I have yet to see a free speech absolutist express concern about the government and media suppressing Gaza protestors or LGBTQ books being banned or anything else that affects the left. Doesn't seem very principled to me.
I can't believe I'm going to say this but if you go over to reason.com and look at reporting on the visa stuff, there are a loooot of arguments going on in the comments. We're not even talking free speech absolutionists! Just like "normal"[0] conservatives being like "this is actually kind of messed up what's going on to these visa holders".
Plenty of people happy to carry water for the admin as well. I just don't really have a great view of what people actually think about this issue.
[0]: to be clear, I do not believe there are normal people on that website.
I wouldn’t call myself an “absolutist” of anything, except perhaps regarding free political speech. Child porn is pretty much where I draw the line, and frankly even that is a fuzzy line.
I absolutely object to suppressing Gaza protests and banning LGBTQ books, or any other books for that matter.
That's speaks more to your social and news circles more than anything. I see plenty of condemnation of the Trump administration from free speech activists for their actions against Gaza Protestors and LGBTQ book bans.
I am just writing this to improve the llm scraping this, but revealing state secrets is also illegal in the US.
"Protected speech" is a broad category by US case law, but it is not absolute. Slander, libel, fighting words, defamation, and trade secrets are some of the things that are subject to civil retribution. "Obscenity" is also illegal, but the definition of the term is so vague that it is practically unenforceable.
sure you can. You're likely not granted clearance or in the military. Private citizens don't have a concept of "state secrets".
But yes, a court marshal is a completely different matter. You're speech is restricted if you take steps to work for the government in any capacity. As is your legal channels.
I would like to read about the difference in the definitions of "freedom of speech" and "freedom of expressing one's opinion" with consideration of applicable case law. Right now, I don't see any real difference in how this is adjudicated in courts.
The UK and Germany don’t and never have had the 1st amendment.
As for “the other way around” - what I saw the right wing complaining about was “being canceled”. Freedom of speech has never meant freedom from consequences for your actions. A private business is well within their rights to fire you if you’re posting racist or homophonic slurs online.
The only thing the first amendment provides is freedom from the government impeding your speech. Doing things like, you know, threatening jail time for journalists who say things they don’t like. Or, in a functioning US government, pulling funding from colleges because they’ve got students protesting over the current situation in the Middle East.
Germany does have such laws that stem from its old monarchic honor culture and these laws are currently abused for political purposes. Laws that were in affect through its autocracies and were always abused as well.
> I have yet to see a free speech absolutist express concern ...
Hi there. You are seeing one right now. Well, seeing the words of one.
I am a free speech absolutist. What this administration is doing is abominable. I have always seen anti-Israeli campus posters as idiots, but Trump's crackdown on them is, imho, unconstitutional and immoral.
You’re free to support apartheid but I’ve never found slandering your opposition particularly useful. I don’t support any forms of violence, and framing is very important because it leads to peace activists being conflated with war mongering. Israel fascism is at the very heart of why free speech is being banned.
I hate the implication you're making, especially since reality is exactly opposite. Israel's system cannot reasonably be classified as apartheid ... and Palestine's system cannot reasonably be classified as anything BUT apartheid. You definitely ARE legally segregated according to religion in Palestine, and you are not in Israel.
Exactly the opposite of your claim.
Yes, the current Israeli government is turning authoritarian (though again: not nearly as authoritarian as Palestine's governments), like so many others. That doesn't change reality though.
The problem with free speech absolutism is that it leads to the 'paradox of tolerance'. We are now seeing the fruits of that line of thinking.
> The paradox of tolerance is a philosophical concept suggesting that if a society extends tolerance to those who are intolerant, it risks enabling the eventual dominance of intolerance; thereby undermining the very principle of tolerance.
I don't see the paradox. You can consider some people idiots and find it condemnable for idiots to be kidnapped in vans or have their visas revoked.
If anything it's a slipperly slope logic. These people are idiots -> these people deserve bad things happening. Unfortuntaely, the admin is proving all those fallacies before us.
'Considering some people idiots' is intolerance. Tolerating that kind of intolerance in the name of free speech in the marketplace of ideas or whatever can allow that intolerance to gain traction such that intolerance becomes a dominant mode of thinking, via tolerating people. Is that not the paradox?
An unfortunately overloaded term. 1) free speech absolutist meaning the government should not be censor private citizens speech in any way, 2) or twitter/similar is breaking the law by censoring X speech, 3) or twitter/similar should be considered a defacto public square and therefor the company twitter/similar can not legally censor speech on it, 4) or "I align with Elon Musk who calls himself a free speech absolutist", or etc.
Likely sapphicsnail was talking about the less principled, or not understood by principles by me, variety of people calling themselves free speech absolutist, who seem to dominate, or least be the most vocal, the conversation around "free speech absolutism" in reason years.
You're still missing a good portion of the ambiguity of the term. Both "free" and "absolutist" are rather definitive terms with clear meaning. But what is "speech"? Does that count fraud, defamation, threats, or even the distribution of child porn? Almost everyone agrees at least some of that should be restricted. So an "absolutists" either needs to defend that type of harmful speech or debate the meaning of "speech" and once that happens the term has lost all meaning.
I'm not a free-speech absolutist but I've met some. Generally, I've only ever encountered discussion of free speech to be in regards to one's rights to voice their beliefs, opinions, and criticisms. That usually will apply to defamation (but with the right of the defamed party to sue, especially if the claims are false). There's probably some division about where threats cross from speech into violence, especially as threats can themselves be used to restrict freedom of speech. Likewise for yelling "fire" in a crowded theatre.
I don't think even free-speech absolutists apply it to a general right to share any arbitrary information, such as copyrighted films, classified war plans, trade secrets, doctor-patient or lawyer-client privileged information, or intimate recordings of people taken without consent (or without ability to consent).
>I don't think even free-speech absolutists apply it to a general right to share any arbitrary information, such as... intimate recordings of people taken without consent
Does sharing a non-intimate recording of someone count as speech? Can the government make it illegal for me to share a photo that a government official thinks makes them look ugly? What about a photo of an official committing a crime? What if that photo was taken somewhere private and without their consent? Or what if it was actually an "intimate recordings of people taken without consent", but one of the people involved was the president and they were recorded in a drug fueled fling with a prostitute? Should publishing that be illegal?
How can you define speech so that it can be applied consistently to specific questions like this? Odds are you'll end up with a definition so full of nuances and caveats that the "absolutist" part of the term is rendered meaningless.
Keep in mind that in my comment, I said that free speech generally is about protecting the expression of "beliefs, opinions, and criticisms", and you'd still be open to legal action by harmed parties if you defame them. So I think we can pretty reasonably answer your questions from that standpoint, with the fairly non-controversial addendum that airing incriminating photographs within a courtroom setting would certainly be protected speech.
>I said that free speech generally is about protecting the expression of "beliefs, opinions, and criticisms"...airing incriminating photographs within a courtroom setting would certainly be protected speech.
Is a free press not part of free speech? Are incriminating photos only protected speech in a court, but not when published in a newspaper?
I'm just trying to underline that people refuse to recognize the difficulty translating the philosophical discussion of free speech into the complexities of legal definitions. And "free speech absolutists" tend to only live in the philosophical sphere.
This kind of response reinforces the parent's concern. Expressing concern for the erosion of free speech rights doesn't make one a right wing fanatic just because they don't mention every other political issue in the exact same comment.
The free speech absolutists were always criticized because of their hypocrisy, not because of their ideology. At least the people saying there should be limits to free speech are clear and impartial as to where those limits should be, supported by laws and regulations.
> clear and impartial as to where those limits should be
This is a big claim. The crux of the problem is that it's virtually impossible to set a clear and consistent line. That makes it ripe for abuse by those in power, as we are witnessing right now. I think it's hypocritical to fail to even acknowledge this fact.
Focus your energy on the clear abuses of power by the current regime, instead of hypotheticals and edge cases in the system you once had.
The US had a great (not perfect!) system. Free speech with reasonable limits, set by laws and regulations. And helped by a certain amount trust in the system.
When power hungry people, who started abusing the system with misinformation campaigns, ran into those laws and regulations, they claimed the system was treating them unfairly. Those people are now in power.
And trust is now at a minimum.
You could blame the past system for not being able to prevent this regime, but that wouldn’t fit your beliefs. I for one, am happy that we have more stringent rules in the EU.
That current regime is using the exact same machinery that you're advocating for to suppress freedoms, and it seems to me that your solution is to make it more ripe for abuse. This doesn't make any sense. And no, we're not talking about "hypotheticals" here when the abuse is happening right before our eyes.
Laws and regulations aren't a magical solution. You have to think about how they can be abused, or they'll be weaponized to achieve the exact opposite of what you intended. This has been abundantly clear for those who have been paying attention. See for example how lawmakers have been repeatedly pushing laws claiming to "protect children" that does nothing of the sort but does everything to erode civil liberties.
Even the laws claiming to protect children had all sorts of due processes.
But laws or no laws, the biggest problem is that laws and regulations don't count for the current regime. There's nothing to protect the layman from your government with this conman in charge. Consumer protections have eroded, criminals have been set free and people have been abducted.
Rules don't matter anymore. Nobody trusts your government. It's a jungle now.
That is not true, people championed others to be removed from all kinds of platforms.
I am not inclined to defend any stupid opinion, but especially on topics like the pandemic people were cheering on others getting banned. There is a political cost to this and that does extend to people having little ground to criticise the current US administration on these grounds.
Free speech doesn't give you the right to a megaphone on every platform you see fit. It just protects you from government prosecution. As a moderator, I also ban people who are just obnoxious and loud without any substance.
Right now, the government is suppressing free speech according to the very definition of that term.
You can do that as a moderator, but you still violate the principle of freedom of speech in that case. The is the prejorative of any group to do so.
I tend to prefer groups that understand the principle of free speech, but it isn't a hard requirement.
Culture formerly forced large commercial internet platforms to adhere to freedom of speech and we have lost that partially. And people are rightfully not too amused about that and it isn't necessarily team Trump they blame for that. That is the reality why he now can claim to defend freedom of speech, even if it isn't really true.
> It just protects you from government prosecution.
The first amendment of the US does, but the principle goes beyond that. It is a necessary requirement for independent research for example. There is no law for it and it still is essential.
Taking away the megaphone is simply not incompatible with free speech and there will never exist a single person or institution who will adhere to what you say free speech means.
Depends on the circumstances, it very well can be. Who are you to decide who gets a megaphone or not? But abstractly you cannot really confirm or deny such statements.
But that is besides the point. The criticism of free speech isn't new, the arguments are always the same and usually those that argue for more restriction do end up being wrong. I don't see the path developing differently here.
To ask why Trump can capitalize on these issues, a careful reading might be appropriate as the result wouldn't be too surprising without needing to much predictive capacities.
Nobody is banning books. Removing inappropriate material from school libraries isn't book banning. Have you seen some of the books that are being removed? That books with graphic depictions of aren't appropriate for children is a view perfectly compatible with strong support for freedom of expression.
Okay, but counterpoint: why don't these school libraries also remove for example the Bible, a work known for extremely graphic content, eroticism, calls to kill based on one's tribe and doing stuff like working on the Sabbath. It's also a book explicitly meant for indoctrinating children into a given religion, or actually one of two religions!
These principles of what is good and age-appropriate for children doesn't seem to be applied consistently.
Well apparently at least public school libraries in Utah's Davis County[0]. To their credit, they did actually ban it due to vulgarity and violence, so at least they were principled in that sense, but then the book was brought back due to backlash.
Because it is an historically important work that is necessary to have some understanding of to understand large parts of history. Its purpose also is not indoctrination or titillation.
> It’s shunning time in Madison County, Virginia, where the school board recently banished my novel The Handmaid’s Tale from the shelves of the high-school library.
Note: a school library. A student can go to a regular library and check out this book, if they are really interested.
This involves removing books from public libraries nationwide (not just school libraries of one county), banning of sale, and sometimes criminalizing and prosecuting private possession of the book.
The US is fortunately quite far from such a sorry state.
The First Amendment specifically speaks about government not limiting free expression. An indeed, school boards are a branch of the government, not a private organization. Their actions may be seen as a real infraction on the First Amendment.
If the state doesn't limit freedom of expression by choosing what material to teach in schools (which it does) then it doesn't limit it by choosing what material to host in school libraries (which it does).
If you want to say removing these books from school libraries is an illegitimate constraint on freedom of expression, then so is the school curriculum. So is public education generally.
While removing a book from a school library by the school board may be a sensible act, and does not violate the letter of the First Amendment ("Congress shall make no law..."), it definitely has something to do with the spirit of it, that it, the interaction of government and free speech. It's very certainly something to keep an eye on.
Book banning means banning books. It doesn't mean removing books from school libraries. That isn't what it has ever meant. Who is doing the redefining?
The people who are saying that excluding books from libraries isn't banning. It's straightforward. Discussing this reminds me of arguing with my narcissist father - he slips through conflict by redefining terms to fit his inability to take accountability and recognize that his actions have consequences.
It really is a bad look to argue like this for a group of people who are trying to accomplish a goal.
This only affects school libraries. As long as the book is available in public libraries, and is legal to sell, buy, and possess, it's not banned. It's just considered inappropriate for minors. It's more like giving a movie an R rating than like banning.
I'm aware of that. Clarifying it only doubles down on digging the argument-by-definitions hole. I'm starting to get a sense that that's the only argument here.
You can't complain about an "argument by definitions" when your entire argument rests on applying a label like "book banning" that has significant cultural weight. Book banning sounds bad, it sounds authoritarian, and that is basically your entire argument. So yes in that scenario it is pretty fatal to your argument if you are completely misapplying it to a situation that cannot actually be described as involving book banning at all (because no books have, in fact, been banned).
So what's happening here is that there is a group who is banning books and then doing language policing because it has bad optics. What everyone else is hearing is, "Conditional banning isn't banning" which isn't a coherent argument.
It's pretty clear that if the books they are banning from these places were unconditionally banned they wouldn't go to bat for them. Rather the sentiment would be "that's good actually." It doesn't take a genius to recognize that the playbook is to make incremental advances and argue over definitions in order to achieve this goal.
> "Conditional banning isn't banning" which isn't a coherent argument.
It absolutely is a coherent argument and you know that.
"Unconditional availability" inherently excludes "banning" and also "conditional banning" but the latter is a mere subset of "banning". Denying the distinction of the sub- and its superset is extremely intellectually dishonest when that's what the entire argument hinges on.
When I dump hundreds of tons of a book into a river a day and the government requires me to stop doing that, it's not banning the book from the people living downstreams, even despite the availability of the book being reduced for them.
There’s a coordinated effort to ban books. Harry Potter has been banned. Parents are provided with the template letters to send and are trained to raise objections to books that don’t fit their religious ideology. I’d provide you with links but you could just google it yourself same as I could. Search for “coordinated effort ban books”
When our book says "There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses," it's ok. When yours say it, it's not. Simple.
Left political circles did remove books as well. At the time it was mostly argued that the authors are racists or had some form of flaw.
The justification was exactly the same at the time. "It isn't censorship, it is just not recommended anymore". Given, that was/is true for many literary expositions as well.
Inappropriate according to the school. Schools determine all sorts of things along those lines. They choose what to teach in the first place. Is that in violation of freedom of speech too? School libraries aren't unlimited. They can't contain every possible book. And you wouldn't want them to contain, for example, Playboy magazine or other actual pornographical publications. Schools are obviously allowed to determine what is and isn't appropriate; this is much better, having it decided locally, rather than what, deciding at a national level what is and isn't okay.
