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Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @04:54PM (#34811169)
I don't think that most of the people who equate hate speech with violence are literally requesting assualt charges be brought. They are calling for boycotts and de-platforming, both of which fall well within the bounds of the "marketplace of ideas." While there is indeed no right to not be offended, there is also no right to be listened to, and no right to artificially amplify your speech on someone else's dime. We live in a world where the mechanisms of mass communication are held in private hands---there is no digital public square, regardless of what techno-libertarians might have you believe. So there are speech winners and there are speech losers, chosen generally by capital. If you want to change that and have a public platform, you'll have to consider the digital equivalent of communism. Until then, you'll have to live with mass suppression of speech just as you live with mass amplification of it. They are two sides of the same coin.
Re:Speech is violence? Not if we want a liberal, intellectua... by rootusrootus on Wednesday February 15, 2023 @05:22PM (#34811612)
You can't really call it a marketplace of ideas, then, if your response is [metaphorically] a SLAPP. E.g. people weren't just critical of Justine Sacco, they tried to destroy her. Tell me again who the bad guys are?
Re:Speech is violence? Not if we want a liberal, intellectua... by anigbrowl on Wednesday February 15, 2023 @05:32PM (#34811759)
So what you dislike is groups of people coordinating their speech, it appears. How is this any different from coordination using price signals?
Re:Speech is violence? Not if we want a liberal, intellectua... by rootusrootus on Wednesday February 15, 2023 @05:52PM (#34812054)
So you're okay with mob justice, then? You feel pretty confident they'll never come for you?
Re:Speech is violence? Not if we want a liberal, intellectua... by anigbrowl on Wednesday February 15, 2023 @06:24PM (#34812450)
The courteous response would be to answer my question rather than deflecting from it.

But since you ask, I am not okay with it in many contexts and my confidence estimates are applied to individual situations rather than being general. I have had experience of being attacked by mobs, both online and physically. I have scars from being kicked in the head and stabbed in the leg during such an attack. I've separately been arrested and jailed on specious charges over political activity (more than once) and obtained dismissal of charges in court. And I have been the target of both verbal and physical violence on many, many occasions, often both on the same occasion. So I come at this question with very extensive first hand knowledge of how such arguments can play out.

So now, would you care to respond to the question I asked: how do you think coordinated speech in a marketplace of ideas differs from coordination of buying or selling in response to price signals?

Re:Speech is violence? Not if we want a liberal, intellectua... by Zetice on Wednesday February 15, 2023 @05:37PM (#34811818)
How should a marketplace of ideas work, then?
Re:Speech is violence? Not if we want a liberal, intellectua... by rootusrootus on Wednesday February 15, 2023 @05:53PM (#34812074)
You attack the idea, not the person.

If you go after the person, you are not participating in any marketplace of ideas, you're now the one committing the violence.

Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @06:19PM (#34812397)
What if instead of verbally attacking a single person, you verbally attack a group of people? Is that committing violence?
Re:Speech is violence? Not if we want a liberal, intellectua... by Zetice on Wednesday February 15, 2023 @07:01PM (#34812860)
Isn’t that what’s happening? “The idea is repulsive so expressing it has consequences.”

Seems to be about the idea to me.

Re:Speech is violence? Not if we want a liberal, intellectua... by a_shovel on Wednesday February 15, 2023 @05:08PM (#34811374)
> They are calling for boycotts and de-platforming, both of which fall well within the bounds of the "marketplace of ideas."

This is a really obvious idea that people seem to have a lot of trouble understanding, especially when the framing of the conversation drifts toward "cancel culture".

Re:Speech is violence? Not if we want a liberal, intellectua... by RobotToaster on Wednesday February 15, 2023 @05:16PM (#34811531)
If you can lose your job for what you say, only the independently wealthy have freedom of speech.
Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @05:19PM (#34811570)
Now you're getting it. Why do you think they call it "fuck you money?"
Re:Speech is violence? Not if we want a liberal, intellectua... by commandlinefan on Wednesday February 15, 2023 @05:11PM (#34811439)
> I don't think that most of the people who equate hate speech with violence are literally requesting assualt charges be brought

Well, they're literally doing this in the UK - people have and are being arrested for offensive speech.

Re:Speech is violence? Not if we want a liberal, intellectua... by gallopingcomp on Wednesday February 15, 2023 @06:56PM (#34812803)
And sometimes fined, but also sometimes having their convictions overturned - https://en.m.wikipedia.org/wiki/Hate_speech_laws_in_the_Unit...

Not “literally” the same as assault charges though - “public order” laws have a long sordid history of their own.

Re:Speech is violence? Not if we want a liberal, intellectua... by RajT88 on Wednesday February 15, 2023 @05:07PM (#34811371)
> I don't think that most of the people who equate hate speech with violence are literally requesting assualt charges be brought.

Right. I can't think of anyone I have come across in liberal media. But you can always dig someone up that takes any given position.

> While there is indeed no right to not be offended, there is also no right to be listened to, and no right to artificially amplify your speech on someone else's dime. We live in a world where the mechanisms of mass communication are held in private hands---there is no digital public square, regardless of what techno-libertarians might have you believe.

All correct. The people who want it to be one way or the other (depending on their political leanings) usually are conflating constitutional protections from the government as being applicable to/from everyone and everything else.

If you're screaming on Twitter that (some racial group) is bad, and people tell you to shut up, they are allowed to do so under the first amendment. You're allowed to do so under the first amendment. Twitter can totally ban you based on what they deem acceptable behavior, because the first amendment doesn't regulate private companies (just the government).

If you're calling for the extermination of that particular group, the government can charge you under US Code for inciting violence:

https://www.law.cornell.edu/uscode/text/18/373

...But you have to prove intent, which is notoriously hard to do, and notoriously easy to get off scott-free from. ("I was being bombastic, I didn't think anyone would LITERALLY try and exterminate said group")

Re:Speech is violence? Not if we want a liberal, intellectua... by autokad on Wednesday February 15, 2023 @05:01PM (#34811280)
> I don't think that most of the people who equate hate speech with violence are literally requesting assualt charges be brought

First off, they are. but if you are saying: loose your job and ability to make a living, losing your ability to speak in public, fuck me give me those charges then!

you are backing tyrannical ideas while trying to pretend you are just being reasonable.

Re:Speech is violence? Not if we want a liberal, intellectua... by jtr1 on Wednesday February 15, 2023 @05:12PM (#34811448)
Someone reporting something you said to your employer: freedom of speech

Your employer declining to continue your employment: freedom of association

Advocating for a university to not host your talk: freedom of speech

A university not hosting your talk: freedom of association

and so on.

Re:Speech is violence? Not if we want a liberal, intellectua... by rootusrootus on Wednesday February 15, 2023 @05:23PM (#34811633)
So it's legal, but you're definitely the Bad Guy.
Re:Speech is violence? Not if we want a liberal, intellectua... by anigbrowl on Wednesday February 15, 2023 @05:33PM (#34811766)
No u, since we've apparently abandoned argument in favor of just making claims.
Re:Speech is violence? Not if we want a liberal, intellectua... by rootusrootus on Wednesday February 15, 2023 @05:49PM (#34812008)
Also, contacting someone's employer is far from a slam dunk freedom of speech case. It could easily run afoul of several criminal statutes, not to mention the obvious civil liability.

One more nail in the coffin for Internet anonymity.

Re:Speech is violence? Not if we want a liberal, intellectua... by monkey_monkey on Wednesday February 15, 2023 @06:22PM (#34812435)
So, you do want some speech to be proscribed.
Re:Speech is violence? Not if we want a liberal, intellectua... by PeterisP on Wednesday February 15, 2023 @06:26PM (#34812473)
You are right about this classification, but in my opinion freedom of association does need to be limited. Freedom of association is a right that people should have in their private life, but it is definitely not a right that government or government-funded public institutions (e.g. education) should have. Similarly the types of 'association' which are essential for basic life - namely, housing, employment and finance - already have various anti-discrimination laws that effectively assert that everyone should have equal access to these things and freedom of association is not an excuse to exclude people from these core needs.

In essence, what I'm saying is that a card-carrying member of some radical movement (whichever movement you or I hate the most) perhaps should be shunned by people in all kinds of social activities because of their beliefs, but IMHO as long as they aren't breaking the law, they still should have the right to be a part of the society and receive core services which require interaction with it, namely, public services, education, jobs, housing, etc.

We have drawn a line in sand upon crossing which people are excluded from society, and that line is criminal law if determined in due process. And before crossing that line people should have the right to not be discriminated in employment. If most of your coworkers hate you because you come from the "opposing outgroup" where there's mutual hate and perhaps a history of violence between your "tribes" - too bad for them, both you and them should still have the right to work there.

Re:Speech is violence? Not if we want a liberal, intellectua... by kneebonian on Wednesday February 15, 2023 @05:07PM (#34811364)
It's equivalent to saying you can have a gun you just will go to prison if you ever use it.
Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @05:18PM (#34811557)
Being banned from Twitter is not going to prison, it's being kicked out of a private club.
Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @05:04PM (#34811322)
The tyranny isn't coming from me, it's coming from the people that own the company that's firing you. And the "tyrannical idea" you're referring to is called capitalism, and it has its upsides and its downsides. Don't shoot the messenger.
Re:Speech is violence? Not if we want a liberal, intellectua... by autokad on Wednesday February 15, 2023 @07:17PM (#34813036)
It appears that you are engaging in a logical fallacy by utilizing capitalism, which I assume is not something you hold in high regard, to silence someone's perspective during a discussion and attributing the blame to capitalism.

Capitalism is an economic system in which the means of production, distribution, and exchange are primarily owned and controlled by individuals and private companies rather than by the government or public institutions.

None of the things mentioned above are related to capitalism's coverage of free speech. It seems that your intention is to suppress those who hold differing opinions, and you are using the assumption that the silenced individuals support capitalism to justify your actions.

Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @08:08PM (#34813543)
A logical fallacy is a flawed argument that can be revealed by reasoning. For instance, someone suggesting that attributing blame to capitalism is a way to silence another's speech. That is a logical fallacy, because it omits any explanation of how such an attribution could silence another person. :-)

Seriously though, do you not see how private ownership of communication services impacts the question of who is allowed to use those services? And that if there were a truly public service, how that would dramatically change the situation with respect to First Amendment rights?

For the record, I'm a huge fan of capitalism. But it surprises me how many people don't understand that it has drawbacks, and that we should be honest with ourselves about those drawbacks. It's ok to say that you're pro-capitalism but that you also think that the Internet (or at least some of it) should be a public utility, for instance.

Re:Speech is violence? Not if we want a liberal, intellectua... by tomjen3 on Wednesday February 15, 2023 @05:11PM (#34811433)
>While there is indeed no right to not be offended, there is also no right to be listened to, and no right to artificially amplify your speech on someone else's dime

When you prevent somebody from being on a platform, you also prevent others from hearing what that person has to say.

As for amplification, it is not amplification to show me your tweets with #stabledifussion when that is what I search for - it is the entire point of Twitter.

Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @05:16PM (#34811530)
It absolutely is amplification---without Twitter, there would be no tweet to search for. And never forget, the actual point of Twitter is to deliver value to its shareholders.
Re:Speech is violence? Not if we want a liberal, intellectua... by tomjen3 on Thursday February 16, 2023 @12:50AM (#34815546)
Twitter is now a private company, but that is besides the point, as it would only provide value to whomever owns it people use it, and they only do that if they can get access to what they value.

And no, to be amplification, Twitter would have to boost certain tweets artificially. It is very unartificial when I get results for searching. Otherwise it is also boosting if I use the municipal library to checkout a book, or buy it on Amazon, at which point amplification is meaningless.

Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Thursday February 16, 2023 @11:13AM (#34820563)
You're taking for granted the existence of communication services like Twitter. Twitter is amplification. You can't walk out your front door and give a speech that millions of people instantly have access to. You can only do that because of the existence of private services like Twitter. And the reality is that you have no inherent right to use those services, they can exclude you from them for any reason they like.

Libraries are also amplification, but they are generally public. When a book is banned from a library, it potentially violates the First Amendment. Twitter is not public, so when a user is banned from Twitter, the First Amendment does not apply.

If and when we have a government-operated Twitter, it will have to offer equal access to everyone, and it will have to tolerate any speech that falls under First Amendment protection. But until then, you'll have to live with the possibility that the private services you use will kick you off because they don't like what you say.

Re:Speech is violence? Not if we want a liberal, intellectua... by giantg2 on Wednesday February 15, 2023 @04:56PM (#34811209)
They may not be requesting assault charges, but they may be requesting pain and suffering compensation, or using "unkind" comments as leverage in a divorce.
Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @06:30PM (#34812512)
I didn't downvote you, but I haven't heard of any kind of mass movement to get pain and suffering damages from Donald Trump's tweets, as painful as they were to endure. If you're talking about libel, that's a separate thing, and has been around since before the First Amendment. If you publish untrue things and they harm someone, of course you can (and should) be held liable for your words. Divorce is also a different situation, where someone's words may be fair game as evidence of actions and character, depending on the circumstances.
Re:Speech is violence? Not if we want a liberal, intellectua... by giantg2 on Wednesday February 15, 2023 @06:45PM (#34812666)
Things like harassment, or intentional infliction of emotional distress can be a basis for pain and suffering lawsuits.

https://www.forbes.com/advisor/legal/personal-injury/suing-e...

Things like insults, shaming, and verbal abuse are part of emotional abuse in divorce cases. These need not be evidence of actions or character. These can be used for an at fault divorce. What is consided to br an insult or shaming can vary greatly on perspective. Not to mention, the court may not stick ro just these examples and could include other things that makes the other person feel bad - "I hate this meal. Why do you always make this?"

https://www.jerkinsfamilylaw.com/emotional-abuse-and-divorce...

Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Wednesday February 15, 2023 @07:22PM (#34813094)
Again, those are legal principles that have been enshrined in law for a long time. The article does not address them, which leads me to believe the author was thinking of more general cases of offensive speech, like the campus speaker example he offers, and not specific cases of verbal abuse. There may be cases where people are urging broader scope for those laws, which have a pretty high bar as the lawyer commented earlier in the thread. But most of the debate around offensive speech focuses on the issue of access to platforms.

When it comes to public universities, there is a legitimate question, since a publicly funded university may be considered a state actor. But when it comes to private services like social media where it seem most of the controversy lies, they're free to set any rules they want. And unsurprisingly, their terms of service generally give them broad discretion on who they let use their service.

Re:Speech is violence? Not if we want a liberal, intellectua... by giantg2 on Wednesday February 15, 2023 @08:22PM (#34813658)
"When speech causes emotional or mental pain, the offended parties are morally entitled to nothing in the form of compensation from or punishment for the offender."

Considering this is repeated a couple times by the author, it seems they are talking about a general statement and not a narrow circumstance, even if they're using a specific example. It's important to point out that the statement above is not universally true, or if it is, then our laws are immoral.

"Again, those are legal principles that have been enshrined in law for a long time."

“When we do become offended, as we all will, we must settle for responding with criticism or contempt, and stop short of demanding that the offender be punished or required to make restitution,”

It seems to me that restitution and punishment would include those leveled by the legal system. Simply because something has be law for a long time does not make it off limits to discussion, especially if it's application/interpretation has changed over that time.

Re:Speech is violence? Not if we want a liberal, intellectua... by vannevar on Thursday February 16, 2023 @11:23AM (#34820752)
These are fair points if we read the article as a criticism of existing law. I didn't read it that way, mostly because of the current political context where "cancel culture" is a big issue. But I can certainly see how it can be taken that way. In that case, I can only say that I would strongly disagree that speech alone should never be actionable, there are just too many obvious exceptions such as the ones we've talked about here (libel, intentional infliction of emotional distress, harassment). Laws evolve for a reason. They are not academic exercises in philosophy, they arise from experience.
Re:Speech is violence? Not if we want a liberal, intellectua... by brandonmenc on Wednesday February 15, 2023 @06:45PM (#34812673)
> If you want to change that and have a public platform, you'll have to consider the digital equivalent of communism.

Or just like, new regulations on the giant corporations operating these services? No need to go as far as communism.