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

nytimes.com

431–440 of 550 posts

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

#431
post #407

Earlier quoted context omitted.

I can perceive a death without being told about it.

The deaths we see directly are overwhelmingly outnumbered by those we learn about second-hand.

> Without free speech, I can be killed, and you'll never know it happened. Even if I in theory had a right to life.

> In that sense all other rights depend of free speech.

That's not true.

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

#432
post #377

Earlier quoted context omitted.

Boohoo muh NYPD police can Tell me, when is property destruction justified, and when is it not? The USA was founded on the basis of property destruction; was that unjustified? When do you go from “freedom fighter” to terrorist?

Let me make it easy for you: if you throw a firebomb at the cop car, it's not justified.

https://en.wikipedia.org/wiki/Tiananmen_square_massacre

https://en.wikipedia.org/wiki/Euromaidan

https://en.wikipedia.org/wiki/Tulsa_race_massacre

https://en.wikipedia.org/wiki/Kristallnacht

https://en.wikipedia.org/wiki/Battle_of_Blair_Mountain

https://en.wikipedia.org/wiki/Boston_Massacre

I really don't think it's quite so cut and dried.

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

#433
post #386

Earlier quoted context omitted.

Would that have been equally true in late-1930s Germany (or Russia, for that matter)?

Call me from late 1930s Germany and we'll discuss it.

Take it as presumed that a questioner has a direct link to the side of the state or the opposition, or both, of 1930s Germany, and answer the question rather than dodge it.

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

#434

Earlier quoted context omitted.

The term "well regulated" in the second amendment means something like "in good working order". (Compare the sense of the word "order" as "command", which is a similar development.) This is very clear if you read the contemporaneous discussion, which often substitutes synonyms. The idea is that you can call for a force from the militia and they will show up, already possessing weapons that they already know how to us…

> The term "well regulated" in the second amendment means something like "in good working order". I'm sorry, but this is just laughable on the face of it. You see, I'm French (as hinted by the mis-autocorrect of "too"), and "regulated" (well, "régulé") means the same in contemporary French as in contemporary English. And the meaning comes straight from Latin (regula: rule, law), probably by way of 1066 like most lega…

What do you think you're saying? The fact that a word has the same meaning in contemporary French that it does in contemporary English is not relevant to whether it had another meaning in the English of three hundred years ago.

> I can't fail to notice you don't provide any proof for this improbable claim.

> Another unsubstantiated claim, and just as improbable on the face of it.

I'm not responsible for the failures of your knowledge. These claims are both quite obvious, if -- as I specified above -- you take the time to read the things that this set of people said and wrote at the time.

Here's a letter from George Washington in which he contrasts an "irregular and disjointed militia" with a "well regulated militia": https://founders.archives.gov/documents/Washington/03-08-02-...

> The irregular and disjointed State of the Militia of this province, makes it necessary for me to inform you, that unless a Law is passed by your Legislature to reduce them to some order, and oblige them to turn out in a different Manner from what they have hitherto done, we shall bring very few into the Feild, and even those few, will render little or no Service.

> your first object should be a well regulated Militia Law. The people, put under good Officers, would behave in quite another manner, and not only render real Service as Soldiers, but would protect, instead of distressing the Inhabitants.

Here's a speech by George Clinton from 1798, in which, instead of referring to a "well regulated militia", he refers to a "well organized militia": https://quod.lib.umich.edu/e/evans/N25292.0001.001/1:2?rgn=d...

> The means of national defence should rest in the body of the people. A well organized militia is the only safe bulwark of a free people, competent on all occasions to repel invasion and suppress insurrection. Standing armies are not only expensive but dangerous to the liberties of the state. In republics every citizen should be a soldier.

Note that this is not at all an unexpected meaning for the word "regulated" to have. "Regulation" as in command is related to "rule" as in rulership. "Regulation" as in correct operation is related to "rule" as in the straight line drawn by a... "ruler".

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

#435
post #271

Earlier quoted context omitted.

Well, they want punitive action against anyone doing the entirely legal, and correct thing by representing him, so they didn't want him having a fair day in court... Again, laws don't matter... the truth doesn't matter, have a trial of public option, and even make it hard to have his side heard. After all, they didn't want him to have a fair defense? Canadians pay too much attention to US politics. We're not perfect,…

So I looked up San Diego, not quite as big, but close in a liberal leaning state. Health and humans services get $2.7b vs $2.2b for public safety on a $7b total budget. https://www.sandiegocounty.gov/content/sdc/openbudget.html A smaller county I’m from in California the social services agency is about double the sheriffs dept.

It seems to me like that's reasonable? Maybe California handles it better than some places/states?

I wonder if the ability to seize and sell assets, plus hand-me-downs of ex-military equipment shift those numbers, compared to a Canadian city?

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

#436
post #22

I like this idea: https://twitter.com/kittypurrzog/status/1401610476237197312 The ACLU should split into two groups: ACLU Sr, which fights for free speech rights, and ACLU Jr, which fights against them (Yes, I saw this when PG retweeted it.)

The article seems to be mostly grasping at straws and doesn't support the notion that the ACLU is against free speech. Articles that primarily reference tweets shouldn't be taken seriously. It's not like the ACLU has never experienced such internal debates over the proper course of action. If the ACLU stops defending the 1st amendment I would consider that a major loss, but that doesn't seem to be the case at all, opinions of individual members in a few scattered instances notwithstanding.

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

#437
post #361

Earlier quoted context omitted.

It's evidence of a fundamental misunderstanding of what free speech is and why it's important at the highest levels. Free speech is the right to say things that others find offensive. If being offended is enough of an excuse to silence others, then anyone, at any time, can silence anyone else with impunity. If this power is only given to marginalised groups, then it becomes a matter of who defines marginalisation and…

I happen to favor the old interpretation of free speech, but I think there's a strong argument that the traditional approach of defending all free speech facilitates a system where black people and others have been denied their rights for generations, and that we must act now to ensure their rights - that waiting any more is criminal.

I find it very easy to ignore the distinction between defending one's speech, and defending one's freedom-of-speech. ACLU's historical defense of freedom-of-speech is now regarded, very regrettably, as defense of the particular utterances being facilitated under that freedom.

It's not unambiguously true that freedom-of-speech itself is substantially responsible for anyone's loss of other rights. We can't even have a public conversation about this without freedom-of-speech, where all relevant ideas and evidence can be openly evaluated, unless there is essentially no gatekeeper (committee, policy, "filter", etc.) deciding on what is relevant or permissible speech. We will only have biased answers if we bias the discussion.

Further, even mere perception about the bias in the discussion (caused by censorship etc.) causes some people to disengage from the discussion altogether, and facilitates the "silo-ing" of groups of people who have little contact with each other. That is not a recipe for a functioning pluralistic society, and ultimately for peace itself.

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

#438

Earlier quoted context omitted.

> The ACLU exists to defend civil rights regardless of how those rights might be used. They do not (or at least did not previously) exist in order to further a political agenda. Again, what if a party or politician is a significant threat to civil rights, and necessary to the defense of those rights is the defeat of that party? I think the ACLU would be abandoning its duties if they stood helpless on principle. Proba…

No. Such considerations are out of scope when defending against infringement of civil liberties. Limits and exceptions are defined by law; the courts can and do enforce them. The ACLU did not previously, and should not going forward, make value judgments about a defendant when deciding whether or not to take a case. Such value judgments run directly counter to the notion of equal rights under the law which is what th…

Nicely put, thanks!

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

#439

Earlier quoted context omitted.

The issue is who gets to define 'hate' or any other limited category of speech. You might feel that Canada's limits are benevolent, but the existence of such laws codifies the avenue of their corruption. The risk is that such limits grow more and more restrictive until disagreement is unacceptable. Personally, I'll continue to defend the US model. Speech should have no legal limits, but that doesn't meant it doesn't…

> I'll continue to defend the US model. Speech should have no legal limits And honestly this is the weirdest fucking thing: there’s _plenty_ of legal limits to free speech in the US, and yet there’s this loud section of Americans who believe the particular lines drawn in the US were etched in stone or something.

I don't think there should be any limitation on the right to freedom-of-speech except that strictly necessary to be compatible with other natural rights, like the right to your life. The classic ban on shouting "Fire!" in a crowded movie theater can be justified entirely on this ground, because that utterance may cause people to be trampled when people panic. It is not clear that libel laws can be defended on similar grounds, or such grounds at the very least would severely limit the reach of libel laws.

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

#440
post #439

Earlier quoted context omitted.

> I'll continue to defend the US model. Speech should have no legal limits And honestly this is the weirdest fucking thing: there’s _plenty_ of legal limits to free speech in the US, and yet there’s this loud section of Americans who believe the particular lines drawn in the US were etched in stone or something.

I don't think there should be any limitation on the right to freedom-of-speech except that strictly necessary to be compatible with other natural rights, like the right to your life. The classic ban on shouting "Fire!" in a crowded movie theater can be justified entirely on this ground, because that utterance may cause people to be trampled when people panic. It is not clear that libel laws can be defended on similar…

> except that strictly necessary to be compatible with other natural rights

Sure, and that’s exactly the basis for it in most rich free countries. You’ll find some social and historic wrinkles, but there’s very little you can’t say in Canada that you can say in America.

The Canadians don’t make a whole dog and pony show over MY FREE SPEECH RIGHTS though, which is why Canadian politics is a little less completely beholden to special interests, why hate speech is illegal there, and why you don’t get direct-to-consumer pharma advertising there.

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