Once a bastion of free speech, the ACLU faces an identity crisis

Re:Once a bastion of free speech, the ACLU faces an identity... by ponow on Monday June 07, 2021 @05:56AM (#27420756)

I don't think there should be any limitation on the right to freedom-of-speech except that strictly necessary to be compatible with other natural rights, like the right to your life. The classic ban on shouting "Fire!" in a crowded movie theater can be justified entirely on this ground, because that utterance may cause people to be trampled when people panic. It is not clear that libel laws can be defended on similar grounds, or such grounds at the very least would severely limit the reach of libel laws.

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Re:Once a bastion of free speech, the ACLU faces an identity... by laverya on Monday June 07, 2021 @01:59PM (#27425811)

> The classic ban on shouting "Fire!" in a crowded movie theater can be justified entirely on this ground

Falsely shouting "Fire!" in a crowded theater is currently allowed per the Supreme Court [0], as of Brandenburg v. Ohio [1], as it is not an incitement to imminent, lawless behavior. The "classic ban", incidentally, was actually a ban on speech opposing the draft during WW1. The "falsely shouting fire in a theater" analogy was created by judges to justify banning anti-draft leaflets.

0: https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...

1: https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

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Re:Once a bastion of free speech, the ACLU faces an identity... by peteretep on Monday June 07, 2021 @06:05AM (#27420802)

> except that strictly necessary to be compatible with other natural rights

Sure, and that’s exactly the basis for it in most rich free countries. You’ll find some social and historic wrinkles, but there’s very little you can’t say in Canada that you can say in America.

The Canadians don’t make a whole dog and pony show over MY FREE SPEECH RIGHTS though, which is why Canadian politics is a little less completely beholden to special interests, why hate speech is illegal there, and why you don’t get direct-to-consumer pharma advertising there.

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Re:Once a bastion of free speech, the ACLU faces an identity... by ponow on Tuesday June 08, 2021 @02:41PM (#27439147)

The non-seriousness of Canadians about free speech is part of the reason I was happy to move to America. I used to defend hate speech laws (as in formal public debate), but in hindsight I was naive about putting the power to define hate speech in a political process. Such laws and their brethren in private organizations that nominally exist to promote public discourse, are used to silence opposition and therefore I find them repellent.

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