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The distinction between free speech as a legal right and cultural value

thefire.org

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Re: The distinction between free speech as a legal right and cultural value

#251

If you are reading a piece about free speech and content moderation on platforms like Twitter, look to see if it meaningfully engages with the concepts of spam and porn, which are both fully legal speech, and both heavily moderated with little controversy. (This piece does not.) Why does this matter? Because free speech, free expression in general, is a means to express values and beliefs. Our values and beliefs are…

There's a lot of porn on twitter, and the fact that so many people use porn as an example of something that twitter has to ban, not knowing that twitter doesn't ban porn and it nonetheless isn't in their face all the time, perfectly illustrates that banning things from a platform such as twitter is not necessary, that people are perfectly able to avoid things that are not banned.

I'm in Vietnam and about six months ago I made a new Twitter account for our business.

I can tell you that this new account got absolutely flooded with porn suggestions, all Vietnamese language, a lot of it looking like borderline underage stuff.

I'm not anti-porn in any way but this was pretty awful. My business is a bakery, I did nothing to invite these suggestions except sign up. I did start to follow bakery and coffee related accounts and the suggestions got better after a few days but not entirely. Then for reasons about a month ago I decided that our business shouldn't use Twitter anyway.

Incidentally when I log into my personal Facebook account here, since I have personalized ads turned off I get shown local Vietnamese language ads in the sidebar and for several months these have just been straight up hardcore porn. Loads of penis enlargement ads featuring close ups of actual penises, lots of "hot women in your area" showing way more than I want to see when I just logged in to check how my family back home in Europe are doing.

Just because you don't see unwanted stuff on social media, don't assume other people have the same experience. Facebook are notorious for basically doing zero content moderation in Asian countries (see Myanmar), and we all know what's going on with Twitter. I'm pretty sure that within a pretty short timeframe it's no longer going to be borderline underage stuff in non English speaking parts of the world.

Re: The distinction between free speech as a legal right and cultural value

#252
post #247
post #239

Earlier quoted context omitted.

Not PP but in my opinion there is a big difference between how the law addresses speech that makes people interested in a different government and speech that promotes extreme ideologies. For example, if you look at countries like Russia, China, Iran, Myanmar, etc... what's illegal or repressed is any promotion of opposition to the government. This is plainly anti-democratic & authoritarian. Whereas in a lot of Europ…

How laws are sold to the public are not how they get applied. Nixon's 1971 Federal Election Campaign Act, meant to regulate campaign finance, was immediately used to curtail speech critical of Nixon. Here's former ACLU executive director Ira Glasser in a podcast at 1:49:10 [1], transcript [2]: > Times writes back and says, we can't publish this ad because we – because you criticize Nixon and it's 1972, and it's in th…

> How laws are sold to the public are not how they get applied. Nixon's 1971 Federal Election Campaign Act, meant to regulate campaign finance, was immediately used to curtail speech critical of Nixon.

This is an argument against laws, corruption, and government. It is not, however, an argument against any particular position on speech. A capricious supreme court could revert to the speech precedent the US had for the first 150 years of it's existence, which we both presumably agree is flawed. Laws can be written and misapplied.

Neither of those things being possible suggests that, as a value, free speech maximalism is superior to free speech...almost maximalism. It's clear that you can have stability and discussion and support for fairly extreme ideologies under the more restrictive speech standards of Europe.

Re: The distinction between free speech as a legal right and cultural value

#253

If you are reading a piece about free speech and content moderation on platforms like Twitter, look to see if it meaningfully engages with the concepts of spam and porn, which are both fully legal speech, and both heavily moderated with little controversy. (This piece does not.) Why does this matter? Because free speech, free expression in general, is a means to express values and beliefs. Our values and beliefs are…

What is pornography, exactly? Ok, maybe spam can be defined more or less formally (but you will struggle to define "advertisement", I'm afraid, so, maybe spam has same problem). But "pornography" is big can of worms. Each culture and each person have its own definition, and global platforms are, errr, global. As result we can not post classical art to Facebook because these horrible woman nipples, you now. Pornograph…

The fact there are shades of grey doesn't mean black and white don't exist, though.

A social media site needs a sensible response to Michelangelo's David - hopefully not censoring it - but also needs a sensible response to Goatse getting upvoted to the front page by trolls.

Re: The distinction between free speech as a legal right and cultural value

#254
post #228

Earlier quoted context omitted.

> Yes, yes, but The refrain "I believe in free speech, BUT" is so common that first amendment lawyers regularly joke about it [0] [1] [2]. "Free speech for me— but not for thee" is also the title of an excellent book by Nat Hentoff [3] Personally I like how ACLU founder Roger Baldwin put it to historian Arthur Schlesigner, Jr.: > Arthur: "What possible reason is there for giving civil liberties to people who will use…

> Well that is contrary to our experience. In a democratic society, if you let them all talk, even those who would deny civil liberties and would overthrow the government, that's the best way to prevent them from doing it. This isn't empirically true though, as someone else mentions in this thread there's a fair amount of evidence that past a certain point, more free speech makes fomenting a populist revolt to end de…

> This isn't empirically true though, as someone else mentions in this thread there's a fair amount of evidence that past a certain point, more free speech makes fomenting a populist revolt to end democracy easier, not harder, and that if democratic stability is what you're opting for, something more akin to western Europe's laws would be better than the US's.

Since you must have already read my above comment about punishable speech that "in context, directly causes specific imminent serious harm", you must now be arguing that there are words beyond that which cause violence. That's wrong. Words are not violence. When you punish speech that does not cause violence, you turn into the censor. Consider how you sound when you argue this point [1]. It draws people towards the cause you seek to censor, not away from it. You enable your opponent, just as Anthony Comstock did over a hundred years ago. People root for the underdog, they want to hear both sides, and to be trusted to make up their own minds. When you take away their ability to choose, you become their enemy, not their ally.

> the argument you're presenting is functionally "trust us",

Fundamentally, this is the exact opposite of the point I'm making. The censor is saying, "trust me, this was bad, seeing it will hurt you". Free speech advocates are saying, "make up your own mind" and that you have the right to associate with whomever you please.

> which, no, I don't trust the free speech advocacy org to have an objective view on the dangers of unrestricted speech.

Free speech does not mean unrestricted speech, as mentioned above.

> It is contrary to your nature.

It sounds like you feel there is no common ground to be found. Yet we are all human. We have both similarities and differences that can be discovered through conversation, some of which may be easy like this one, some of which may be hard. Giving up on that is the equivalent to saying we should either all duke it out or live separately. I'm probably not the most difficult person debate-wise you'll ever meet. You might as well start somewhere.

[1] https://www.youtube.com/watch?v=E0T9XSG73kY&t=4889s

Re: The distinction between free speech as a legal right and cultural value

#255
post #190

Earlier quoted context omitted.

Greg Lukianoff also suggested drawing the content moderation line at legal speech [1]. > Why does this matter? Because free speech, free expression in general, is a means to express values and beliefs. Saying this does not convince people who are concerned about hate speech. Such individuals imagine that the government or the platform will, or can be coerced, to simply remove whatever they do not like. These folks, w…

Just FYI, hate speech being free speech is an American thing. Other democracies in the world have frameworks for limiting/prioritizing basic rights, right to free speech included (take, for example, German moderation laws) and have not become a totalitarian dystopias yet. One opinion I've heard in Germany is that the free speech absolutism and value neutrality of the constitution of the Weimar Republic allowed NSDAP…

Germany has freedom of opinion, not freedom of speech. While they're generally understood (in Germany) to be the close to the same, they're not understood the same outside of Germany.

You're allowed to think whatever you want, but you're not allowed to publicly say it, unless it's within the bounds of legal opinion (which are pretty wide, it's not like you're only allowed to state one opinion, but they are also clearly limited). Insults, while clearly speech, are forbidden and it's part of the penal code (up to one year in prison, but it's usually settled by fines), so not a civil matter.

What Germany certainly doesn't have is a culture of free speech. It's important to remember that the last totalitarian dictatorship in (East) Germany only ended 30 years ago, and there was very little freedom of speech there, and the limits were violently enforced.

German culture highly values conformity, and it's no accident that the spiral of silence was proposed by a German researcher (Elisabeth Noelle-Neumann), it essentially argues that people check their views for majority-compatibility and will stay silent if they find that they're not accepted. Because they stay silent, others who think like them will find their ideas not accepted in the majority and will also stay silent etc etc, as an act of social survival (which it certainly is in Germany, but isn't as much in countries with a culture of free speech).

> speech absolutism and value neutrality of the constitution of the Weimar Republic

The Weimar Republic had largely the same fundamental laws regarding freedom of speech as the Federal Republic of Germany today: you're allowed to say what isn't outlawed by a law, and you must not be punished for saying it.

Re: The distinction between free speech as a legal right and cultural value

#256
post #254

Earlier quoted context omitted.

> Well that is contrary to our experience. In a democratic society, if you let them all talk, even those who would deny civil liberties and would overthrow the government, that's the best way to prevent them from doing it. This isn't empirically true though, as someone else mentions in this thread there's a fair amount of evidence that past a certain point, more free speech makes fomenting a populist revolt to end de…

> This isn't empirically true though, as someone else mentions in this thread there's a fair amount of evidence that past a certain point, more free speech makes fomenting a populist revolt to end democracy easier, not harder, and that if democratic stability is what you're opting for, something more akin to western Europe's laws would be better than the US's. Since you must have already read my above comment about p…

> Since you must have already read my above comment about punishable speech that "in context, directly causes specific imminent serious harm", you must now be arguing that there are words beyond that which cause violence.

Correct.

> Words are not violence.

Sure. But I never claimed as such. I said words could cause violence. Combustion is not flight, and yet combustion, in the right circumstances, causes flight. Two things need not be equivalent for there to be a causal relationship between them.

> you turn into the censor.

Assuredly, but here you're begging the question. Why is becoming the censor an ill that must, at all costs, be avoided?

> It draws people towards the cause you seek to censor, not away from it.

This is a common claim, but we know it to be untrue. While certainly, some people may be drawn to the restricted section of the library, fewer people will ultimately here the material than if it's being preached about on the street. We see this with censorship all the time, both empirical examples (censorship of sex-related topics in religious communities) and quantifiable ones [0].

> Fundamentally, this is the exact opposite of the point I'm making

No, I mean that in the quote you provided, his claim that "in our experience, actually censoring makes things work" is totally unsupported. You have to trust him that that's true, and of course the guy who runs the free speech organization is going to say that censorship is bad. If he didn't believe that, he wouldn't run the free speech organization. My simple question is "what if there's a point after which free speech actually makes things worse"?

I mean you already agree that such a point exists: imminent violent action. But presumably I could come up with other examples of things you'd be okay with censoring (CSAM is a common example). If you're okay banning that speech, what's the harm in moving the needle a bit in one direction or the other, especially if moving it results in a society that is more stable?

I think there are good and nuanced answers to all of those questions, but you aren't even engaging with them because you seem to be claiming that, without exception, it is obvious that the optimal and least harmful choice when picking what speech we should ban is "imminent violence incitement and nothing else", and when I ask "why set the bar there", you quote someone who says "trust me". That's not convincing.

[0]: https://techcrunch.com/2017/09/11/study-finds-reddits-contro...

Re: The distinction between free speech as a legal right and cultural value

#257

Earlier quoted context omitted.

It's fair to assume he cut moderation teams because they were intimately involved with suppression of speech at the behest of the government and political interests. Determining those moderators which have been witting participants in the chilling of free speech is more difficult than axing a great many of them that underperformed and keeping the few with real tangible contribution.

Being “intimately involved with suppression of speech at the behest of the government and political interests” exactly describes the job of removing child sexual assault content.

A better word is partisan or authoritarian interests.

Re: The distinction between free speech as a legal right and cultural value

#258
post #247

Earlier quoted context omitted.

How laws are sold to the public are not how they get applied. Nixon's 1971 Federal Election Campaign Act, meant to regulate campaign finance, was immediately used to curtail speech critical of Nixon. Here's former ACLU executive director Ira Glasser in a podcast at 1:49:10 [1], transcript [2]: > Times writes back and says, we can't publish this ad because we – because you criticize Nixon and it's 1972, and it's in th…

> How laws are sold to the public are not how they get applied. Nixon's 1971 Federal Election Campaign Act, meant to regulate campaign finance, was immediately used to curtail speech critical of Nixon. This is an argument against laws, corruption, and government. It is not, however, an argument against any particular position on speech. A capricious supreme court could revert to the speech precedent the US had for th…

> This is an argument against laws, corruption, and government.

No, it's an argument for studying the history of law and understanding that some are good and some are bad. They don't come with a cover sheet saying so. You need to figure it out for yourself.

> Laws can be written and misapplied.

All the more reason to study them and give careful consideration to how they have been misapplied in the past. We're in agreement there.

You're a different commenter than above, so I'm not sure if your main point is to agree with them, disagree with me, or both, and on what exactly.

> It's clear that you can have stability and discussion and support for fairly extreme ideologies under the more restrictive speech standards of Europe.

I think any anti hate speech laws are more experimental than the American experiment. The point of free speech is to protect minority voices. It was championed in the '60s when the left needed it, and it rose from the ashes in the early 1900s after Comstock tried to surreptitiously-but-not-so-surreptitiously squash it. The censor never calls himself a censor.

Re: The distinction between free speech as a legal right and cultural value

#259
post #239

Earlier quoted context omitted.

Not PP but in my opinion there is a big difference between how the law addresses speech that makes people interested in a different government and speech that promotes extreme ideologies. For example, if you look at countries like Russia, China, Iran, Myanmar, etc... what's illegal or repressed is any promotion of opposition to the government. This is plainly anti-democratic & authoritarian. Whereas in a lot of Europ…

The concern that people have is that the definition of what is "extreme" tends to creep, in one direction or another, in western democracies. Perhaps that's a feature of democracy itself, from a certain point of view, but for example the nominal opinion in the US on immigration in the 1990s is not really that different than that of today's average Trump voter. Democracies tend to have short memories when it comes to…

the Overton window basically. That's where the constant vigilance and discussion comes in, to keep open the possibility of moving the window. for example, I still hear a LOT about conspiracy theories, anti-vaxx, etc... even though I don't want to. It's basically two sides shouting as loud as they can that the other side is talking nonsense, just one side is the government that the majority of people voted for and support, so gets a lounder voice. Anyone equating how speech about covid restrictions or vaccinations was handled in most of Europe vs true authoritarian repression of discussion about changing governments in China, Iran, etc... is hyperbolic, disingenuous or ill-informed.

Societal totalitarianism is a very real concern. In its benign form it leads to quirky cultures and in its extreme leads to total suppression of any opposition to the zeitgeist, even without a fully authoritarian government. Unfortunately there's a massive fuzzy grey boundary between the two and it's up to the people of a country to course correct when they can, as getting back from a restrictive society is difficult.

Re: The distinction between free speech as a legal right and cultural value

#260
post #5

Freedom of association captures the idea of freedom of speech better than freedom of speech itself, I think. Private parties are (with some number of government constraints) free to pick who to work with, who to play with, and who to talk with, and who they don't want to do anything with.

I think this comes close to equating capitalist free markets (rules that maximise participation) and anarchy (no rules).

What do you mean by some number of government constraints?

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