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submitted 6 months ago by [email protected] to c/[email protected]

https://quoteinvestigator.com/2015/06/01/defend-say/

"I Disapprove of What You Say, But I Will Defend to the Death Your Right to Say It." - Evelyn Beatrice Hall

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[-] [email protected] 53 points 6 months ago

People that are in favor of legal censorship of political speech make the mistake of assuming that the laws will always be applied to censor the speech that they find objectionable or harmful.. As soon as you start allowing the gov't to determine what speech is and is not acceptable, that power will be used to oppress whatever the currently disfavored group is. The words themselves are not the harm; it's the actions that can arise from the words.

[-] [email protected] 31 points 6 months ago* (last edited 6 months ago)

You cannot apply the paradox of tolerance without understanding the outcome. If you tolerate everything, the extreme takes over. You are also making it an either:or choice - don’t censor vs lose control of all free speech.

This is false, and stems from the assumption that there is a victory only one way or the other.

There is no victory in any form of governance seeking to hold a middle ground for any aspect of society. You don’t get to set up some rules, dust off your hands, say “That should do it…” and think you’re done.

It is a constant battle that must be fought every single time an issue becomes a problem. No, not all speech is acceptable. But we should also aggressively protect the speech that is acceptable even if we don’t like it. If we can’t do that, then we’ve lost for different reasons.

[-] [email protected] 2 points 6 months ago

This isn't about the paradox of tolerance; the paradox of tolerance refers to a social contract, not a legal framework.

You have the legal right to spew hate and vicious trash. You do NOT have the right to be free of social opprobrium should you do so. As soon as you start legally limiting speech based on what you think is acceptable, you create a legal framework for other people to do the same.

[-] [email protected] 3 points 6 months ago

Nobody said it was a legal framework. I am applying the paradox to how we should frame it legally.

The rest of your argument was already covered in my post.

[-] lmmarsano 2 points 6 months ago

The paradox of tolerance is a concept, not a unique conclusion. Philosophers drew all kinds of conclusions. I favor John Rawls':

Either way, philosopher John Rawls concludes differently in his 1971 A Theory of Justice, stating that a just society must tolerate the intolerant, for otherwise, the society would then itself be intolerant, and thus unjust. However, Rawls qualifies this assertion, conceding that under extraordinary circumstances, if constitutional safeguards do not suffice to ensure the security of the tolerant and the institutions of liberty, a tolerant society has a reasonable right to self-preservation to act against intolerance if it would limit the liberty of others under a just constitution. Rawls emphasizes that the liberties of the intolerant should be constrained only insofar as they demonstrably affect the liberties of others: "While an intolerant sect does not itself have title to complain of intolerance, its freedom should be restricted only when the tolerant sincerely and with reason believe that their own security and that of the institutions of liberty are in danger."

Sacrificing freedom of speech is unnecessary for self-preservation in extraordinary circumstances as speaking one's mind is not an act that directly & demonstrably harms/threatens security or liberty.

[-] [email protected] 4 points 6 months ago* (last edited 6 months ago)

"While an intolerant sect does not itself have title to complain of intolerance, its freedom should be restricted only when the tolerant sincerely and with reason believe that their own security and that of the institutions of liberty are in danger."

This is the entire thrust of the argument I am making. My position is that you cannot tolerate extremes that pose a legitimate threat as posited by the quote you selected.

You are arguing that freedom of speech should be tolerated as long as possible. I already clearly stated that.

I don’t know why you felt the need to reiterate what I said.

[-] lmmarsano 1 points 6 months ago

Your definitions of unacceptable speech & legitimate threat are unclear, and people nowadays make claims loosely. If it means demonstrable harm, then they're fine & I apologize for the excessive caution.

From context

Rawls emphasizes that the liberties of the intolerant should be constrained only insofar as they demonstrably affect the liberties

and key words

only when the tolerant sincerely and with reason believe

and my direct statement

speaking one’s mind is not an act that directly & demonstrably harms/threatens security or liberty

I'm stating reasons of demonstrable harm are largely absent in speech. Speaking one's mind doesn't cause harm. Harm requires an act.

Tolerance is the allowance of objectionable (expression of) ideas & acts. That objectionable acts directly & demonstrably harm/threaten security or liberty is an easier claim that fits Rawl's conclusion consistently. That speech alone can do so is a more difficult claim: maybe only false warnings or malicious instructions that lead to injuries or loss of rights, coercive threats, or defamation.

[-] [email protected] 1 points 6 months ago

Ah, arguing semantics. Way to waste time.

By your argument people beed to be killed before you lift a finger. Yes? It’s not too late until it’s too late?

[-] lmmarsano 1 points 6 months ago

Complaining about semantics isn't the argument you think it is. Meanings & distinctions matter.

The distinction between definite, demonstrable harm and lack thereof is crucial to justice. If you're willing to undermine rights for expressions that won't actually harm/threaten, then I don't care for your idea of justice & neither should anyone.

By your argument people beed to be killed before you lift a finger. Yes?

No & already answered.

[-] [email protected] 1 points 6 months ago* (last edited 6 months ago)

I disagree with everything you said on the premise that I have already allowed for speech we dislike to be protected, but for some reason you insist that all should should be protected, hypocritically except for the speech that we shouldn’t, which isn’t even a point I defined. You also leave too much room in your “demonstrable” argument failing to define “demonstrable” hence my hyperbolic quip that arguably you’ll wait until people die, which even if hyperbolic is close to the mark: you’ll wait until it’s too late. I’m done here while you argue definitions and we get more trumps and nazis in government. Make sure you lock the door in your ivory tower behind you.

[-] lmmarsano 1 points 6 months ago* (last edited 6 months ago)

I question your reading comprehension. It's much easier to claim something causes harm than to demonstrate it would.

History doesn't support your assumptions: recalling the civil rights & free speech movements in the US, civil rights advanced despite similar free speech constraints I've advocated (eg, clear & present danger or imminent lawless action standard) and despite a harsher environment with Jim Crow laws and white supremacists speaking freely. Civil rights can advance with such narrow restrictions on free speech and have before when circumstances were worse.

[-] [email protected] 2 points 6 months ago

This is like saying guns don't kill people

[-] [email protected] 3 points 6 months ago

Automatic sentient guns, that's what kills people.

Oh and people who happen to use guns to kill others

[-] [email protected] 1 points 6 months ago

Pull a trigger in the air without a gun, and see how many you kill.

The gun is an extension of the user - without the gun, you cannot shoot, just as without a person the gun won't shoot.

Same is the case for words. They didn't come out of the aether into existence, and when spoken carry the will of the speaker inherently.

It's not "just words", it can be malice or hate given form - that is, after all, the point of communication; to give form of what you desire or think to others.

[-] [email protected] 1 points 6 months ago

The tool you use to kill is irrelevant, because the tool has no intent. Mens rea is, with the exception of a very, very few strict liability crimes, a requirement for an action to be criminal. A tool can not have intent.

[-] [email protected] 1 points 6 months ago

Setting aside that the discussion was never a legal one (and either way, what is legal does not mean is moral);

The tool is still very relevant. If you have the intent to kill many but only a stick, you probably won't get as far because sticks are not as dangerous as guns, or even words for that matter, when used.

[-] [email protected] 1 points 6 months ago
[-] [email protected] 1 points 6 months ago

Thanks for the strawman, I see now you're arguing in bad faith (or are one of those Americans hyper focused on guns)

[-] [email protected] 1 points 6 months ago

Oh, look, an ad hominem. Cool.

Firearms are not, themselves, the problem, despite however much people want to treat them as though they are. Likewise, in the UK, kitchen knives and scissors are not the problem, although the gov't treats them as though they are.

Guns, knives, sticks, cars, and yes, even explosives, are tools. If you eliminate the causes that turn people to violence, you eliminate the use of the tools to commit violent acts. But no one is willing to discuss violence as a result of things like economic warfare or systemic racism; they insist that violence exists because the tools used in violent acts exist.

[-] [email protected] 1 points 6 months ago

The discussion was never about the guns, dumdum (this, btw, is an ad hominem)

[-] [email protected] 1 points 6 months ago

This is like saying guns don’t kill people

This you?

[-] [email protected] 1 points 6 months ago

Still missing the point.

The criticism was on your "words don't kill people" part.

Neither guns nor words spawn out of nothing.

this post was submitted on 19 Jan 2025
760 points (100.0% liked)

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