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Re:Removing Holocaust Denial Content by lki876 on Monday October 12, 2020 @11:12AM (#24755182)
> This heavy-handedness isn't an encroachment on free speech

Maybe this is necessary and good, but of course it's an "encroachment on free speech". That's literally what is is. We can obfuscate this by replacing the words "encroachment on free speech" with "heavy-handedness" to get the sentence above. But really what is says if we remove the obfuscation is:

> This encroachment on free speech isn't an encroachment on free speech

That makes no sense.

Again, it may be a good idea, but censorship with a good reason remains censorship, or as you put it, an encroachment on free speech.

Re:Removing Holocaust Denial Content by whoisjuan on Monday October 12, 2020 @11:37AM (#24755512)
Not really. Freedom of speech as defined in the constitution:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Internet speech is not the same as freedom of speech. Facebook is a private platform and when you sign-up and use them you abide by their rules. This is not censorship. Facebook can ban whatever they want. They are not censoring anything. They are just denying the use of their platform to spread absurd anti-semitic ideas that have no place in an educated and civilized society.

I have said this before in HN, but I'll say it again. There seems to be this idea that freedom of speech comes with an automatic and superseding right to distribution. That's 100% wrong. You can believe whatever idiotic ideas you want but you can't claim freedom of speech to force other people to give you a platform for your beliefs.

Re:Removing Holocaust Denial Content by jdpedrie on Monday October 12, 2020 @11:45AM (#24755624)
This is silly. Of course Facebook's censorship is censorship. It is true that they are not bound by the first amendment in the same way in which Congress (and via incorporation the states) are bound, but freedom of speech is a concept which exists independent of the first amendment guarantee to its enjoyment.
Re:Removing Holocaust Denial Content by remram on Monday October 12, 2020 @12:35PM (#24756235)
Wouldn't forcing Facebook, a private company, to promote and convey any and all content equally, even content that they fundamentally disagree with, be restricting their own freedom of speech? Why should they be forced to distribute such messages?
Re:Removing Holocaust Denial Content by stale2002 on Monday October 12, 2020 @03:15PM (#24758289)
> Wouldn't forcing Facebook

Feel free to argue that Facebook should be allowed to censor others. But it is still censorship.

It is perfectly possible for someone to both think that Facebooks actions should be allowed, and are also censorship at the same time.

Re:Removing Holocaust Denial Content by remram on Monday October 12, 2020 @06:09PM (#24760017)
If you are yelling or distributing pamphlets in my backyard and I don't like the message, and I ask you to move, I'm not sure you would refer to it as "censorship".
Re:Removing Holocaust Denial Content by stale2002 on Monday October 12, 2020 @11:49PM (#24762085)
Sure, that would be you censoring certain types of speech on your property.

It would have a pretty small effect on other people's ability to engage in speech. But it is an effect none the less.

If you owned a huge amount of property, though, then this would be a larger amount of censorship.

Re:Removing Holocaust Denial Content by remram on Tuesday October 13, 2020 @10:39AM (#24765986)
We agree then, this is "censorship", but has nothing to do with "freedom of speech" as codified in US law.
Re:Removing Holocaust Denial Content by stale2002 on Tuesday October 13, 2020 @02:09PM (#24768105)
> but has nothing to do with "freedom of speech"

It absolutely has something to do with the general concept of freedom of speech, actually.

Freedom of speech is a concept, not just a law.

Re:Removing Holocaust Denial Content by bilbo0s on Monday October 12, 2020 @12:40PM (#24756299)
This is exactly the reason non governmental entities should be allowed to do as they please within the confines of Constitutionality. If they aren't allowed that freedom, then they aren't free, and you have a bigger problem. In this sense, censorship is free speech, as you point out. But it's still a form of censorship. It's just censorship that should be allowed and encouraged like any other form of speech or expression by non governmental entities.

EDIT: (At least, that's how it works in the US. Other nations, other laws.)

Re:Removing Holocaust Denial Content by whoisjuan on Monday October 12, 2020 @12:00PM (#24755794)
In many countries Holocaust Denial it's a crime. The world it's not only the US. So let's start there. If you want to call this censorship that's within your rights of course (your freedom of speech right, nonetheless).

Either way, I think people have also a wrong idea of what censorship is. If I tell you can't take a shit in the middle of my living room and you claim that I'm censoring you, then maybe you should reconsider your logic and definition of censoring. This is basically the same.

Re:Removing Holocaust Denial Content by jdpedrie on Monday October 12, 2020 @12:13PM (#24755971)
You're missing the point. "Censorship" is an abridgement of freedom of speech. Whether it's legal censorship or illegal or even government mandated, it's still censorship. You're trying to change the meaning of well-defined terms because you're uncomfortable with what the implications of them might be. If you're pro-censorship, just say so, don't try to change what freedom of speech means.

There's no one who would advocate complete and total freedom of speech in every arena. Whether it's social, legal or self censorship, the question isn't about whether a line exists, it's where we place it.

Re:Removing Holocaust Denial Content by whoisjuan on Monday October 12, 2020 @12:36PM (#24756243)
Well I already said it. I say that Facebook is within their rights (by your definition) to "censor" this. Personally I don't consider this censorship. What else do you want me to say? You're talking about this like if it was a science where 2+2=4, and that's far from reality. That's why I provided an alternate angle, showing that in other countries Holocaust Denial is a crime.

I'm not changing what "freedom of speech means". I'm telling you that freedom of speech doesn't come with extra rights to give you the ability to disperse your thoughts and Facebook is also well within its own freedom of speech rights (as a Corporate personhood) to enforce whatever content rules they want.

Either way, I'm not even trying to argue here. You believe this is censorship. Fine. I respect that and really don't see that as an irrational thought at all. There's some sound reasoning around your idea that this is censorship. I just think that trying to create blanket definitions for "censorship" or "freedom of speech" is an easy escape to allow people to behave like shit. That's what I think. Totally a personal opinion, though.

Re:Removing Holocaust Denial Content by _greim_ on Monday October 12, 2020 @12:39PM (#24756293)
> Internet speech is not the same as freedom of speech. Facebook is a private platform and when you sign-up and use them you abide by their rules.

Some people are better at compartmentalizing than others. They can hold freedom of speech as it applies to the government in one thought-bucket, while holding corporate-enforced limits on their ability to say whatever they want in another.

But others can't (or won't) compartmentalize. To them, the whole freedom from the government versus freedom from private corporations distinction seems arbitrary and distracting, especially in the US, where many government roles have been subsumed by private corporations.

I'm not saying your point is invalid, just trying to gain some perspective on the issue. Personally, I'm a compartmentalizer so I see your point.

Re:Removing Holocaust Denial Content by whoisjuan on Monday October 12, 2020 @12:45PM (#24756377)
Yes. This is very true, especially in the US. Many people tend to have this perspective that their constitutional rights have superseding power over any private hold rule or even can give you an avenue to deny rights to others. I consider this primarily a failure of the educational system.
Re:Removing Holocaust Denial Content by freen on Monday October 12, 2020 @12:51PM (#24756450)
Those who cannot compartmentalize seem to think it would be a violation of “free speech” for me to kick nazis out of my dinner party, for hacker news to ban trolls, etc.

In many ways, the unified absolute freedom of speech camp, no one should ever prevent nazis from posting on hacker news because it is a limitation on the nazis “freedom of speech” are arguing for a substantially more invasive understanding of freedom of speech: I am required to support, fund, enable and amplify speech that I find abhorrent and destructive.

By that logic, deleting spam from my blog comment section violates their conception of “freedom of speech”.

Re:Removing Holocaust Denial Content by geodel on Monday October 12, 2020 @01:16PM (#24756750)
Or you can take your rants to your own little website and leave folks here to discuss their "racist and destructive" ideas. By your own argument this should not be any impediment on free speech.
Re:Removing Holocaust Denial Content by freen on Monday October 12, 2020 @05:05PM (#24759435)
If the mods decide to ban me, yes, it is wholly their right to do so, and in no way violates my freedom of speech.

I would remain free to speak, just not on hacker news. Forcing hacker news to host content (spam, nazis, Holocaust deniers, assholes, etc.) is a much much more invasive position.

Would the mods banning spam violate free speech?

Re:Removing Holocaust Denial Content by monksy on Monday October 12, 2020 @12:42PM (#24756328)
> Facebook is a private platform and when you sign-up and use them you abide by their rules. This is not censorship.

It is until it isn't. The big question here is: Is it a common carrier in which people use it, or is it responsible for content on there?

When they start sticking their hand in it to determine what is and isn't acceptible content on there, imo they violate the claim that they're a common platform/being a common carrier.

Re:Removing Holocaust Denial Content by lki876 on Tuesday October 13, 2020 @02:51AM (#24762962)
You're confounding "freedom of speech" with "freedom of speech as defined in the [US] constitution".

> Facebook can ban whatever they want. They are not censoring anything.

That's literally exactly what censorship is...........

Re:Removing Holocaust Denial Content by betwixthewires on Tuesday October 13, 2020 @02:49AM (#24762949)
https://en.m.wikipedia.org/wiki/Marsh_v._Alabama

Also reference the 14th amendment. Prior to it's ratification the bill of rights was construed only to apply to the federal government. It's ratification brought application of the bill of rights to the states, and then to private entities.

Re:Removing Holocaust Denial Content by neonate on Monday October 12, 2020 @12:45PM (#24756381)
That's a law about free speech. It doesn't define the concept, it presupposes it. Certainly it doesn't imply that no other form of free speech exists.

(I'm not arguing that Facebook shouldn't remove holocaust denial. I just disagree with this new and extremely narrow interpretation of "free speech" that has popped up like mushrooms everywhere and is being used to curtail free speech in many social and business contexts.)

Re:Removing Holocaust Denial Content by raxxorrax on Tuesday October 13, 2020 @04:16AM (#24763404)
This argument is brought forward often. I just post the Wikipedia article that is actually (still) quite good.

https://en.wikipedia.org/wiki/Freedom_of_speech

... in the vain hope someone reads the first one or two sentences.

> They are not censoring anything.

Technically untrue. It isn't that much fun to defend holocaust denial. Maybe even illegal in my country, I don't know the details. But you do what you have to do. Ignorance is still the most potent weapon of facists.

Re:Removing Holocaust Denial Content by bjourne on Monday October 12, 2020 @11:55AM (#24755741)
You are being obtuse. Following your definition, freedom of speech wouldn't exist in anywhere other than in the U.S. because no other country has a constitution with that exact same wording!

lki876 is clearly referring to a philosophical principle, not whether Facebook's policies violates the U.S. constitution. There was probably some law legalizing Trump's murder of Qasem Soleimani too, doesn't mean it wasn't also a dick move.

Re:Removing Holocaust Denial Content by nickysielicki on Monday October 12, 2020 @11:51AM (#24755684)
Freedom of speech is a principle that our constitution enshrines. It exists independently of our constitution and government.

The fact that the government isn’t violating an obligation to not restrict free speech does not mean that the principle isn’t being violated by other parties.

XKCD was wrong.

Re:Removing Holocaust Denial Content by devthrowawy on Monday October 12, 2020 @12:14PM (#24755978)
No one is saying that this is un-constitutional, because the gov would need to be involved for that to be the case. But it is still censorship.
Re:Removing Holocaust Denial Content by Spivak on Monday October 12, 2020 @11:17AM (#24755245)
You have to be careful because you risk taking all the meaning out of the terms when you say that anything other than a completely unfiltered firehose is encroachment on free speech because you catch spam, bots, threats of violence, abuse, scams, etc. in the crossfire which (at least to me) are not types of speech that should be protected.
Re:Removing Holocaust Denial Content by waterhouse on Monday October 12, 2020 @12:09PM (#24755912)
I think one can make the argument that, in all of those cases, the speech is not the thing being outlawed.

A threat of aggressive violence is a statement of intent to commit a crime. You're punished not for speaking what's on your mind, but for planning to commit a crime. (And I specified aggressive violence because self-defense is not a crime, and I think that stating "I intend to defend myself with violence to the extent permitted by law" isn't a crime either.)

A scam is also a statement of intent to carry out a crime—fraud, specifically.

With spambots, and also with what I'm guessing "abuse" refers to, it's more like harassment or stalking. You want to be able to say "I should be able to walk through this space without being constantly followed by people who are deliberately doing so and ignoring my requests to stop." That depends on exactly what "this space" is—if you own the space, then of course it's up to you, if your harassers own the space, then of course it's up to them, and if it's some "public" space, then it's not totally clear if it's owned by no one or by everyone or by the government, but at least in the latter two cases, it seems reasonable for "everyone" or the government to have rules against harassment and stalking (and I'm saying spam is low-level harassment). Facebook seems to be attempting to act like a "public space" in this regard, though not in all regards.

Re:Removing Holocaust Denial Content by lki876 on Monday October 12, 2020 @11:24AM (#24755346)
Spam, bots and scams aren't speech in any meaningful way. They don't attempt to say anything. Threats of violence and abuse may be speech in some sense but is in no way part of a dialogue.
Re:Removing Holocaust Denial Content by realmod on Monday October 12, 2020 @11:35AM (#24755487)
How is spam and scams not speech?

Hate speech, scams and spam are all speech and they should all be removed and not tolerated.

Re:Removing Holocaust Denial Content by tyrust on Monday October 12, 2020 @12:06PM (#24755868)
I wasn't expecting this reply given your original comment.

To clarify, are you saying that when threats are censored it's not an encroachment of free speech because they aren't "part of a dialogue"? If so, then how is holocaust denial any different?

Re:Removing Holocaust Denial Content by TheAdamAndChe on Monday October 12, 2020 @11:29AM (#24755410)
Trouble is that Holocaust denial isn't spam, bots, threats of violence, abuse, or scams. It's a different interpretation of history, something that is protected under the First Amendment. Except these sites aren't considered public forums for some reason, even though they've supplanted the public forum in modern society.

When a handful of corporations determine the Overton Window in society, that is a cause for concern.

Re:Removing Holocaust Denial Content by crumbshot on Monday October 12, 2020 @11:59AM (#24755791)
Nothing is stopping the Holocaust deniers from posting all their "different interpretion" nonsense on Stormfront or whatever.

There are no 'first amendment' issues here, as no new law has been passed compelling Facebook to do this. It's simply Facebook saying they don't want this sort of antisemitic rubbish published and amplified via their platform.

Re:Removing Holocaust Denial Content by ShamelessC on Monday October 12, 2020 @12:10PM (#24755931)
Okay, just take a step back. Do we have to be so principled about all this? Holocaust Deniers are bad. Full stop.

We all keep going back and forth on these principled stances about how freedom of speech is some holy thing that should be protected at all costs no matter how much damage it causes.

That notion is absurd in my experience. This philosophical ideal of true freedom of speech doesn't even exist! 4Chan still has to censor child porn - and thanks God! Child pornography is horrible and no one should ever be able to hide behind the guise of "free speech" to get away with dissemination of it.

You know what else is horrible? A huge population of people were tortured, starved and gassed to death with numbers in the millions. But do you know what happened after that ended?

People tried to pretend it didn't happen at all. And they still are. Now, I'm not Jewish, but just thinking about that makes me sick. The idea that someone is out there gaslighting people into believing the holocaust doesn't exist is despicable.

If you proposed holocaust denial on this website you'd be in violation of its rules and be flagged or banned. The site is better because of these rules.

And finally, I'd like to pose a thought experiment -

If Hitler were alive today, how do you think he would gain power? Misinformation campaigns, appeals to white nationalism and racist dog whistles on one of the major social networks no doubt.

Of course, Facebook, Google, Twitter etc. are dealing with a very similar scenario right now with Donald Trump who has intentionally divided this country to its breaking point all while likely (indirectly) killing thousands of people by sending them confusing and false messaging about the coronavirus and don't let me forget he's literally stated his intent to steal the election if he loses. You know, basically just textbook fascism.

Ban them. All of them. Today.

Edit: Made things sightly less emotionally charged and rage-baiting. Apologies for the harsh (er) words. I understand it's not in the spirit of the discourse we want to encourage here.

Re:Removing Holocaust Denial Content by tomp on Monday October 12, 2020 @12:49PM (#24756424)
> Holocaust Deniers are pieces of shit. Full stop.

A decent society considers even pieces of shit worthy of human dignity.

Re:Removing Holocaust Denial Content by ShamelessC on Tuesday October 13, 2020 @09:53AM (#24765534)
And does your unclear definition of a "decent society" and "human dignity" imply that yelling fire in a theatre (or denying the holocaust) is acceptable behavior?

I mean, we both just called them pieces of shit. My version of the word "dignity" generally precludes people who have shown they have no dignity.

At any rate, I suspect you wrote this particular argument because it lacks nuance, appeals to our sense of decency and is emotionally appealing to those who already hold the viewpoint.

Were you trying to change my mind? Or just trying to find out how many people agree with you?

Re:Removing Holocaust Denial Content by malwrar on Monday October 12, 2020 @12:57PM (#24756530)
It is amusing that you propose the vigorous use of force (“Ban Them. All of them. Today”) to eliminate voices you deem fascist. If you feel this strongly about the harm of holocaust denial, have you considered working to convince people the holocaust did in fact happen? It’s pretty easy—-plenty of evidence exists to suggest it happened and all attempts I’ve encountered of people make a case otherwise have been debunked. I guess it’s not worth the effort to actually talk to people though, easier to just convince someone they’re wrong by threat of force.
Re:Removing Holocaust Denial Content by TheAdamAndChe on Monday October 12, 2020 @01:13PM (#24756705)
To be fair, social media does facilitate both social contagion and echo chamber formation, the combination of which can form very fastidious communities.

Its not a simple issue, but I don't think putting this power in the hands of a few for-profit corporations is the right solution.

Re:Removing Holocaust Denial Content by names_are_hard on Monday October 12, 2020 @03:12PM (#24758245)
I'd rather see Facebook take steps to solve this problem than to start carving out lists of topics that are forbidden. Is there a way they can change the medium to encourage deeper thought, more meaningful conversation, and less virality? Maybe that's a better way to dampen the spread of hatred
Re:Removing Holocaust Denial Content by ShamelessC on Tuesday October 13, 2020 @10:04AM (#24765639)
These are people who are entrenched in a theory that also suggests people who disagree with you are "the enemy".

Arguing with someone like that is risky because the moment you get through to them, their cognitive dissonance might decide to double down on the falsehood because they would have to come to terms with the notion that they believe something quite shameful.

I see this happen in other areas alot. Mostly white people who can't handle that they may have contributed to racism at one point. "I'm not a racist! You're all just social just warriors!" turns into "I'm not a racist but...[insert racism here]". Of course the deep insecurity over being actually racist is the common thread. Meanwhile there's a whole other movement of white people who are now willing to admit how privileged all of us are to have been in a system for hundreds of years that was a "democracy" for some, but a nightmarish dictatorship for black people. Was I insecure when I realized how tone deaf I had been? Sure. But I possess self reflection and have made efforts to change my behavior since then.

But yes, if I find myself in a conversation with a holocaust denier I'll do my best to convince them they're wrong. I highly doubt that winds up working though.

Re:Removing Holocaust Denial Content by codegeek on Monday October 12, 2020 @12:21PM (#24756055)
How is a lie "free speech" though ? Water is wet. If someone says they don't believe Water is wet, isn't that outright false and has nothing to do with "opinion or free speech" ? Holocaust is a fact so the deniers are just lying correct ?
Re:Removing Holocaust Denial Content by baobabKoodaa on Monday October 12, 2020 @06:09PM (#24760009)
Are religious people lying when they claim that [their specific version of] God exists? No, people often believe untrue things for weird reasons. How far do you wanna go in restricting people's freedom of speech? And are you happy that the Ministry of Truth will be run by companies like Facebook and CloudFlare? I mean, sure, you're happy now that you agree with their censorship, but are you going to remain happy when they shadowban your comments on politics because they are deemed "lies"?
Re:Removing Holocaust Denial Content by TimWillebrands on Monday October 12, 2020 @01:54PM (#24757264)
Having the ability to speak non-truth is indeed freedom of speech.