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Speech is violence? Not if we want a liberal, intellectual society

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Re: Speech is violence? Not if we want a liberal, intellectual society

#61
"Speech is violence" doesn't exist as a principle in modern western societies. It's a slogan and call for a coordinated mass political attack against an identified target.

It is applied by political partisans to attack their enemies and not applied to themselves or their allies.

It's cynical, crass, mass political power put into action. Reluctant participants are dragged along under the implied threat that they will be targeted because "inaction is complicity" or some similar slogan.

Re: Speech is violence? Not if we want a liberal, intellectual society

#63
post #46
post #9

Lawyer here, and this definitely strikes me as one of a surprising number topics in which, the law has for some time, already a very effective and useful way to get at this concept. Sure, speech can be harmful and hurtful, to the point that someone should get punished for it. But the law has generally done very good job of reminding us that this tends to be a VERY NARROW possibility, i.e. the harm has to be very spec…

If you convince someone not to have kids, is that harmful?

how can convincing (not coercing) be harmful? What's the definition of harm

Re: Speech is violence? Not if we want a liberal, intellectual society

#64

The kinds of censorship that really bothers me is when people like Ron deSantis use the power of the state to force people like university professors to say specific things and muzzle them from saying other things. That's actual government censorship.

Those professors and teachers are employees of the government. Like it or not, that puts them under the same umbrella as police officers, fire fighters, and others. Government employees are very much restricted in what they can say and do when they are on the clock.

no it doesn't, technically sure but universities are suppose to be free from controlled speech like this. see why tenure and academic freedom exist

Re: Speech is violence? Not if we want a liberal, intellectual society

#65

"In nations where millions of people hold diverse beliefs, who gets to decide exactly when speech becomes “harmful” and which people should be protected from offensive or critical speech?" I don't know, maybe we could all get together and collectively decide with some kind of voting mechanism??? Or, if voting every time is too onerous, we could elect a "representative" to stand in for our views? Just a thought!

But are we allowed to even discuss the topics - or will folks be burned / punched for even discussing the ideas?

Re: Speech is violence? Not if we want a liberal, intellectual society

#66

When a message board or user is kicked off a platform, it's never for "saying the wrong thing" or "political correctness". It's generally because they organized targeted campaigns of harassment, doxxing, swatting, and other kinds of behavior that violated the terms of service. Take this example: https://www.nbcnews.com/tech/internet/cloudflare-kiwi-farms-... "At least three people have died by suicide after becoming…

> it's never for "saying the wrong thing" or "political correctness"

My reddit account was permanently suspended for upvoting vaccine skepticism.

Re: Speech is violence? Not if we want a liberal, intellectual society

#67
post #9

Lawyer here, and this definitely strikes me as one of a surprising number topics in which, the law has for some time, already a very effective and useful way to get at this concept. Sure, speech can be harmful and hurtful, to the point that someone should get punished for it. But the law has generally done very good job of reminding us that this tends to be a VERY NARROW possibility, i.e. the harm has to be very spec…

And yet people don't get how narrow the Brandenburg test is:

https://www.law.cornell.edu/wex/brandenburg_test

> The test determined that the government may prohibit speech advocating the use of force or crime if the speech satisfies both elements of the two-part test:

> The speech is “directed to inciting or producing imminent lawless action,”

> AND

> The speech is “likely to incite or produce such action.”

[snip]

> The Supreme Court in Hess v. Indiana (1973) applied the Brandenburg test to a case in which Gregory Hess, an Indiana University protester, said, “We’ll take the fucking street later (or again)." The Supreme Court ruled that Hess’s profanity was protected under the Brandenburg test, as the speech “amounted to nothing more than advocacy of illegal action at some indefinite future time.” The Court held that “since there was no evidence, or rational inference from the import of the language, that his words were intended to produce, and likely to produce, imminent disorder, those words could not be punished by the State on the ground that they had a ‘tendency to lead to violence.’”

> In NAACP v. Claiborne Hardware Co.(1982), Charles Evers threatened violence against those who refused to boycott white businesses. The Supreme Court applied the Brandenburg test and found that the speech was protected: “Strong and effective extemporaneous rhetoric cannot be nicely channeled in purely dulcet phrases. An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech.”

And because I also see this doctrine over-applied online:

https://www.law.cornell.edu/wex/fighting_words

> In Texas v. Johnson (1989), the Supreme Court redefined the scope of the fighting words doctrine to mean words that are "a direct personal insult or an invitation to exchange fisticuffs." There, the Court held that the burning of a United States flag, which was considered symbolic speech, did not constitute fighting words.

> In R.A.V. v. City of St. Paul (1992), the Supreme Court found that the "First Amendment prevents government from punishing speech and expressive conduct because it disapproves of the ideas expressed." Even if the words are considered to be fighting words, the First Amendment will still protect the speech if the speech restriction is based on viewpoint discrimination.

The page I linked to links to multiple law review articles on the subject:

http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article...

http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?art...

http://via.library.depaul.edu/cgi/viewcontent.cgi?article=28...

Suffice it to say: If someone online claims a speech act isn't protected due to the fighting words exemption, no it isn't.

Re: Speech is violence? Not if we want a liberal, intellectual society

#69

I think this article makes a key mistake that I see almost all commentators make of visions of free speech less radical than, say, the first amendment: They consider only the direct effects of speech on those who hear it. If you accept this, it's very easy to(correctly) respond that it's not the state's job to police mere offense, no matter how grave it may be. Some people who try to make criticisms of a radical free…

> but at the same time, it's undeniable that a lot of money and attention is flowing to ever-bolder provocateurs whose only possible goal is to escalate existing tensions and iniquities to violence in service of their political aims.

Then you should defeat them in the marketplace of ideas and be able to counter their facillous words. To suggest otherwise is to stand in a position where you claim that some people are incapable of intelligently reasoning about something and that another superior individual should be able to police what they hear.

If someone says racist hateful things you're argument is that people should not be allowed to listen to it because it is a "bad thing" and other people who aren't as wise as you shoudlnt be allowed to hear it because they might act violently.

Re: Speech is violence? Not if we want a liberal, intellectual society

#70

Earlier quoted context omitted.

I think knowingly sending rape threats to rape victims is pretty violent behavior Compared to the actual act of rape? No. That kind of thinking just devalues the victim. That said, specific threats aren't normally examples of protected speech. Extreme cases make bad law.

I also agree extreme cases make bad law. That's why I'm disagreeing with the extreme that there are no exceptions to the notion of speech not being violent.

Things can be bad without being violent. I don't understand this widespread push to try and erase the difference between non-violent bad things and violent bad things.
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