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Re:Japan passes revised penal code with harsher punishment f... by causality0 on Tuesday June 14, 2022 @12:28PM (#31741807)
Results this are why I vigorously defend even the outer fringes of free speech.

"With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."

Re:Japan passes revised penal code with harsher punishment f... by chrisfosterelli on Tuesday June 14, 2022 @12:46PM (#31742118)
Is there any practical evidence of this slippery slope? Here in Canada hate speech, defamation, and obscenity have been illegal for a while. The idea is that you have freedom of expression, but it only extends as far as it doesn't infringe on another person's entitlement to a life free from discrimination & harassment. I don't feel like this has been a slippery slope for us, only a different place to draw the lines between your rights and mine than where America does. But I'd be curious if there's any practical examples of this happening in other countries.
Re:Japan passes revised penal code with harsher punishment f... by rjbwork on Tuesday June 14, 2022 @01:02PM (#31742420)
There have been numerous ludicrous prosecutions and lawsuits of people in your country for violating these laws. Mike Ward, for one. A few other comedians as well. Bill Whatcott. Gregory Elliott.

Some of these people were found guilty, some acquitted. All were prosecuted under these laws.

To be clear I don't agree with any of these people. I don't even find the Mike Ward joke particularly funny. It's a throwaway bit meant to be offensive from my point of view. But I don't think they should be able to be thrown in prison, fined, or sued, because someone's feelings got hurt over some words.

Re:Japan passes revised penal code with harsher punishment f... by chrisfosterelli on Tuesday June 14, 2022 @01:46PM (#31743140)
Thanks for engaging with specific examples, I do appreciate it. I wasn't familiar with most of these except for Mike Ward and I gave them a read. It seems that Mike Ward and Gregory Elliott were acquitted while Bill Whatcott was fined $17,500 for distributing anti-homosexuality flyers, containing images of dismembered fetuses and beheaded children, at schools. Perhaps this is just a difference of opinion, but I don't feel this outcome is unreasonable and I don't see the "slippery slope" aspect of it. It's unfortunate that the stress and cost of court were caused on people who were acquitted but that strikes me as a general problem of our legal system rather than one specific to free speech laws.
Re:Japan passes revised penal code with harsher punishment f... by rlv-dan on Tuesday June 14, 2022 @12:53PM (#31742262)
> you have freedom of expression, but it only extends as far as it doesn't infringe on another person's entitlement to a life free from discrimination & harassment

How do you determine this? If I define a common word to be offensive towards me, how would you argue against it if I really feel that way? Where do you draw the line?

Re:Japan passes revised penal code with harsher punishment f... by chrisfosterelli on Tuesday June 14, 2022 @01:00PM (#31742387)
The criminal code describes specific protected categories & speech and, if it becomes unclear, the courts determines the specific line in individual cases. In some cases it goes to the supreme court to set a general standard.
Re:Japan passes revised penal code with harsher punishment f... by minsc_and_boo on Tuesday June 14, 2022 @01:14PM (#31742630)
Typically it's up to the society's jurisprudential body to determine if harm has been caused in each individual case, the same way damages are determined in most infringements - i.e. slander, libel, defamation, obscenity, incitement, sedition, etc.
Re:Japan passes revised penal code with harsher punishment f... by whatshisface on Tuesday June 14, 2022 @12:50PM (#31742198)
The problem with successfully silencing people is that you tend not to hear about it. Still, some examples can be found[0]. Take one where France used their hate speech laws to ban dissent from their foreign policy:

>In 2015, France’s highest court upheld the criminal conviction of 12 pro-Palestinian activists for violating restrictions against hate speech. Their crime? Wearing T-shirts that advocated a boycott of Israel — “Long live Palestine, boycott Israel,” the shirts read — which, the court ruled, violated French law that “prescribes imprisonment or a fine of up to $50,000 for parties that ‘provoke discrimination, hatred or violence toward a person or group of people on grounds of their origin, their belonging or their not belonging to an ethnic group, a nation, a race or a certain religion.'”

Or in the United Kingdom,

>In 2010, a militant atheist was given a six-month suspended sentence for leaving anti-Christian and anti-Islam fliers in a religious room of the Liverpool airport; according to the BBC, “jurors found him guilty of causing religiously aggravated intentional harassment.”

[0] https://theintercept.com/2017/08/29/in-europe-hate-speech-la...

Re:Japan passes revised penal code with harsher punishment f... by iforgotpassword on Tuesday June 14, 2022 @01:20PM (#31742744)
The US has their "matter of national security" bs for that. The Occupy movement was repeatedly referred to as a terrorist thread by the FBI and DHS to justify the brutal crackdowns. And if that doesn't work to silence someone, just declare your victim insane and have them mangled by one psychiatrist after the other for the rest of their life. That even works pretty much everywhere. There's a thousand ways to achieve this that don't involve limiting freedom of speech. The cases you cited are pretty much the opposite of that. They were public trials for everyone to follow.

The whole "freedom of speech" story in the US is the most successful brain washing story on this planet. You hammer this into children's brains from young age on, to make sure it becomes the knee jerk reaction to everything that the government does to fuck you over. Having only two political parties with candidates from the elite, detached from reality. Political decisions don't get made on the basis of what's best for the people, just do the opposite of what the other party would do. Working two jobs at minimum wage to feed your family. No health insurance, if you get sick just chew pain killers all day and keep working. The rich get richer, the poor get poorer. US Life expectancy on the decline for several years in a row. "At least I can complain about it, so everything is fine. Just imagine I'd live in a country where I couldn't insult and verbally abuse others!"

Re:Japan passes revised penal code with harsher punishment f... by whatshisface on Tuesday June 14, 2022 @01:23PM (#31742798)
If it's that bad, surely you'd agree that it shouldn't get any worse.
Re:Japan passes revised penal code with harsher punishment f... by mewse-hn on Tuesday June 14, 2022 @12:51PM (#31742224)
Another Canadian here. Saw a video of an American pastor last week saying homosexuals should be lined up against the wall and shot. Great people they are protecting down there.
Re:Japan passes revised penal code with harsher punishment f... by whatshisface on Tuesday June 14, 2022 @12:53PM (#31742263)
The same laws that protect them protect gay rights activists. If the democratic majority in a town with a church like that was allowed to choose a side to ban, who do you think they would pick?
Re:Japan passes revised penal code with harsher punishment f... by causality0 on Tuesday June 14, 2022 @10:39PM (#31748526)
If you don't believe in freedom of speech for people you despise you don't believe in it at all.
Re:Japan passes revised penal code with harsher punishment f... by SamReidHughes on Tuesday June 14, 2022 @01:16PM (#31742671)
That's basic political speech and is currently the law in some countries.
Re:Japan passes revised penal code with harsher punishment f... by causality0 on Tuesday June 14, 2022 @10:34PM (#31748501)
But I'd be curious if there's any practical examples of this happening in other countries

Certainly. For example, in Germany it is illegal to curse at the police. There is a rather well-known video where police confront a man at his door but can't do anything more until he calls them cunts, at which point they turn around, force their way in, and arrest him.

Re:Japan passes revised penal code with harsher punishment f... by Doji on Tuesday June 14, 2022 @12:51PM (#31742218)
How do you define discrimination and harassment precisely, so that the line is clearly drawn and does not slip?
Re:Japan passes revised penal code with harsher punishment f... by droobles on Tuesday June 14, 2022 @12:51PM (#31742222)
There is something to be said comparing the modern hate speech vs free speech debate to defamation and libel civil cases that have already been established across the world – and how we as a society handle weaponized language.
Re:Japan passes revised penal code with harsher punishment f... by hn_throwaway_99 on Tuesday June 14, 2022 @12:54PM (#31742276)
"Hard problems" in the social realm are nearly always the result of two independent entities, where each entity should be entitled to their full rights, but those rights are in conflict. Think the abortion debate (right of a woman's bodily autonomy vs. right of the fetus/child), gun debate (right to bear arms vs right to not get shot in school or the grocery store), transgender people in sports debate (right of individuals to compete in sports vs. right of other competitors to have a fair playing field).

Thus, when it comes to free speech, while I used to be more of a "free speech absolutist", I think the past 10-20 years have shown real dangers of unlimited free speech, especially that enabled by technology and anonymity. I'm not necessarily arguing one way or the other on any particular case, only emphasizing that I don't think an "absolutist" position makes sense - there have always been limits on free speech, even in the US. It's a hard problem precisely because words can have such serious consequences. I mean, look at the mobs that were whipped up against the Rohingya in Myanmar. Where do you draw the line there on free speech and inciting murder?

Re:Japan passes revised penal code with harsher punishment f... by minsc_and_boo on Tuesday June 14, 2022 @12:50PM (#31742210)
Free speech was never about consequent-free speech.

The philosophers behind Free Speech even concluded that expression which harms individuals should be prevented, aka harm principle:

> That principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.

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

Re:Japan passes revised penal code with harsher punishment f... by nonrandomstring on Tuesday June 14, 2022 @01:02PM (#31742428)
Tommyrot and Poppycock! That is more or less the precise opposite reading of "The Harm Principle" that Mill intended.

You're missing the nuance of what these words meant:

> the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.

Mill then set out extremely limited definition of harm that excluded more or less all the incidental, implied and perceived harms that are problematic and open to abuse. In this (Mill's) context harm means harm, like as assault, robbery, imprisonment and so on.

If ever you want to find the canonical example of a "slippery slope" it's the perpetual reinterpretation of this principle to move the goalposts and extend the definition of "harm".

In many ways I think Mill did moral philsophy a disservice by so loosely stating something that, on face value, is so open to misinterpretation.

Re:Japan passes revised penal code with harsher punishment f... by minsc_and_boo on Tuesday June 14, 2022 @01:08PM (#31742537)
>That is more or less the precise opposite reading of "The Harm Principle" that Mill intended.

JSM separated the Harm Principle from the Offense Principle, but still said that free speech should be curtailed when the expression harms individuals.

Nowhere does JSM say freedom of speech is freedom from all consequences.

Re:Japan passes revised penal code with harsher punishment f... by nonrandomstring on Tuesday June 14, 2022 @01:34PM (#31742968)
Is it just me or is: "freedom of speech is freedom from all consequences" a straw man that literally no philosopher or reasonable thinker ever said? Where does that even come from?
Re:Japan passes revised penal code with harsher punishment f... by minsc_and_boo on Tuesday June 14, 2022 @02:57PM (#31744264)
From GP above:

>"With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably."

Japan enacting harsher punishments for cyber bullying is not a slippery slope into free speech infarction, as the harm principle has always been part of the philosophy. GP's stance is based on an increasingly common misconception (these days in the U.S. at least) that free speech means freedom from consequence.

Re:Japan passes revised penal code with harsher punishment f... by nonrandomstring on Tuesday June 14, 2022 @03:59PM (#31745232)
> increasingly common misconception (these days in the U.S. at least)

I do dislike people who say "citation?" (and I don't wish to seem presumptuous) but can you give me any further links or prominent examples of that?

Is it a social media thing? I don't use popular SM or trawl the sewers of chans any longer, so is it there? Is that representative of a wider society?

Do people who hold the extreme view that "speech has no consequences" distinguish that idea from "speech can have have bad consequences, but that's better than the alternative of curbing free speech"? Or have we reached a kind of intellectual low point in places where these beliefs are purported to hold?

Re:Japan passes revised penal code with harsher punishment f... by minsc_and_boo on Tuesday June 14, 2022 @07:41PM (#31747410)
It sounds like you have an opinion but would rather sea lion. In the event that you are being genuine, there have been multitudes of instances.

- Post jan 6 insurrection has left Republicans trying to justify their seditious invasion of the U.S. capital as protests protected by speech: https://knightfoundation.org/wp-content/uploads/2022/01/KF_F...

- The "Cancel culture" pejorative has created a double standard where a certain political party cries foul for being censored on private platforms (for violating TOS) and push for government regulation of said platforms to protect their political opinions. They are even trying to redefine private websites as the public square to do it.

- Sacha Baron Cohen also sums it up nicely in his speech: https://www.youtube.com/watch?v=ymaWq5yZIYM

If you really are genuine with your questions and asking for citations, you can google more topics about any of the above.

Re:Japan passes revised penal code with harsher punishment f... by nonrandomstring on Wednesday June 15, 2022 @11:38AM (#31754632)
> It sounds like you have an opinion but would rather sea lion.

I had to look this up. That's a pretty sad accusation off the bat isn't it? One of my opinions I'll share is that I think even HN, supposedly one of the better discussion forums - why I write things here - is also blighted by "toxic internet culture" of assuming the worst in everybody. Also I think the "move fast" design is deliberately not conducive to conversation, so I am wondering if you will see this response.

From a British perspective I think the rioters attempting a coup and then backtracking to calling it "a protest" is laughable. At least one should have the courage of ones convictions. If you're going to try a coup you damn well better know it's going to succeed - as the alternative in every other historical example is getting lined up against the wall. If what you say is true then saying "oops only joking... it was just a fun legitimate protest" makes them cowards. So I simply can't entertain an argument that anyone defending a failed coup as "free speech" is serious.

Mr Cohen has a lot of good things to say, and I think I get what you're talking about after watching the clip you linked, thank you.

> "the age of evidential argument is ending and knowledge is de-legitimised.... by a handful of internet companies that amount to the greatest propaganda machine in history."

Couldn't have put it better myself. Pleased that he cited what is the subject of a chapter in my book Digital Vegan; the role of Facebook in Myanmar - which sadly few people will touch. How SBC actually puts it is "freedom of speech is not freedom of reach" - a nice turn. But then he flounders a little, not coming right out against Zuckerberg's "bullshit" reasoning as a purely driven by greed, he softens it as the "ideological imperialism" of the 'Silicon Six'. Cohen being accused of anti-Semitism isn't something I'd imagine can't happen these days either.

But in the end, SBC's beef seems to be with the unelected power of BigTech, and unfortunately he isn't a great philosophical scholar, by his own introductory remarks. What is to be done? He doesn't seem to know how to frame those who disingenuously deploy good arguments for bad ends... which is what I think the nub of your "lots of people equate freedom of speech with freedom from consequences" line. Zuckerberg couldn't give a fuck, and Cohen is correct in calling him a "bullshitter" in the strictest sense of Harry Frankfurt's definition. But to suggest that FB or any other company could "purge lies and conspiracies from their platform" is naive. There wouldn't be much left, especially of politicians and business people have to say - and when he hits that Cohen turns it into a damn joke to soften it! That's why comedians can say certain things that other's can't... up to a point. And then they risk losing their platform. So, much as I love Sascha Baron-Cohen he drifts into waters out of his depth. That said, I'm 99% with him (not afraid to be out of my depth).

Re:Japan passes revised penal code with harsher punishment f... by shadowgovt on Tuesday June 14, 2022 @12:55PM (#31742288)
In context, this speech is given on the subject of trampling the civil rights of an individual suspected of a crime.

That has nothing to do with criminalizing certain behavior, especially behaviors with evidence linking them to increased suicides among young people. And the risk of witch-hunts is much rarer in this context, where the possibly illegal behavior is often auto-transcribed due to the text or audiovisual media that was used to transmit it.

Re:Japan passes revised penal code with harsher punishment f... by lijogdfljk on Tuesday June 14, 2022 @12:40PM (#31742017)
What are your thoughts on free speech televised? Which is a sister to the blurring line between old ramifications of free speech and new ramifications. Thoughts?
Re:Japan passes revised penal code with harsher punishment f... by fleetwoodsnack on Tuesday June 14, 2022 @12:40PM (#31742019)
Curious which jurisdiction you operate-from. If it’s within the United States, you probably haven’t done much else but “vigorously defend” the ideology for most of your life. There’s never been an absolute right to freedom of speech, and each jurisdiction takes a different approach; this is even more pronounced internationally.
Re:Japan passes revised penal code with harsher punishment f... by whatshisface on Tuesday June 14, 2022 @12:41PM (#31742041)
The United States has more freedom of speech than just about anywhere else, although it was a recent development, only coming into its full modern form after a hard fight the 1970s.
Re:Japan passes revised penal code with harsher punishment f... by cromulent on Tuesday June 14, 2022 @12:59PM (#31742358)
Hmmm. I was reminded of the "free speech zones" when I read your comment.

It's hard to judge, of course, but the USA is 42nd in freedom of speech from one press/media perspective.

https://rsf.org/en/index

Re:Japan passes revised penal code with harsher punishment f... by whatshisface on Tuesday June 14, 2022 @01:06PM (#31742503)
The RSF index includes a lot of things that are beyond the freedom of speech in terms of no law being passed to infringe it, like "economic constraints linked to non-state actors (advertisers and commercial partners)," or "cultural constraints, including pressure on journalists to not question certain bastions of power or influence or not cover certain issues because it would run counter to the prevailing culture in the country or territory."
Re:Japan passes revised penal code with harsher punishment f... by lovich on Tuesday June 14, 2022 @12:43PM (#31742068)
It does, while noticeably not being 100% free
Re:Japan passes revised penal code with harsher punishment f... by 2OEH8eoCRo0 on Tuesday June 14, 2022 @12:45PM (#31742102)
How does forcing a person to defend their harassing behavior in court do anything to curtail free speech?
Re:Japan passes revised penal code with harsher punishment f... by ryanbytes on Tuesday June 14, 2022 @12:53PM (#31742267)
How much do you have to spend on court costs?
Re:Japan passes revised penal code with harsher punishment f... by 2OEH8eoCRo0 on Tuesday June 14, 2022 @12:58PM (#31742347)
In the US possibly $0. This is a criticism of court systems rather than the actual bullying penalty code being discussed though.
Re:Japan passes revised penal code with harsher punishment f... by yifanl on Tuesday June 14, 2022 @12:44PM (#31742082)
Define speech
Re:Japan passes revised penal code with harsher punishment f... by matt321 on Tuesday June 14, 2022 @12:34PM (#31741917)
This law has good intentions but will be used to imprison political rivals and online gamers. The first link in the chain is forged, captain, get ready for a wild ride.
Re:Japan passes revised penal code with harsher punishment f... by ceres on Tuesday June 14, 2022 @12:36PM (#31741961)
Wait why would they go specifically after gamers?
Re:Japan passes revised penal code with harsher punishment f... by showdeadtest111 on Tuesday June 14, 2022 @12:42PM (#31742060)
Because gamers are the most oppressed minority.
Re:Japan passes revised penal code with harsher punishment f... by theplumber on Tuesday June 14, 2022 @12:49PM (#31742190)
Note to myself: Remember to tick underrepresented minority on job aplications.
Re:Japan passes revised penal code with harsher punishment f... by bobkazamakis on Tuesday June 14, 2022 @12:50PM (#31742207)
we live in a society
Re:Japan passes revised penal code with harsher punishment f... by cyberlurker on Tuesday June 14, 2022 @12:44PM (#31742090)
I don't think the reasons are good, but gamers often trash talk and bully each other in game. For example, Riot needed to ban people from typing “kys” in League of Legends because it means “kill your self” and they were worried about it. (Whether that is because they care about the players or their liability or both is not for me to decide)
Re:Japan passes revised penal code with harsher punishment f... by TulliusCicero on Tuesday June 14, 2022 @12:53PM (#31742247)
That's a very strange way of phrasing this. Obviously if you're telling random other people to go kill themselves in a game, you should be banned, same as if you start hurting racial slurs or making threats or other asshole behavior.
Re:Japan passes revised penal code with harsher punishment f... by cyberlurker on Tuesday June 14, 2022 @06:17PM (#31746724)
I think it’s hard to police this stuff. I could see someone sarcastically saying “kys” for forgetting to buy an item or something. Is it often used for bullying? Yea. I’m not going to draw the line at “kys”, but i don’t think it is as obvious as you make it out to be.
Re:Japan passes revised penal code with harsher punishment f... by TulliusCicero on Tuesday June 14, 2022 @09:14PM (#31748034)
I don't think it should be an autoban type of scenario, where if you type it you just get banned instantly. It should be a situation where you can report it, and then an employee can see what the context is, if there's proper logging in the game.
Re:Japan passes revised penal code with harsher punishment f... by showdeadtest111 on Tuesday June 14, 2022 @01:35PM (#31742980)
Maybe in some other games like animal crossing or stardew valley multiplayer. If you haven't played league before you wouldn't understand.
Re:Japan passes revised penal code with harsher punishment f... by TulliusCicero on Tuesday June 14, 2022 @05:31PM (#31746343)
I have, in fact, played League before. And many other competitive online multiplayer games.

Being an asshole online is unfortunately normalized among many players, which we can see from your comment.

Re:Japan passes revised penal code with harsher punishment f... by boredumb on Tuesday June 14, 2022 @12:53PM (#31742264)
It's probably just a joke. But after some thinking, it could be because it's a large congregation of """unsupervised""" teenagers (that are actually being surveilled) and when/if the courts were to read a transcript from your average group of 15 year old boys competing among each other out loud, then most of western societies perpetual pearl clutchers would have an aneurism despite it being mostly harmless and only do more harm in prosecuting then protecting as far as effect on peoples lives go.
Re:Japan passes revised penal code with harsher punishment f... by stuu99 on Tuesday June 14, 2022 @12:49PM (#31742168)
Because the big media and tech companies hate computers that don't obey them.

Microsoft, ibm, hp, intel and the like have been working on removing software ownership from the public purposely. They want a future where all bytes and instructions are encrypted.

From 1960's to roughly the early 2000's, all computers you bought ran local software exe's in plain text , aka you could open up the .exe, .com or .dll file and reverse engineer it and restore missing functions to get older software running on newer systems.

Valve, ms and the rest have been attacking us owning our own shit for over 2 decades now and they are trying to criminalize owning a general computer.

MMO's were rebranded PC rpg's, so that the game industry could steal pc games and not give us the complete files for the game we were paying for to prevent piracy but they really want monopoly profits.

You can find countless games who had their multiplayer networking code ripped out so game companies could disable their games remotely, that can't happen with gmaes in the 90's (quake, warcraft 1-3, starcraft 1 and diablo 1-2) because they were local applications. You got all the files and code to run the entire game locally.

They want to take us back to vendor locked devices of the 60's with IBM mainsframe, the internet is one giant Personal planet sized computer toa software company and our old non hardware drm'd pc's are malfunctioning chips in their desire for monopoly profits.

https://games.slashdot.org/story/22/03/25/0457243/owners-of-...

What microsoft+ big media companies want the future to be:

https://www.cl.cam.ac.uk/~rja14/tcpa-faq.html

Piracy is just a scapegoat the corproate world is mass dispossessing the stupid and ignoring mmo/drm loving masses.

https://torrentfreak.com/esa-reports-game-piracy-file-hostin...

These "pirate" claims are just pro corporate propaganda, they want to eliminate software ownership.

https://torrentfreak.com/major-persistent-video-game-pirates...

Then see down here where tifca (intel, microsoft and the rest) is them cheering the public being so stupid.

AKA they know they got it in the bag from the days of ultima online and everquest in 1999, then we got steam in 2003, all those "software as a service" apps are 100% proof our species are idiots. None of these programs need to be split into two exe's and run over a network, so we're losing our privacy and control of our pc's and computing devices.

So the army of lobbyists is being paid big money to ban regular pc's as they lock down the internet with new 'trusted' hardware that hardware companies in co-operating with intel and microsoft have been working on for over 20 years.

https://web2.qatar.cmu.edu/cs/15349/dl/DRM-TC.pdf

Re:Japan passes revised penal code with harsher punishment f... by spoiler on Tuesday June 14, 2022 @01:04PM (#31742471)
> From 1960's to roughly the early 2000's, all computers you bought ran local software exe's in plain text , aka you could open up the .exe, .com or .dll file and reverse engineer it and restore missing functions to get older software running on newer systems.

I don't believe this part has anything to do with your conspiracy

Binaries are in this format because it's convenient to store and more optimal to run them in this format. Most users don't really care/want to edit binaries/executables...

Regarding piracy: I'm sure you worked at a company that had a product, which was sold in some fashion. Part of that money went to paying your salary. Imagine there are no piracy laws/protection, and everyone uses your company's product without paying you. Where does your salary come from now? Trees?

Re:Japan passes revised penal code with harsher punishment f... by labster on Tuesday June 14, 2022 @12:37PM (#31741973)
That link has already sailed. Libel and slander are already illegal speech, as is inciting violence, as is yelling “fire” in a crowded theater, as is saying curse words on broadcast TV and radio.
Re:Japan passes revised penal code with harsher punishment f... by ch4s3 on Tuesday June 14, 2022 @12:45PM (#31742109)
> “fire” in a crowded theater,

This is simply not correct. This was a dum analogy by justice Oliver Wendell Holmes in a case about a draft protest. He later overturned his own opinion in that case expanding free speech.

> Libel and slander are already illegal speech, as is inciting violence

Libel and slander mean the same thing. You're thinking of libel and defamation. All of these are extremely narrowly defined in American law.

Re:Japan passes revised penal code with harsher punishment f... by hhmc on Tuesday June 14, 2022 @12:50PM (#31742200)
It's telling that people are swarming to point out the 1 'technically incorrect' entry in this list, whilst completely ignoring all the others.
Re:Japan passes revised penal code with harsher punishment f... by dannyobrien on Tuesday June 14, 2022 @01:15PM (#31742662)
Okay, I'll bite. Libel and slander aren't illegal speech; you can make a civil action for the damages connected to them, but they aren't outlawed and you won't face criminal prosecution. Unless you're in a jurisdiction with criminal defamation laws, which journalists and human rights activists have been fighting for decades. https://cpj.org/2000/09/calls-for-repeal-of-criminal-defamat...

Some jurisdictions have criminalized "hate speech", but the implementation and definition of this is haphazard, and the consequences are often negative, rebounding on communities that were originally intended to be protected.

The one you missed which is consistently forbidden across the world is CSAM.

Re:Japan passes revised penal code with harsher punishment f... by pessimizer on Tuesday June 14, 2022 @01:38PM (#31743039)
> rebounding on communities that were originally intended to be protected.

We're starting to see proposals and legislation to include police officers as a protected group under hate crime/speech statutes. That's a hairsbreadth from lèse-majesté.

Protection laws in the US are an absurd and abused mess. I would only be mildly surprised to see minorities prosecuted for hate crimes for attempting suicide.

Re:Japan passes revised penal code with harsher punishment f... by hhmc on Tuesday June 14, 2022 @01:30PM (#31742918)
I take your point on the strict definition of 'illegal' speech. But if we're broadly talking about restricted speech, I think most people would happily include speech where you are likely to pay significant civil damages?
Re:Japan passes revised penal code with harsher punishment f... by cronix on Tuesday June 14, 2022 @12:44PM (#31742087)
> as is yelling “fire” in a crowded theater

You really should stop spreading that falsehood. It was overturned over 50 years ago.

https://www.theatlantic.com/national/archive/2012/11/its-tim...

Re:Japan passes revised penal code with harsher punishment f... by pessimizer on Tuesday June 14, 2022 @01:29PM (#31742893)
It's still valuable for finding people who are arguing in bad faith. Here's another one: make sure that the person you're arguing with about taxes understands how marginal tax rates work.

People feel confident repeating things they've heard often, with a sarcastic smirk, because the ubiquity of the thing they're repeating gives them some security that if they're called on to defend those things, someone more knowledgeable will probably show up and help.

The most depressing and ironic thing is when a self-proclaimed socialist cites the "crowded theater" thing, which was used to jail socialists speaking out against a war.

Re:Japan passes revised penal code with harsher punishment f... by snerbles on Tuesday June 14, 2022 @12:48PM (#31742148)
> as is yelling “fire” in a crowded theater

A popular term from a decision that was overturned by the Supreme Court decades ago.

https://www.theatlantic.com/national/archive/2012/11/its-tim...

Re:Japan passes revised penal code with harsher punishment f... by canjobear on Tuesday June 14, 2022 @12:45PM (#31742095)
If you’re referring to US law, then yelling “fire” in a theater is indeed permitted under the Brandenburg v. Ohio standard.
Re:Japan passes revised penal code with harsher punishment f... by ch4s3 on Tuesday June 14, 2022 @12:51PM (#31742227)
It was never really prohibited, Holmes was just being "cute" and making an analogy to justify locking up a guy for protesting the draft.
Re:Japan passes revised penal code with harsher punishment f... by twa999 on Tuesday June 14, 2022 @12:54PM (#31742271)
> yelling “fire” in a crowded theater

this phrase will never go away, the fact that it stems from a 100 year old supreme court decision that used it as example why speech in opposition to the WWI draft was not protected free speech under the first amendment is still funny besides the fact that it was later overturned.