> Apparently there is plenty of room for debate on this subject, and Brandenburg v Ohio — involving a KKK leader whose conviction under a state law for making threatening and racist remarks was overturned by a divided court — is still being hashed out by constitutional experts to this day.
There's always room for debate on anything, but nobody but a tiny minority of legal experts are "hashing out" the case. It's been settled, quiet law for decades. It's also important to note that it came out of a much more restless time in American history, and a time when violence was very regularly politically or racially motivated violence driven by speech and the spread of ideas.
> And in any case, we are discussing the use of telecommunications systems for harassment and not someone shouting in a park behind a police barricade. I don’t do either of these things, so I’m admittedly not well-informed about the constitutional and case law in the US that might apply.
Harassment is another thing that has a specific legal definition. It's become common over time to use stronger words than are justified colloquially because it makes a more persuasive argument. For example, we might describe an accidental death as a "murder". But I don't think it's very productive in coming to understandings or deciding how we should set norms and make laws.
> It doesn’t invalidate the central idea that free speech is different from inflammatory speech “condoning” violence (wink wink) when it is amplified by technology to have an asymmetrical effect on the target of that speech.
In what sense is it asymmetrical? It's been my observation that many people making arguments like this seem to believe that 21st century social media technology has changed everything. Rather, historically speaking - at least in the modern era - it's more akin to returning to the norm, rather than the closely gatekept broadcast media era. This sort of thing is obviously gross, but it is not beyond the historical pale. It has seemed to me that many people would prefer to return to the brief period we did have asymmetry, where the wrong people saying ugly things were kept out of what was regarded as the place of public discourse, which discourse could then target people not blessed with access and leave them no way to publicly respond or defend themselves.
But in this case we're talking about a tweet made about a politicians and public figures. (It's worth mentioning that in the US, anything related to political speech is given even more leeway.) Twitter is available to both their proponents and their detractors. Any politician has themselves an enormous platform. Nothing about this case is asymmetrical, unless the argument is that the politician(s) has acquired more vitriolic haters than defenders. Well, that's the nature of social life. I would hope that the police would seriously investigate any actual threats and keep a close eye on the neighborhood they live in.
As for inflammatory - well, yes, inflammatory speech has been held to be protected over and over and over again. I also don't think it's fruitful to go down the road of "this speech is secretly condoning violence" (which is also not illegal or the "freedom of speech doesn't mean freedom from consequences folks advocating for the enemy du jour to be assaulted in the streets would be in trouble.) Even if it is secretly condoning violence, it's very obvious that criminalizing "coded" speech is a wide open road to serious abuses of rights.
> If I were a C-level executive I would probably aspire to higher level of online citizenry and behavior, perhaps, than a KKK leader, and hire someone else to do the tweeting.
No argument there. I do not know Gary Tan or anything about him other than what was in this reporting but it's obvious the tweet is trashy and unprofessional and the world would be better off without it. Nothing in my posts should be construed as an endorsement or agreement with it or Gary Tan.