "misunderstood".
Then again, an account from someone else at the gathering claims he saw what happened, and that Minsky rejected the girl's advances. If true, that kind makes the whole thing moot.
(I'd like to not get into arguing about Minsky's own actions or about mitigating factors in sexual assault in this particular thread. 'esotericn is talking about what is reasonable to discuss or not in which circumstances, not about the merits of the argument in question. And I'm also personally not interested in arguing the case.)
I guess I don't understand your point about Stare Decisis, then. Is your point that Stallman knew that his argument was wrong, but he put it forward anyway? Was there some piece of social case law he was supposed to be referencing here?
If those circumstances were unfavorable to him (as in your analogy), i'd be convinced that Minsky was at fault. If not, then I wouldn't be. But all that is to say that it seems to me that Stallman's abstract argument was fine to bring up - it just then puts the question back to his counterparts in the discussion to articulate a view on those circumstances to justify their position.
To clarify further, however, Minksy was not dead "before any of this hit the news"; he died in January 2016.
Claims against Epstein had significant publicity much earlier than that; as just one example, in 2015 the Prince Andrew - Epstein connection was making headlines due to the Virginia Roberts case.[1]
[1] https://www.mirror.co.uk/news/uk-news/bbc-planning-panorama-...
You’re absolutely right that the allegations against Epstein were in the news before 2016 though, after all he was initially sentenced for his crime in 2007.
This is a strange conclusion for you to draw because this statement applies to the majority of HN posts likely including both yours and mine. No decisions are being made here.
Except that in fair trials we have the concept of stare decisis, that once something has been decided, it's been decided. We very intentionally do not have the courtroom try to reason something out from first principles every time. We do not defend each person who runs a red light by saying, is it actually bad to run a red light. The cases which do overturn existing legal or social precedent are rare, carefully picked by the lawyers to be as sympathetic as possible (cf. Rosa Parks), and carefully timed to line up with sufficient hope of social consensus having changed around the law.
While it is absolutely your right to say "What if this bad thing is not actually bad," to do so without presenting a novel argument about it, and especially to do so for the sake of being contrarian, is not how we make decisions. You should look at the strongest arguments on both sides. You should privately take the opposing side and then see if you can knock it down.
The arguments Stallman presented were hardly arguments and were not novel at all. They're arguments that have occurred to the people he's arguing against, already. If he wants to seek the truth and not just advocate a side, he could have and should have figured that out. I still believe in his right to free speech (in the sense that I would defend his freedom to speak without government coercion), but I don't think he made a contribution to the discourse that's worth defending at a social level.