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Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by amiga386 on Tuesday August 29, 2023 @06:35PM (#37315038)
Indeed, the ACLU have lost their way.

https://web.archive.org/web/20210608004853/https://www.nytim...

> the organization finds itself riven with internal tensions over whether it has stepped away from a founding principle — unwavering devotion to the First Amendment.

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

> Beginning in 2017, some individuals claimed the ACLU was reducing its support of unpopular free speech (specifically by declining to defend speech made by conservatives) in favor of identity politics, political correctness, and progressivism.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by acheong08 on Tuesday August 29, 2023 @09:52PM (#37316692)
Meanwhile in the rest of the world, we don’t even have free speech.

If only America could export their constitution like they do their weapons

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by justrealist on Tuesday August 29, 2023 @10:36PM (#37316989)
I mean that's basically this history of the US in Latin America, but everyone complains anyway.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by ForgottenPwd on Wednesday August 30, 2023 @11:38AM (#37323812)
What? I don't recall ever having heard the US spread democracy in Latin America. The US destabilized democratically elected governments and propped up violent regimes in Latin America to benefit private industry and "combat Communism". The US Army School of the Americas was a finishing school for Latin American dictators and strongmen, as well as other murderers. https://irp.fas.org/crs/soa.htm
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by MathMonkeyMan on Tuesday August 29, 2023 @11:52PM (#37317463)
Here's part of an English translation of the Russian constitution: http://www.constitution.ru/en/10003000-03.htm

and the Chinese constitution: http://www.npc.gov.cn/zgrdw/englishnpc/Constitution/2007-11/...

It's not about the constitution.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by baobabKoodaa on Wednesday August 30, 2023 @02:53AM (#37318546)
Just because Russia has a piece of paper that says something, doesn't mean they have free speech.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by j_maffe on Wednesday August 30, 2023 @03:44AM (#37318859)
Same in the US, evidently
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by 5e92cb50239222b on Wednesday August 30, 2023 @03:46AM (#37318865)
Who cares what they say, the Russian constitution can be rewritten in a couple of days when a certain person needs something from it.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by logicchains on Wednesday August 30, 2023 @05:01AM (#37319310)
The Chinese constitution explicitly says all rights exists only where they don't conflict with what the party wants.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by MathMonkeyMan on Wednesday August 30, 2023 @10:58AM (#37323166)
I was looking for something like that, but didn't find it at a glance. Not surprising, I suppose.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Nursie on Wednesday August 30, 2023 @12:15AM (#37317580)
> in the rest of the world, we don’t even have free speech.

It exists to varying degrees in various places. It's not absolute in the US, as much as people like to pretend it is - incitement to violence, the old "yelling fire in a crowded theatre" canard, criminal conspiracy, defamation etc etc. There is a line drawn, it's a fuzzy one that people pretend does not exist, but it's there just as it is in other nations.

For more information on how freedom of speech is codified in Europe, for instance, see - https://en.wikipedia.org/wiki/Freedom_of_speech_by_country#E...

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by chroma on Wednesday August 30, 2023 @03:13AM (#37318658)
The "shouting fire in a crowded theater" metaphor was coined by Justice Oliver Wendell Holmes, Jr in the Supreme Court case Schenck v. United States, in which Holmes and the majority of justices sent a man to prison for distributing flyers protesting the draft in World War I. Anyone today who references the metaphor without sarcasm reveals themselves to be ignorant of the history of the First Amendment.

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

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Nursie on Wednesday August 30, 2023 @04:04AM (#37318990)
It's been a popular metaphor for decades. And your link says (amongst other things) -

"Ultimately, whether it is legal in the United States to falsely shout fire in a theater depends on the circumstances in which it is done and the consequences of doing it. The act of shouting fire when there are no reasonable grounds for believing one exists is not in itself a crime, and nor would it be rendered a crime merely by having been carried out inside a theatre, crowded or otherwise. However, if it causes a stampede and someone is killed as a result, then the act could amount to a crime, such as involuntary manslaughter..."

I was not trying to make the point that it is always illegal to shout "fire" in a crowded theatre, that such an act is by itself subject to prohibition, but that it is one of several circumstances in which an act of speech may not be 100% protected by the first amendment in the USA.

I even called it a "canard" because it's something of a cliche and not 100% true as commonly understood.

The point, if anything, is reinforced by this - there is a fuzzy edge to freedom of speech in the USA, even where it is portrayed as absolute.

Another example of illegal speech would be perjury.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by raxxorraxor on Wednesday August 30, 2023 @03:36AM (#37318822)
They seem to mostly sell that as a package.
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by metalspot on Wednesday August 30, 2023 @06:53AM (#37320088)
Many countries have recognized free speech as a right through the Universal Declaration of Human Rights which is much broader than the 1st amendment.

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

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

But just because governments have recognized the right does not mean that they are complying with this recognition.

This is par for the course though. The 1st amendment was ratified in 1791 and the Alien and Sedition Acts which violated the constitution in the most blatant way were passed 8 years later.

https://www.archives.gov/milestone-documents/alien-and-sedit...

Governments never give freedom. People take it.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by gnopgnip on Wednesday August 30, 2023 @01:40PM (#37325885)
Freedom of opinion and expression won't protect hate speech that is protected in the US
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by jasonlotito on Wednesday August 30, 2023 @09:59AM (#37322287)
> Indeed, the ACLU have lost their way.

Indeed, they haven't.

> The memo listed several factors to consider, including "the extent to which the speech may assist in advancing the goals of white supremacists or others whose views are contrary to our values."

i.e. Consider whether we'd be arguing against our own goals.

How anyone reasonable could consider this a bad thing, I don't know.

https://www.aclu.org/news/civil-liberties/defending-speech-w...

They've defended people and organizations I oppose, but their reasoning has always been sound.

That the ACLU debates and reflects is admirable.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Dan_Sylveste on Wednesday August 30, 2023 @11:37AM (#37323795)
> How anyone reasonable could consider this a bad thing, I don't know.

Because it's completely unproven. Their theory is that 'free speech advances the goals of [others whose views are contrary to our values]' but that's not proven, that's just their theory.

It's held for ages that free speech works as it allows for the 'disinfectant of sunlight' i.e. that ideas stand and fall on their merits with all relevant parties allowed to discuss freely.

They _posit_ that this theory no longer holds true but they never seem to actually explain how they came to that conclusion. You, similarly, just say that is 'is right' but... how did you get there? What's your proof of concept? Do you have examples?

It seems very much to me like they've just turned around and said 'yeah actually free speech is bad because it helps the bad guys more than the good guys, trust us, it's no good' and left it at that.

> reasoning has always been sound

They've done a complete 180 on this position. By definition either their reasoning before was unsound or their reasoning today is unsound. Pick one.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by digging on Wednesday August 30, 2023 @11:41AM (#37323847)
> It's held for ages that free speech works as it allows for the 'disinfectant of sunlight' i.e. that ideas stand and fall on their merits with all relevant parties allowed to discuss freely.

Also not proven ?

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Dan_Sylveste on Wednesday August 30, 2023 @11:45AM (#37323894)
What proof would you accept? What pass and fail conditions?
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by digging on Wednesday August 30, 2023 @12:26PM (#37324464)
I don't have an elevator answer to that, but the bar is certainly higher than "none".
Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by fzeroracer on Wednesday August 30, 2023 @11:51AM (#37323980)
You realize that the origin of their changing stance is because they got someone killed, right? It's great to posit that free speech is the best disinfectant, until your principles result in people getting injured and killed. They were warned that the Rally was likely to break out into violence by the city itself but went ahead with their lawsuit anyways.

As a result, going to bat for the Unite the Right rally in 2017 was a massive misstep and resulted in them losing a large amount of donors and professionals working for them. Naturally they would've needed to change or else they collapse and don't function at all.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by Dan_Sylveste on Wednesday August 30, 2023 @11:56AM (#37324047)
> your principles result in people getting injured and killed

Good principles remain good regardless of exceptional circumstances.

> needed to change or else they collapse and don't function at all

Yeah, they changed _and_ they don't function at all. Now they just protect the causes their donors agree with while retaining the prestige of the name.

Personally I think a total collapse would have been preferable.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by gameman144 on Wednesday August 30, 2023 @12:06PM (#37324168)
> You realize that the origin of their changing stance is because they got someone killed, right?

The ACLU didn't get anyone killed, violent right-wing individuals did. The right to have a political protest rally is enshrined in the Constitution.

Consider the looting and rioting that took place following the George Floyd protests. It would be absurd to suggest that because violence and crime was happening at some of these events, the political speech they represented might not be worth protecting.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by jasonlotito on Thursday August 31, 2023 @09:59AM (#37337257)
>> Consider whether we'd be arguing against our own goals. >> How anyone reasonable could consider this a bad thing, I don't know. > Because it's completely unproven.

So, just to be clear, you are saying it's unreasonable for the ACLU to consider whether a case would directly harm their mission.

Your words say that rather than consider the harm their case will do to their mission, instead, they must blindly defend the case. The result of which could hurt their free speech advocacy.

You might not agree with this interpretation, but that's what you are arguing against here based on your quotes and what I said. If you disagree with my interpretation, you need to rethink what you read because you are clearly misguided.

> It seems very much to me like they've just turned around and said 'yeah actually free speech is bad because it helps the bad guys more than the good guys, trust us, it's no good' and left it at that.

No. You are wrong.

"Free speech is good even when it helps bad people (as proven my our track record), but we will not defend those who attack free speech."

That's what they are saying.

tl;dr: You are wrong and arguing against free speech.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by gameman144 on Wednesday August 30, 2023 @12:01PM (#37324120)
> The memo listed several factors to consider, including "the extent to which the speech may assist in advancing the goals of white supremacists or others whose views are contrary to our values."

This itself is the bad bit, IMO. My expectation of the ACLU is that they will always defend the rights of individuals, regardless of the goals of those exercising those rights.

When the ACLU defended Nazis marching in Skokie, they weren't defending the goals of Nazis to strip ethnic minorities of rights; they were solely defending first amendment rights.

The logic here seems so fragile that I don't see how one could see it as anything other than a bad thing if they value the ACLU as a bastion for defending rights.

For instance, if a criminal is actively going around and killing people from one political bent or ethnic background, they are clearly not respecting the rights of others.

Should we decide that it's okay to not grant them a speedy trial, since giving a jury the right to free them would definitely get in the way of theother rights we care about?

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by chonkerz on Wednesday August 30, 2023 @12:56PM (#37325104)
The EFF article explicitly admits there are a lot of actual crimes on the Kiwifarms site. This trainwreck of an article is defending that it acknowledges as "illegal speech" and saying companies shouldn't do anything about illegal speech.

They've gone so far down the rabbithole, they've come up the other end saying the government needs to take a more active role policing speech.

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by amiga386 on Thursday August 31, 2023 @06:53AM (#37335219)
The article doesn't say there are crimes on KF, only that KF "provides a forum for gamifying abuse and doxxing". Magically, that abuse just happens without any planning of it appearing on KF, and then KF's users gossip about the results openly. The article says it supports prosecuting those missing-link people for crimes: "we fully support criminal and civil liability for those who abuse and harass others"

It does think companies should act on illegal speech; those "companies" are the people/orgs who run websites, like KF. "We should enact strong data privacy laws that target, among others, the data brokers whose services help enable doxxing". The EFF doesn't think other companies (network carriers, etc.) should act on illegal speech.

The government ought to take a more active role! Would you prefer the courts to affirm your legal rights, or for an oligopoly of private companies to brazenly deny you them, with no recourse?

Re:ISPs Should Not Police Online Speech – No Matter How Awfu... by amiga386 on Thursday August 31, 2023 @07:17AM (#37335443)
The ACLU does debate and reflect, but they _have_ visibly changed in the wake of Charlottesville. The ACLU writing a rebuttal article listing their defenses of right-wing speech since 2017 doesn't really fix that image.

There are multiple causes: even though it is not the ACLU's fault for the murder at the Charlottesville rally, its public image took a beating. Combine that with the massive influx of new supporters and new money in 2017, in support of the ACLU directly challenging Trump, it now has a lot more partisan supporters than it used to. Donations have tripled. Even if all previous supporters were right-partisan (which would be unlikely), the sudden addition of a bloc of left-partisan supporters, double the size of your previous supporter base, could sway your organisation.

From the NY Times article:

> But in interviews, several younger lawyers suggested a toll taken. Their generational cohort, they said, placed less value on free speech, making it uncomfortable for them to express views internally that diverged from progressive orthodoxy.

> “A dogmatism descends sometimes” inside the A.C.L.U., noted Alejandro Agustin Ortiz, a lawyer with the racial justice project. “You hesitate before you question a belief that is ascendant among your peer group.”

> Some argued for carefully vetting hires. “I never do a job interview without raising Skokie/Charlottesville and asking if they are comfortable with that history,” said a lawyer who asked not to be named because of the fear of inflaming colleagues. “Not many colleagues agree. It’s about the cause.”

It seems there is both an "old guard" and "new guard" within the ACLU, only time will tell if they retain full commitment to defending free speech.