Earlier quoted context omitted.
Failing of the culture for sure. But take the public indecency laws for example. Or the road laws, like laws against jaywalking and other obedience laws of that sort. The smoking and drinking laws are also good examples. Gambling laws. Harassment laws. Those all impose conduct on people, work reasonably well, and rarely are misused. > You can't legislate people into being (subjectively) well-tempered and reasonable i…
> Failing of the culture for sure. But take the public indecency laws for example. Or the road laws, like laws against jaywalking and other obedience laws of that sort. The smoking and drinking laws are also good examples. Gambling laws. Harassment laws. Those all impose conduct on people, work reasonably well, and rarely are misused. These are also much more objectively tested in a court of law . That's the main poi…
If I understand, your hesitation to have any constraint on acceptable speech in certain situation is that you suspect it would cause more unfair harm due to it being used to falsely condemn people, where they did not intend to cause social harm? And you believe that injustice be a greater bad to society then the instances where speech was used with the intent to harm.
And I 100% follow that logic. In fact, if true, then yes, I'd be fully onboard.
Now, I think a lot of people, young ones more so even, including me, have noticed a trend of a kind of speech which seems to only harm society or individuals. Providing no positive social value, other then power to those who speak it. And the issue is not with the ideas being controversial, or unpopular, but really with how it is spoken in demagoguery terms.
If I acknowledge this problem, I conclude that fully unconstrained speech has its own set of downsides and issues to a healthy society.
I also acknowledge that fully restricted speech has issues, in fact, I agree, much worse issues, and we have other countries and history as examples.
I also feel we have other countries and history as examples of the harm demagoguery speech can have when it overtakes rational speech.
I think denying either of these problems is just ignoring reality. So what do we do? Do we continue down the path of accelerating demagoguery speech until it overtakes most outlets, and accentuate the problem? Do we ignore the people who do suffer harm from such speech?
Maybe, but if so, ya, you're going to have to hard sell me. Like I'd need to really be convinced there's no better solution. That this is the ideal trade off and I have to just accept the problems it comes with, knowing that's the best we can do, that alternatives are just worse.
So my first instinct is to explore hybrid solutions. Can we be smarter about speech. Can you restrict the worse of it, while not damaging the best of it?
So you gave great pointers in that, such as: Is legislation really the right approach? Or should, say, education be used instead? How would speech be categorized? And how would we distinguish accidental misuse of it, with no real intent, versus premeditated? You also strongly hinted that in doubt, the default should be to allow it. You brought up if it should be about the harm to the listener, or the intent of the speaker? Those are great considerations, and clearly this is a complex problem.
Now, I just think if we don't acknowledge the problem though, and either convince people the status quo is the ideal solution to it, or come up with something better, then we might end up with a new generation who will come to simply resent free speech, having only seen its downsides, and might choose to outright repel it much more strongly then I'm suggesting.