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Once a bastion of free speech, the ACLU faces an identity crisis

nytimes.com

341–350 of 550 posts

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#341

Earlier quoted context omitted.

The NRA started as a way to retrain Union soldiers to actually aim their weapons instead of volleying them, as they were no longer using smooth-bored muskets. If that's a principle, they did that. I'm not sure why they became a weird mix of Russians and the KKK.

> I'm not sure why they became a weird mix of Russians and the KKK. They didn't. The NRA supports the rights of all individuals to own gubs. The KKK supports gun control to stop minorities from owning guns.

>The NRA supports the rights of all individuals to own gubs.

Except for the Black Panthers.

https://time.com/4431356/nra-gun-control-history/

https://www.history.com/news/black-panthers-gun-control-nra-...

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#342
post #250

Earlier quoted context omitted.

Note how you have just did exactly what you criticized ( “silence legitimate criticism of others” by dismissing those that called out cancel culture)

Cancel culture is not responding to an argument with counter-argument. Cancel culture is responding to an argument with an effort to personally destroy whoever dared to voice that argument, exclude them from the discussion and silence them. That's why it is "cancel" culture and not "debate" culture - you're not supposed to criticize somebody, you're supposed to end ("cancel") their presence in the society. In older,…

> In older, harsher, times, this was done by literally murdering people,

In past times, nonviolent forms of 'cancelling' that would seem familiar to us today were also employed. It was/is called 'shunning.' Our modern term is just a euphemism for that.

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#343

Earlier quoted context omitted.

You asked which would one select. I choose the right to exist with my rights intact. Personally, I feel that the alternative isn't life or an existence worth living.

By choosing to "exist with your rights intact" you're choosing both, so you haven't answered the question. Which would you prefer if you could only have one: Life, or Freedom of Speech? Could you explain to me how you'd exercise freedom of speech, while dead?

Both or none. Death.

Are you being pedantic to win an internet debate or really trying to understand other perspectives?

Edit: The thing you keep missing though is that one cannot choose. I have the right by default. I can choose not to exercise my rights, but by living I have the right to speech.

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#344
post #229

Earlier quoted context omitted.

Not at all: functionally, there's a meta-gaming thing that goes on where 'free speech' is treated as sort of antifa Kryptonite. It's not being argued in good faith at all. It's a tactic. You'll find that the same people making a big noise about 'free speech' will do everything they possibly can to suppress and conceal the speech of those who are calling 'em out for arguing in bad faith… because they are arguing in ba…

If you're conspiratorial about everybody who supports free speech not really supporting free speech, and instead just saying it in bad faith(?), you're going to have a tough time with meaningful debate and enjoying HN. One of the core tenets is a belief in the principle of charity — assume the strongest interpretation of the commenter's argument, not the weakest.

Oh, this doesn't happen at all times on all subjects. There are a few more or less Nazi-adjacent topics where it's gonna happen. Could be worse, on Reddit it happens in a coordinated fashion, here it's a bit more organic.

You are invoking exploitable core tenets. If one is arguing in bad faith the FIRST thing you'll do is invoke free speech, invoke the principle of charity, call for the strongest possible interpretation and insist that good faith MUST be assumed.

For instance: I neither said nor meant that 'everybody' who supports free speech was doing this. That's half the trouble: it's protective coloration among people who are acting in earnest. I'm stating unequivocally that SOME folks in this camp are acting in bad faith: not just hypocrisy, but pursuing calculated behaviors akin to people coaching their peers to 'not reveal their power level' so as to better influence the communities they're operating on.

I don't know how many of 'em there are, but I find it a catastrophic failure of a community's intentions to assume charity. It's nothing more than an exploit, and there are some topics, political topics, that bring this out.

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#345

Earlier quoted context omitted.

By choosing to "exist with your rights intact" you're choosing both, so you haven't answered the question. Which would you prefer if you could only have one: Life, or Freedom of Speech? Could you explain to me how you'd exercise freedom of speech, while dead?

Both or none. Death. Are you being pedantic to win an internet debate or really trying to understand other perspectives? Edit: The thing you keep missing though is that one cannot choose. I have the right by default. I can choose not to exercise my rights, but by living I have the right to speech.

If by living, you have the right, then you don't need to fight for it. You already have it.

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#346

Free speech is table stakes for a free society. Those claiming otherwise are playing with fire.

Let's substitute into your sentence, a statement I feel is equivalent (please let me know if you think it's an unfair characterization): "Any government regulation of speech or published material is destructive to free society." Hopefully you immediately think of exceptions: illicit pornography, fire in a theater, ingredient labels/active ingredient listings, directly false marketing, misrepresenting contracts, direc…

Let's dissect this post:

> "Any government regulation of speech or published material is destructive to free society."

Things go off the rails right off the bat by conflating the First Amendment with freedom of speech, which almost always bodes ill for the remainder of the arguments presented. Anyway, the 1st Amendment is a subset of the general principle of freedom of speech that happens to bind the government. The formulation in Article 19 of the United Nations Declaration of Human Rights is a bit clearer about what freedom of speech is:

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers"

This encompasses individuals, organizations, businesses, and, yes, governments. This is why the deplatforming of Parler (which in some sense was a happy thing) is still a freedom of speech issue despite not being a First Amendment issue or illegal; third parties stepped in to interfere with those who wanted to impart legal (albeit deplorable) speech and those who wanted to receive legal (ditto) speech. What can be done to one set of people can be done to any other, bad or good, and that's a hazard.

> "Hopefully you immediately think of exceptions..."

Sets up the unfortunately all too common "speech that causes clear and immediate harm is illegal so you don't _actually_ believe in freedom of speech" argument which, much like attacking a point nobody was trying to defend, is neither interesting nor persuasive. Such speech is seldom the core issue of the controversial freedom of speech cases we're discussing in the first place. For example, neither the ACLU's Skokie or even Charlottesville freedom of speech cases had known expectation of immediate harm to others, despite the odious nature of who they were defending.

> "The grey area is why people who are knowledgeable are unsure and people who know nothing are confident. One sees complexities, the other is blind to them."

A pleasant appeal to HN's collective intellectual vanity. Let's see where it takes us.

> "Every person on the planet being able to publish a message that can be read by every human (twitter) is something the human race has never had to face before. Facebook can choose to promote hateful speech with algorithms and incite hatred through doing so, gaining them engagement (addiction) in the process. Is that healthy for society? Is fox news healthy? On the other side is CNN (fake news?) healthy? Should China/Russia be able to purchase American airtime? Should American celebrities and businesses be protected from having their speech coerced by foreign powers?"

Let's substitute for your final paragraphs, a statement I feel is equivalent (please let me know if you think it's an unfair characterization):

"The knowledgeable know better than the ignorant so it's justifiable for the knowledgeable to protect them from themselves by limiting fake news/hateful speech from what they see, with the understanding that what constitutes fake news/hateful speech is decided on by the knowledgeable."

While seductive to a certain type of mindset, the paternalistic and ripe for abuse nature of this idea should be self-evident. It is the progressive equivalent of Kipling's (deeply racist and colonialist) "The White Man's Burden", only here the it is the progressive who are being exhorted to bring enlightenment to the benighted ignorant.

But let's go further and suppose that it were justified somehow, we'd still be faced with the problem that we not know the truth now and, even worse, we don't know what the future will determine the truth to be. Permitting suppression of "hateful speech" would have suppressed the civil rights movement (immensely unpopular in its time), LGBT rights movement (same), and other social movements now deemed important steps in improving human civil rights.

So, in the end, there is nothing new, insightful, nor persuasive to be found here.

(I await the inevitable reply where I'm accused of being a conservative.)

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#347

Earlier quoted context omitted.

Ironic that there are so many deleted comments on a post about free speech

Not at all: functionally, there's a meta-gaming thing that goes on where 'free speech' is treated as sort of antifa Kryptonite. It's not being argued in good faith at all. It's a tactic. You'll find that the same people making a big noise about 'free speech' will do everything they possibly can to suppress and conceal the speech of those who are calling 'em out for arguing in bad faith… because they are arguing in ba…

While there is a component of free speech advocates who are doing so because of partisan interests, there is another component who are sincere. (The way to tell is to ask whether they would accept censorship of their ideological foes.)

> where 'free speech' is treated as sort of antifa Kryptonite

I'm a bit confused by this. Whether or not free speech is repelent/harmful to antifa isn't an argument against free speech. If free speech harms a movement, then so be it. If it allows a movement to prosper, then so be it.

On the object level, I've seen a lot of allegations that antifa attack people who film them (and one of their movement sucker punched a journalist on air.) This gave me the impression that antifa is at least as interested in controlling speech as their opposition.

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#348
post #300

Earlier quoted context omitted.

America is a weird outlier in lifting worship of freedom of speech far far beyond where other rich, free countries do, so that’s not all that surprising.

It is bizzare to advocate for fewer rights.

Increased rights have consequences. Decreased rights have consequences. There are limits on rights everywhere, even the US. I think it's quite rational for people to favour one or another system or limitation.

The first amendment in America protects speech (etc), while freedom of expression in Canada has stricter limits on speech w.r.t. hate speech. I'd argue that Canada's limits are more reasonable. I also accept that rational people could argue the opposite. I trust in the democratic process to deal with these issues.

The limitations on hate speech are something I agree with strongly, and would vote against someone wanting to reduce them. So I guess you'd find my position bizarre.

Re: Once a bastion of free speech, the ACLU faces an identity crisis

#349

Earlier quoted context omitted.

Sometimes rights conflict with one another.

Which civil right is diminished by someone's offensive speech?

The article uses charlottesville as an example where their actions to guarantee free speech ended up inciting violence and got someone killed. But that's always been the line right and hindsight is 20/20
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