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Re:Huawei phones automatically deleting videos of the protests by TylerE on Wednesday November 30, 2022 @01:20PM (#33805088)
Freedom of speech does not mean freedom from consequences of said speech when the majority of the public thinks you’re a raging asshole.
Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @01:36PM (#33805379)
Doesn’t this beg the question of what exactly “consequences” means?

Most people would agree free speech doesn’t mean a local restaurant has to serve you. But what about other businesses?

Can dentists refuse to treat you?

Can hospitals refuse to give you life saving treatments based on your political views? Many hospitals in the US are private businesses.

Most people agree that social networks can kick you out. But what about ISPs? Can they refuse your business?

And if ISPs can refuse your business, what about water or electricity companies?

Certainly freedom of speech means freedom from certain consequences. As codified in the First Amendment it means freedom from certain legal consequences. Of course freedom of speech is broader than 1A though.

Re:Huawei phones automatically deleting videos of the protests by ceejayoz on Wednesday November 30, 2022 @01:46PM (#33805577)
> Can dentists refuse to treat you?

Yes.

> Can hospitals refuse to give you life saving treatments based on your political views?

Ask a Catholic hospital to do an abortion.

> And if ISPs can refuse your business, what about water or electricity companies?

We have specific law for these sorts of scenarios. https://en.wikipedia.org/wiki/Common_carrier and https://en.wikipedia.org/wiki/Public_utility

Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @01:58PM (#33805780)
I wouldn’t consider Catholic hospitals abortions to be the same situation. They don’t give abortions to anyone. That’s not the same as refusing a particular patient because they don’t like things that patient has said in the past.
Re:Huawei phones automatically deleting videos of the protests by not2b on Wednesday November 30, 2022 @03:02PM (#33806794)
But they treat pregnant women, and somethings things go wrong. Very wrong.

The procedures to deal with incomplete miscarriages are the same as for abortion. Delaying such procedures can have horrible consequences. Some Catholic hospitals have played this game, delaying and delaying until sepsis or some other condition becomes life threatening. If they wait too long, the pregnant woman may die.

Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @03:38PM (#33807294)
I agree that abortion is sometimes necessary but that’s not really what I’m asking. Since we are talking about cancel culture I am asking what the spectrum of consequences should be for unpopular speech. One potential consequence could be that a hospital refuses to treat someone who has said something unpopular. For example Alex Jones has a heart attack, should a hospital deny him because of who he is? Note that my question is also not about what the law says, but what it should be.

My question is, should a hospital be able to deny treatment to a person based on that person’s previous speech? Is potentially being denied at the emergency room just another “consequence” of saying unpopular things? What if the hospital is privately owned, and the potential patient has slandered the owner or doctor in the past?

Re:Huawei phones automatically deleting videos of the protests by 0cf8612b2e1e on Wednesday November 30, 2022 @02:26PM (#33806190)
But there have been CVS/Walgreens pharmacists who refuse to offer birth control or the morning after pill.
Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @03:05PM (#33806828)
Still, that’s not refusing service to a particular customer based on that customer’s speech. I believe that pharmacist would refuse any customer. My question is about a pharmacy which would refuse e.g. Alex Jones because of things he’s said in the past.
Re:Huawei phones automatically deleting videos of the protests by P5fRxh5kUvp2th on Wednesday November 30, 2022 @01:49PM (#33805616)
I agree with your point, but want to point out that in the US utility companies are regulated by local government and they cannot refuse service. Not only can they not refuse service, they MUST service all areas, even if it's at a loss (not profitable).

And when utility companies try to stop servicing areas because of the profit loss, these local governments absolutely will fine the shit out of them for it.

That doesn't change your point, but that particular example isn't a good one.

Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @01:55PM (#33805734)
Sorry, I should have been more clear. My questions aren’t about what the law is, they’re about what the law should be. Some people may believe that ISPs shouldn’t be required to service everyone.
Re:Huawei phones automatically deleting videos of the protests by geraldwhen on Wednesday November 30, 2022 @02:04PM (#33805858)
https://www.cbsnews.com/news/los-angeles-shut-off-water-powe...

Water and power shut off to houses having parties during lockdown. Certainly a form of protest, and assembly, and yet here we are.

Re:Huawei phones automatically deleting videos of the protests by ceejayoz on Wednesday November 30, 2022 @02:15PM (#33806017)
A declared state of emergency has legal effects like this.

We've long accepted limits on assembly; pretty much any building you enter other than a private home will have a "maximum capacity x people, by order of the fire marshal" placard somewhere.

Re:Huawei phones automatically deleting videos of the protests by geraldwhen on Wednesday November 30, 2022 @02:46PM (#33806523)
It was clear overreach. I believe anyone reasonable saw it as overreach at the time.

Using Covid as an excuse for emergency executive powers was a failing of state and local governments across the US.

While las Angeles was cutting power to houses, my kids were in private school in person building life skills. So many of their peers are socially stunted. It’s sad.

Re:Huawei phones automatically deleting videos of the protests by ceejayoz on Wednesday November 30, 2022 @02:51PM (#33806611)
Again, "police shut down rager" was a thing long before COVID. Especially if you live in a college town.

The article even indicates this action took place under "the city's party house ordinance, which became law in 2018".

Re:Huawei phones automatically deleting videos of the protests by ABeeSea on Wednesday November 30, 2022 @02:57PM (#33806704)
Hospitals are covered under EMTALA so if it’s truly emergency and they accept Medicare, they are legally forced to.

A hospital that doesn’t take Medicare has no obligation to give you any treatments.

Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @03:44PM (#33807395)
Fair enough, I’ll take your word on what the law says.

What if I live in an area where there’s only one hospital and it doesn’t take Medicare, do I just need to watch what I say so I don’t piss them off and they deny me life saving treatment? Even if that may happen to be legal, is that what the law should be?

Re:Huawei phones automatically deleting videos of the protests by lern_too_spel on Wednesday November 30, 2022 @03:35PM (#33807256)
> Can dentists refuse to treat you?

If you're a raging asshole, yes.

Re:Huawei phones automatically deleting videos of the protests by janalsncm on Wednesday November 30, 2022 @04:00PM (#33807605)
I guess so. But what if the dentist simply doesn’t like your politics? (Interpret this however you like: Democrat/Republican, pro/anti union, pro/anti Ukrainian sovereignty, etc. Suffice it to say, he doesn’t like something you wrote on Facebook.)

And what if that dentist is the only one within 50 miles? Even if it happens to be legal for the dentist to deny you, should it be?

Aside from the narrow question here, my broader point is that “consequences for your actions” is the whole question we should be discussing and I don’t think the term “cancel culture” is that helpful in actually exploring that issue.

Re:Huawei phones automatically deleting videos of the protests by throwaway23597 on Wednesday November 30, 2022 @01:24PM (#33805171)
See, you scare me. Should private speech in the home have consequences? Speech that not only did you not mean to make public, but you didn't even realize could possibly become public? That's the road to hell for our society.
Re:Huawei phones automatically deleting videos of the protests by sangnoir on Wednesday November 30, 2022 @01:37PM (#33805395)
> Should private speech in the home have consequences? Speech that not only did you not mean to make public, but you didn't even realize could possibly become public?

What do you think about the (former) NFL team owner whose voicemail containing racial slurs was leaked. It was not supposed to become public: should he not have faced any consequences for it on that basis? IIRC, he was forced to sell his franchise by the other teams.

Re:Huawei phones automatically deleting videos of the protests by jaywalk on Wednesday November 30, 2022 @01:43PM (#33805507)
You're talking about the former owner of the NBA's Los Angeles Clippers, Donald Sterling. Not an NFL owner.
Re:Huawei phones automatically deleting videos of the protests by sangnoir on Wednesday November 30, 2022 @01:47PM (#33805583)
Thank you, I was recalling off the top of my head and mixed up the leagues.
Re:Huawei phones automatically deleting videos of the protests by Tommah on Wednesday November 30, 2022 @02:29PM (#33806247)
Something similar happened with the Carolina Panthers in the NFL. The owner sold the team because of allegations that he was saying racist and sexist things, although there was no recording of him AFAIK. https://www.cnbc.com/2017/12/18/facing-misconduct-investigat...
Re:Huawei phones automatically deleting videos of the protests by throwaway23597 on Wednesday November 30, 2022 @01:46PM (#33805570)
It's an interesting case, for sure. I'm not familiar with the specifics, but I think a key variable is how exactly the conversation was leaked.

If the receiver of the voicemail leaked it, that's a consequence that the owner should have been prepared for - that sort of thing happens all the time, like with Alec Baldwin.

If it was the phone company that leaked it, then I think that is a different story. Abusing data from a platform advertised as private, perpetrated by someone who does not even know the people in question, is wrong. Nobody is prepared for the consequences of petabytes of conversation data to be analyzed by random people they don't even know. This is the situation I'm more concerned about.

Re:Huawei phones automatically deleting videos of the protests by djleni on Wednesday November 30, 2022 @01:35PM (#33805370)
That’s not a free speech or “cancelling” problem. That’s a privacy problem.
Re:Huawei phones automatically deleting videos of the protests by matai_kolila on Wednesday November 30, 2022 @01:32PM (#33805326)
What even is a “private speech”? Are you worried Alexa is listening to you as you rant to yourself?
Re:Huawei phones automatically deleting videos of the protests by olyjohn on Wednesday November 30, 2022 @01:47PM (#33805581)
It's not a private speech, smartass. It's private speech. As in speech that is private. As in, when you're in the privacy of your own home, and you're expressing yourself to yourself or others, that would be private speech. Speech that is not directed to a public audience. Even when you talk to yourself in your mind, that is your own private speech.
Re:Huawei phones automatically deleting videos of the protests by matai_kolila on Wednesday November 30, 2022 @01:55PM (#33805725)
Nope, once you involve others, you involve consequences, as it is now their free speech (and free association) that often generates those consequences.
Re:Huawei phones automatically deleting videos of the protests by throwaway23597 on Wednesday November 30, 2022 @01:47PM (#33805588)
> Are you worried Alexa is listening to you as you rant to yourself?

Well, I mean, quite literally, it is. It's always listening to you, and that's how it knows when you say "Alexa". And IIUC all these audio recordings are sent right to AWS and stored indefinitely.

Re:Huawei phones automatically deleting videos of the protests by greesil on Wednesday November 30, 2022 @02:56PM (#33806679)
"Alexa, would you like to hear my racist tirade?
Re:Huawei phones automatically deleting videos of the protests by throwaway23597 on Wednesday November 30, 2022 @03:14PM (#33806984)
Haha, I can't imagine that this happens often. But that being said, there are documented instances of Alexa picking up sensitive conversations on accident, for example in this WaPo article where it was observed picking up sensitive information:

"There were even sensitive conversations that somehow triggered Alexa’s “wake word” to start recording, including my family discussing medication and a friend conducting a business deal."

https://archive.ph/c7G1c

Re:Huawei phones automatically deleting videos of the protests by canadiantim on Wednesday November 30, 2022 @01:30PM (#33805279)
I always found the people who say “Freedom of speech does not mean freedom from consequences” are the authoritarian assholes, but that may just be me.
Re:Huawei phones automatically deleting videos of the protests by TylerE on Wednesday November 30, 2022 @01:32PM (#33805321)
I'm just tired of bullies claiming to be victims. It's such bullshit.
Re:Huawei phones automatically deleting videos of the protests by canadiantim on Wednesday November 30, 2022 @06:11PM (#33809367)
Same
Re:Huawei phones automatically deleting videos of the protests by chasil on Wednesday November 30, 2022 @01:51PM (#33805656)
A current standard for free speech within the United States is the legal standard of "imminent lawless action."

This replaced the previous standard of "clear and present danger."

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

Re:Huawei phones automatically deleting videos of the protests by HideousKojima on Wednesday November 30, 2022 @02:28PM (#33806241)
And just try saying it about all sorts of other freedoms and see how chilling it sounds: "freedom of the press is not freedom from consequences."
Re:Huawei phones automatically deleting videos of the protests by rnk on Wednesday November 30, 2022 @03:21PM (#33807055)
Explain what about that is chilling. If I make false and defamatory statements in a newspaper (person xyz is a criminal who stole money, committed crimes against children, whatever), if it is not true you can be sued. Is that wrong, you have hurt their public character? But it's nontrivial to get a conviction, there seems to be a reasonable balance. If you say "Elon Musk person is a horrible leader, scares me, makes bad choices, kills baby bunny rabbits for fun" he likely won't win a suit - but it would be costly to defend yourself.
Re:Huawei phones automatically deleting videos of the protests by mmcgaha on Wednesday November 30, 2022 @03:11PM (#33806948)
Damn I think you just changed my opinion.
Re:Huawei phones automatically deleting videos of the protests by BaseballPhysics on Wednesday November 30, 2022 @03:43PM (#33807377)
> And just try saying it about all sorts of other freedoms and see how chilling it sounds: "freedom of the press is not freedom from consequences."

That is literally true.

News organizations are sued all the time for libel or slander, sometimes for good reason.

Hell, Fox had to backtrack on some of their voting machine coverage, recently, for precisely this reason.

In fact, this is generally true for all freedoms.

Honestly, I challenge you to name just one other human right where you believe there is no legal or social restriction on how you can exercise that right.

Re:Huawei phones automatically deleting videos of the protests by BaseballPhysics on Wednesday November 30, 2022 @02:47PM (#33806540)
> Be kind. Don't be snarky. Have curious conversation; don't cross-examine. Please don't fulminate. Please don't sneer, including at the rest of the community. Edit out swipes.

https://news.ycombinator.com/newsguidelines.html

Re:Huawei phones automatically deleting videos of the protests by whateveracct on Wednesday November 30, 2022 @03:04PM (#33806812)
Why exactly? You _are_ free from consequences .. from the government. But how would you expect to be free from consequences when you offend millions of people using the Internet? Why should I not be able to ban people from my forum if I and most of my users don't like them and they are dragging down the quality of the forum?

Those are consequences, and I don't see how you can have some utopia where that isn't viable. Then you just live in a world where you are forced to listen to the broadcasted thoughts of idiots.

Re:Huawei phones automatically deleting videos of the protests by mensetmanusman on Wednesday November 30, 2022 @01:22PM (#33805136)
Freedom of speech in private should mean free from consequences.
Re:Huawei phones automatically deleting videos of the protests by paulryanrogers on Wednesday November 30, 2022 @01:34PM (#33805362)
Do you free from public consequences?

For example, if I say something controversial to my SO at home it shouldn't cause me to get fired because Alexa overheard and its recording leaked?

I suspect there is a lot of nuance to both sides here. Like if the president of the US tells racist jokes to their lover in private, then public consequences after a tell-all book may be in order. (By public I mean people may chose to vote them out.)

Re:Huawei phones automatically deleting videos of the protests by P5fRxh5kUvp2th on Wednesday November 30, 2022 @01:54PM (#33805704)
Can we stop with this stupidity please?

What if yer dog gets mad at you yelling at the television and bites you, that was a consequence, right? so ha! I've totally proven how silly you are for thinking that you should be able to make a statement to yourself about muhammed without actors in the middle east calling for your death!

----

When people talk about consequences for saying stupid things, this is exactly what they're talking about. Embarrassment for saying completely assinine things, not losing your ability to support yourself because you made a stupid joke when you were 14.

If you can't understand the difference between the two, that's a you problem.

Re:Huawei phones automatically deleting videos of the protests by lern_too_spel on Wednesday November 30, 2022 @03:48PM (#33807440)
You can apologize for making a stupid joke when you were 14, and you won't lose the ability to support yourself. People like Brendan Eich doubled down on being assholes, saying essentially that they would donate to campaigns to retroactively make gay marriage illegal again. Now he's a crypto grifter.
Re:Huawei phones automatically deleting videos of the protests by P5fRxh5kUvp2th on Wednesday November 30, 2022 @04:02PM (#33807633)
I've seen a story of a man losing his business because his daughter made a stupid joke.

You can bury your head in the sand and pretend this sort of damage isn't happening regularly, but the rest of us choose not to.

Re:Huawei phones automatically deleting videos of the protests by lern_too_spel on Wednesday November 30, 2022 @04:14PM (#33807799)
If you've seen it, you can point us to it instead of claiming the rest of us are burying our heads in the sand.

I raised my head up high and actively looked for the story by Googling "lost business daughter joke" and came up empty.

Re:Huawei phones automatically deleting videos of the protests by P5fRxh5kUvp2th on Wednesday November 30, 2022 @04:49PM (#33808293)
I said YOU are burying your head in the sand, I made no comment about others.

Stand on your own two feet.

Re:Huawei phones automatically deleting videos of the protests by lern_too_spel on Wednesday November 30, 2022 @06:56PM (#33809916)
I get that you said that. Did you get that I specifically searched for this case and came up empty? I am not intentionally hiding from this story. If it exists, show me.
Re:Huawei phones automatically deleting videos of the protests by P5fRxh5kUvp2th on Wednesday November 30, 2022 @10:48PM (#33812094)
Is this the search version of "pics or it didn't happen"?
Re:Huawei phones automatically deleting videos of the protests by mynameisbob on Wednesday November 30, 2022 @01:30PM (#33805301)
Umm no. Unless you’re in a looked soundproof room talking to yourself speech is a social activity and no one gets to dictate how others interpret and react to your speech.
Re:Huawei phones automatically deleting videos of the protests by mensetmanusman on Thursday December 01, 2022 @02:24PM (#33821338)
Note that this mindset leads to what happened under Mao with children ratting out parents etc.
Re:Huawei phones automatically deleting videos of the protests by matai_kolila on Wednesday November 30, 2022 @01:30PM (#33805293)
Depends on how private. Speech is communication, which almost always necessitates more than one person, and the other people are perfectly within their own rights to provide some consequences to the speech they hear in private.
Re:Huawei phones automatically deleting videos of the protests by mensetmanusman on Thursday December 01, 2022 @02:23PM (#33821329)
I disagree, because this mindset leads to what happened under Mao where anything against the party was punishable and family members would turn you in.
Re:Huawei phones automatically deleting videos of the protests by matai_kolila on Thursday December 01, 2022 @04:34PM (#33823148)
What? No. That's the government acting in response to speech, not other people expressing themselves.

Your argument forgets that it's also free speech to react to something objectionable. If the government forced me to do business with you without my consent, that would be compelled association, which is more similar to how Mao's government behaved in the 50s.

Re:Huawei phones automatically deleting videos of the protests by Volundr on Wednesday November 30, 2022 @01:33PM (#33805341)
Should it? If I say something to someone in private that causes them to think I'm a raging asshole, should they not be free to share it with others, and should that not have consequences for me?
Re:Huawei phones automatically deleting videos of the protests by mensetmanusman on Thursday December 01, 2022 @02:24PM (#33821353)
Under the SS kids would eat out their parents. Remember that you have to assume true speech could also be punished if you normalize the behavior.
Re:Huawei phones automatically deleting videos of the protests by TylerE on Wednesday November 30, 2022 @01:27PM (#33805219)
A public street or a tv interview isn't in privste.
Re:Huawei phones automatically deleting videos of the protests by rhino369 on Wednesday November 30, 2022 @01:53PM (#33805698)
Depends on what you mean by consequences. If the consequence is people thinking you are a raging asshole sure. If it's people strongly disagreeing with you, sure.

But if consequences means there is a coordinated effort among major corporations to punish and prevent you from speaking by de-platforming you or anyone who gives you a platform--that isn't freedom of speech (regardless of whether its allowed under the 1st amendment or not).

US social media banned covid misinformation as defined by US health officials. Why is banning covid misinformation as defined by Chinese health officials any different? Shit, the Chinese policy isn't even that different than the US's view 18 months ago--US lockdown protestors were vilified.

Re:Huawei phones automatically deleting videos of the protests by astrange on Wednesday November 30, 2022 @03:48PM (#33807455)
Freedom of speech has to mean freedom from consequences; consequences are the only thing you can be free from.

There might be some difference between “consequences to the message” and “consequences to the speaker” but I’ve never seen anyone try to tell those apart.

Re:Huawei phones automatically deleting videos of the protests by TylerE on Wednesday November 30, 2022 @04:44PM (#33808220)
Then right to free speech only protects you from government consequences.
Re:Huawei phones automatically deleting videos of the protests by astrange on Wednesday November 30, 2022 @05:15PM (#33808636)
Yes, I think that's the right way to put it. The xkcd comic people link doesn't say that though…