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Injunction issued in case about social media pressure from US Government

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Re: Injunction issued in case about social media pressure from US Government

#231
post #174
post #131

This thread baffles me. There are a lot of replies that either didn’t read the article (or even the headline) that seem to be government apologists, or arguing that a particular email isn’t coercive enough, etc. A court found that the government abused its power and infringes on people’s first amendment rights by using its intimidation power to coerce social media to censor free speech of citizens. Freedom of speech…

First off, I think all of us have learned the unfortunate downsides to a libertarian approach to free speech over the past 20 years. Any free speech purist would do well to remember what their legal recourse would be if somebody made elaborate false-allegations about you that harmed your career and marriage - we have many legal tools that protect us from harmful lies. It is not remarkable that there are people who be…

> Any free speech purist would do well to remember what their legal recourse would be if somebody made elaborate false-allegations about you that harmed your career and marriage

This is a total straw man. Free speech absolutists almost universally acknowledge that fraud, defamation, libel, and narrowly defined incitement are special cases that don't qualify for protection.

With respect to "disinformation", I would challenge you to come up with a strict definition and a framework for applying that designation and see how you might feel about giving that tool to your political opponents.

Re: Injunction issued in case about social media pressure from US Government

#232
post #217

The free speech misinformation directly led to deaths of citizens. It is no different from any other speech that causes mass panic and confusion. I don't understand why this decision was allowed to become detached from reality.

Yelling fire in a crowded theatre is only illegal when you know for sure there is no fire and are intentionally trying to cause panic and death.

Yes, disinformation is not free speech. Misinformation can be allowed, however amplification of it cannot.

Re: Injunction issued in case about social media pressure from US Government

#233
post #131

This thread baffles me. There are a lot of replies that either didn’t read the article (or even the headline) that seem to be government apologists, or arguing that a particular email isn’t coercive enough, etc. A court found that the government abused its power and infringes on people’s first amendment rights by using its intimidation power to coerce social media to censor free speech of citizens. Freedom of speech…

It’s not so cut and dry, because believers in free speech can believe that the federal government and its employees should also be free to speak. The legal theory at stake here is that all government speech is inherently coercive. But this is not necessarily true, or aligned with free speech as a principle of society. Any time someone says “we must protect free speech by legally enjoining the following people from sp…

> It’s not so cut and dry, because believers in free speech can believe that the federal government and its employees should also be free to speak.

If the speech the government officials are engaging in is a demand to censor the political speech of citizens, then we are looking at a violation of the First Amendment.

Nobody is saying that government officials can't engage in other kinds of speech that don't violate the Bill of Rights.

Re: Injunction issued in case about social media pressure from US Government

#234
post #64
post #54

Earlier quoted context omitted.

TFG?

It stands for “The Former Guy.” Some people won’t say Trump’s name.

It's such an odd thing. I don't think I've ever heard people refusing to say Stalin or Hitler's names. Andrew Jackson isn't alluded to with euphemisms, despite being a piece of shit who perpetrated genocide among other crimes. Nixon doesn't get this for his crimes and shitty policies, nor Truman for the a-bombs or FDR for mass internment of American citizens.

It seems like an idea people got from Harry Potter refusing to say Voldemort.

Re: Injunction issued in case about social media pressure from US Government

#235
post #201

Earlier quoted context omitted.

It’s a blatantly illegal prior restraint on speech, completely at odds with the values the plaintiffs and judge claim to hold. Free speech cuts both ways. If you’re pleased when a judge bans any and all communication among millions of citizens, you don’t actually value the first amendment, you’re just cheering a partisan victory.

> If you’re pleased when a judge bans any and all communication among millions of citizens, you don’t actually value the first amendment, you’re just cheering a partisan victory. What? You seem very misinformed. Here's the ruling: https://storage.courtlistener.com/recap/gov.uscourts.lawd.18...

I linked that in my original comment in this thread: https://news.ycombinator.com/item?id=36616058

Re: Injunction issued in case about social media pressure from US Government

#236
post #133

Earlier quoted context omitted.

> I'd look at it the same as a police officer demanding things. The Government cannot demand that political speech be censored without running afoul of the First Amendment. If you recall, the courts didn't allow Trump to block critical accounts on Twitter.

Facebook is employing former CIA agents to moderate content/determine misinformation policies. https://thehill.com/hilltv/3566225-reporter-facebook-using-e...

What is your theory in posting this? That people who work for the CIA must give up their right to free speech and future private employment? This just reads like unprincipled scare mongering to me.

Re: Injunction issued in case about social media pressure from US Government

#237

Earlier quoted context omitted.

There's a really fun, and deeply relevant, historical tidbit on the history of 'yelling fire in a crowded theater.' That statement didn't actually come from any court case along those lines. Instead it was first used by Supreme Court Justice Oliver Wendell Holmes in the case Schenck vs the United States, as a metaphor. [1] So, what was the egregious offense, endangering all of society by words alone, uttered by by Sc…

The meta-lesson I've learned from these types of examples is that language is a slippery construct: the more you wander away from concrete words and specific meanings, in the direction of metaphors and abstractions, the easier it is to convince of yourself of stupid things. It's on the back of my mind a lot when worrying about LLM's. The power to convince, and the power to reason, are very different things.

In my years of arguing with people online (#xkcd386), I notice that those who resort to metaphors and analogies often have the least convincing arguments. Metaphors are great when you're explaining a difficult concept (of which you've attained a satisfactory level of understanding) to a willing listener, but it's really easy to enter the slippery slope you mentioned if the correctness of something is in dispute.

These days when I see a argument based on metaphor, I just ... disengage.

Re: Injunction issued in case about social media pressure from US Government

#238
post #235

Earlier quoted context omitted.

> If you’re pleased when a judge bans any and all communication among millions of citizens, you don’t actually value the first amendment, you’re just cheering a partisan victory. What? You seem very misinformed. Here's the ruling: https://storage.courtlistener.com/recap/gov.uscourts.lawd.18...

I linked that in my original comment in this thread: https://news.ycombinator.com/item?id=36616058

Perhaps read(or reread) it? There is literally nothing in there which "bans any and all communication among millions of citizens".

Re: Injunction issued in case about social media pressure from US Government

#239
post #201

Earlier quoted context omitted.

-> Then tell me with a straight face that you think it’s a good thing for free speech. I'm just curious, can you tell us what you take issue with?

It’s a blatantly illegal prior restraint on speech, completely at odds with the values the plaintiffs and judge claim to hold. Free speech cuts both ways. If you’re pleased when a judge bans any and all communication among millions of citizens, you don’t actually value the first amendment, you’re just cheering a partisan victory.

Thanks! Good discussion follows this comment, thank you :)

Re: Injunction issued in case about social media pressure from US Government

#240
post #231
post #174

Earlier quoted context omitted.

First off, I think all of us have learned the unfortunate downsides to a libertarian approach to free speech over the past 20 years. Any free speech purist would do well to remember what their legal recourse would be if somebody made elaborate false-allegations about you that harmed your career and marriage - we have many legal tools that protect us from harmful lies. It is not remarkable that there are people who be…

> Any free speech purist would do well to remember what their legal recourse would be if somebody made elaborate false-allegations about you that harmed your career and marriage This is a total straw man. Free speech absolutists almost universally acknowledge that fraud, defamation, libel, and narrowly defined incitement are special cases that don't qualify for protection. With respect to "disinformation", I would ch…

Quite incorrect. Defamation is a tort, not a crime. It's legal.

Criminal defamation laws in the US have been repeatedly struck down as unconstitutional, not by absolutists but by lots of normal working judges.

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