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Neil Gaiman: Why defend freedom of icky speech?

journal.neilgaiman.com

11–20 of 107 posts

Re: Neil Gaiman: Why defend freedom of icky speech?

#11
He sums it up very concisely in the very last paragraph:

And also that I think that prosecuting as "child pornographers" a 16 and 17 year old who were legally able to have sex, because they took a sexual photograph of themselves and emailed it to themselves is utterly, insanely wrong, and a nice example of the law as blunt instrument.

Re: Neil Gaiman: Why defend freedom of icky speech?

#12
post #6
post #3

I think Neil does an excellent job of capturing the essence of the first amendment. I don't think we do enough to protect peoples right to 'not read' however. edit: While I clearly remember this coming up in at least one of the cases involving DeCSS where a defendant made the argument that their use of DeCSS didn't infringe copyright because they were restructuring the DVD to not play the copyright notices and ads be…

Who has made the argument that skipping commercials violates a corporation's First Amendment rights? Can you provide a link?

Eric Goldman (blog.ericgoldman.org) did a number of roundup pieces around first amendment defenses against prosecution under the CAN-SPAM laws, and the one of the arguments set forth by the MPAA in its defense of the DMCA was that its commercial speech rights were violated by people who could use DECSS(sp?) to unencrypt their DVDs and just watch the video content without the commercials. I'll see if I can find the case id and post a link.

Re: Neil Gaiman: Why defend freedom of icky speech?

#14
post #8

Its funny I had a similar argument with someone last week (2 weeks ago?) when the Westboro Baptist's won their supreme court case [1]. Speech is free, period. Once you try to put any restrictions on then the whole thing isn't even a slippery slope, its a frictionless cliff. [1] http://www.washingtonpost.com/wp-dyn/content/article/2011/03...

So what, then, is the difference between my calling your phone number multiple times and leaving harassing messages ("You're going to hell! Fag!"), and what the WBC does at semi-private gatherings, like funerals?

I don't disagree with the justifications behind protecting speech, even (and especially) things that I find reprehensible. However, I think it's a bit of a lie to say that law doesn't have fine lines or distinctions.

Re: Neil Gaiman: Why defend freedom of icky speech?

#16
post #8

Its funny I had a similar argument with someone last week (2 weeks ago?) when the Westboro Baptist's won their supreme court case [1]. Speech is free, period. Once you try to put any restrictions on then the whole thing isn't even a slippery slope, its a frictionless cliff. [1] http://www.washingtonpost.com/wp-dyn/content/article/2011/03...

Well, it's hardly ever a "frictionless cliff". Lots of countries (plenty of them in the EU) have restrictions on free speech, but they haven't yet turned into autocracies.

Re: Neil Gaiman: Why defend freedom of icky speech?

#17
post #8

Its funny I had a similar argument with someone last week (2 weeks ago?) when the Westboro Baptist's won their supreme court case [1]. Speech is free, period. Once you try to put any restrictions on then the whole thing isn't even a slippery slope, its a frictionless cliff. [1] http://www.washingtonpost.com/wp-dyn/content/article/2011/03...

>Speech is free, period.

There is situations when one fundamental right conflicts with another fundamental right. Your statement is that the fundamental right of free speech must always take precedence.

I see how fundamental right of a child for the privacy of his/her body [ note: a child can't give an informed consent to waive the right ] can be given priority over somebody else's fundamental right for free speech.

Unfortunately, in the case of fetish animal torture videos the Supreme Court took the side of the scum.

Re: Neil Gaiman: Why defend freedom of icky speech?

#18
post #8

Its funny I had a similar argument with someone last week (2 weeks ago?) when the Westboro Baptist's won their supreme court case [1]. Speech is free, period. Once you try to put any restrictions on then the whole thing isn't even a slippery slope, its a frictionless cliff. [1] http://www.washingtonpost.com/wp-dyn/content/article/2011/03...

So what, then, is the difference between my calling your phone number multiple times and leaving harassing messages ("You're going to hell! Fag!"), and what the WBC does at semi-private gatherings, like funerals? I don't disagree with the justifications behind protecting speech, even (and especially) things that I find reprehensible. However, I think it's a bit of a lie to say that law doesn't have fine lines or dist…

Funerals are public, or at least the WBC is on public ground when they protest at funerals.

Re: Neil Gaiman: Why defend freedom of icky speech?

#19
post #8

Its funny I had a similar argument with someone last week (2 weeks ago?) when the Westboro Baptist's won their supreme court case [1]. Speech is free, period. Once you try to put any restrictions on then the whole thing isn't even a slippery slope, its a frictionless cliff. [1] http://www.washingtonpost.com/wp-dyn/content/article/2011/03...

So what, then, is the difference between my calling your phone number multiple times and leaving harassing messages ("You're going to hell! Fag!"), and what the WBC does at semi-private gatherings, like funerals? I don't disagree with the justifications behind protecting speech, even (and especially) things that I find reprehensible. However, I think it's a bit of a lie to say that law doesn't have fine lines or dist…

The lines in law, where they exist, tend to be fuzzy, rather than fine.

Now with that said freedom of speech is a special law. And obviously one that cuts both ways. But a key reason why the law should largely exist untampered is that even if you say something I think is offensive, I can rely on a few things:

1) If it's absurd it will be discarded by most people.

2) If it's absurd those people it would convince, probably already believe it.

3) With freedom of speech I can argue the point prior to irreversible damage.

Now there are some cases where freedom of speech don't apply and those are generally cases where the three points above don't apply. For example, the classic of yelling "Fire" in a crowded room. Someone else yelling, "there is no fire" is not likely to be heard and even if "Fire" is seemingly absurd, most people may not discard due to potential harm. Yada yada.

But outside of cases that violate the above, the law should stand. Otherwise the consequences, shutting down opposing speech, will almost certainly be worse.

Re: Neil Gaiman: Why defend freedom of icky speech?

#20
post #8

Its funny I had a similar argument with someone last week (2 weeks ago?) when the Westboro Baptist's won their supreme court case [1]. Speech is free, period. Once you try to put any restrictions on then the whole thing isn't even a slippery slope, its a frictionless cliff. [1] http://www.washingtonpost.com/wp-dyn/content/article/2011/03...

So what, then, is the difference between my calling your phone number multiple times and leaving harassing messages ("You're going to hell! Fag!"), and what the WBC does at semi-private gatherings, like funerals? I don't disagree with the justifications behind protecting speech, even (and especially) things that I find reprehensible. However, I think it's a bit of a lie to say that law doesn't have fine lines or dist…

WBC does it on public property.
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