Earlier quoted context omitted.
> an identical comment in the context of employment almost certainly would be considered unlawful sexual harassment under the provisions of NYC's Human Rights Law Sorry, I couldn't find the definition for "sexual harrassment" in the first document. And I'm not from US, so maybe we have different expectations for the term. Could you clarify which of the 6 examples in the second document you found pertinent to the stor…
NYCHRL isn't straightforward in its language, for sure; it's written for lawyers. It's also the legislation that applies in the jurisdiction in which the comment was made. In any case, seeing as RMS is, to all accounts, determinedly heterosexual, I'd say that it falls neatly into the category of "sexist remarks based on gender", the sixth bullet in that second document. Maybe you think that's an unworthy bit of lawye…
Aren't sexist remarks statements like "a woman couldn't manage to do xxx as well as a man could", or "make me a sandwich"? The statement was (one might say, carefully) gender-neutral, and even if you can infer a gender it might have been referring to, what negative thing would it have been implying about said gender?
> consider that a comment like that would get anyone who made it fired from any tech company with an HR department and an employee base the size of that talk's audience
It could have, but I hope nobody would call it "sexual harrassment". "Inappropriate language at the workplace", maybe? It might not (since there's no single person it targeted, to report it to HR). It probably wouldn't cause any firing at any of the places I've worked, though. shrug
> I don't think it is unreasonable to hope for some positive impact out of all this
Let's hope so. And let's hope your comments don't end up drowning in people arguing about details, like a lot of us nerds like to do.
> there's nothing honorable or worthwhile in defending them or the people who, as in this case, persist in making them past all reasonable expectation or effort of curtailment
I hope you can see that, given the unfortunate circumstances, there really is something honorable in defending the person, at least to make sure that the accusations are valid and not overblown.
> I'd prefer it if someone like that were to understand why this is the case, and agree that it should be
BTW, you know you could email him directly, right? Before that all happened, or even now.
> he'd better learn to keep his mouth shut instead of saying things that hurt marginalized groups
Again this language of emotional escalation. It's manipulative.
Making someone uncomfortable doesn't always imply hurting them. Even if they're feeling entirely disgusted by a speech, like some of the women in the audience might have been.
You don't have to equate X with Hitler to prove to people that X is bad. X can be bad on its own rights.
> If their native empathy doesn't suffice them as cause to do so, I have no problem in principle or in practice with the fear of punishment taking its place
There is still such a thing as disproportionate punishment.