this post was submitted on 19 Jan 2025
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"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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[–] HelixDab2@lemm.ee 37 points 1 year ago (4 children)

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.

[–] Mr_Blott@feddit.uk 34 points 1 year ago (4 children)

It's your inability to differentiate between political speech and hate speech that's the problem

In modern societies, we're happy with the government banning the latter and not the former

In undeveloped countries like the US, their toddler-level reading skills prevent them from knowing which one's which

[–] Rivalarrival@lemmy.today 7 points 1 year ago* (last edited 1 year ago) (1 children)

Government censorship isn't just a ban on speech currently deemed to be hateful. It is also an endorsement of speech they currently believe to be political.

The problem should be wildly apparent when we realize that governments around the world have a long and colorful history of making "political speech" that is only later determined to be hateful.

Even "Good" presidents in our recent past have held positions that, in hindsight, are dehumanizing, abhorrent and vile. Our entire "Don't Ask, Don't Tell" policy for example.

Our incoming president has indicated his intention to treat immigrants as enemy combatants. He plans to deport adults who were born and have lived their entire lives in the US if he determines their parents did not adequately prove their legal presence. He has determined that this racist position is "political speech".

Government has no fucking business deciding what is and is not protected speech.

One important caveat: there is a difference between "speech" and "violence". Threats may be spoken, but threats are not speech. Threats should be criminally prosecuted, not arbitrarily censored by the government.

[–] just_ducky_in_NH@lemmy.world 6 points 1 year ago

As a US citizen, I wish I could upvote you more.

[–] HelixDab2@lemm.ee 4 points 1 year ago

There is no 'hate speech' exception to the 1st amendment of the US constitution. That's a well-established legal precedent that no succeeding court has been willing to overturn.

If you decided to make hateful speech illegal, then it would be perfectly reasonable for Christians to claim that my advocacy for my religion--Satanism--was hate speech.

[–] RememberTheApollo_@lemmy.world 3 points 1 year ago (2 children)

Political speech can involve hate.

Political disagreement, or any other disagreement that does not involve hate and harm should not be in question.

You’re welcome to hate Biden or Trump. You’re not welcome to threaten to kill your political opponent’s supporters.

[–] CorvidCawder@sh.itjust.works 1 points 1 year ago (1 children)

Hate speech is not "saying that you hate something"...

That’s not what I said.

[–] Mr_Blott@feddit.uk -4 points 1 year ago (2 children)

Political speech can involve hate.

Not in a modern society

Political disagreement, or any other disagreement that does not involve hate and harm should not be in question.

It never has been

You’re welcome to hate Biden or Trump.

I make a point of not hating anyone too old to control their bladder

You’re not welcome to threaten to kill your political opponent’s supporters.

Yes, that's the idea

I've not got a clue what point you're making

[–] FlyingSquid@lemmy.world 6 points 1 year ago (1 children)

Political speech can involve hate.

Not in a modern society

[–] Mr_Blott@feddit.uk 5 points 1 year ago (1 children)

You cited an example from a society that thinks handguns are a right yet doesn't fight for basic human rights like healthcare

That's absolutely not a modern society

[–] FlyingSquid@lemmy.world 2 points 1 year ago* (last edited 1 year ago)

Ok. What society do you consider modern? France? Germany? Sweden? Finland? I can show a politician saying something just as horrible. Maybe not the one in high office, but elected politicians. I sure can't think of a nation that doesn't have at least a handful of racist assholes that get elected by being racist assholes.

Suggesting there is no hate in politics is just naïve. There is no place on this planet free of bigotry and free of people willing to have bigots make decisions for them.

Seems like you got the idea.

[–] RememberTheApollo_@lemmy.world 27 points 1 year ago* (last edited 1 year ago) (2 children)

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.

[–] lmmarsano@lemmynsfw.com 2 points 1 year ago (1 children)

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.

[–] RememberTheApollo_@lemmy.world 4 points 1 year ago* (last edited 1 year ago) (1 children)

"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@lemmynsfw.com 1 points 1 year ago (1 children)

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.

[–] RememberTheApollo_@lemmy.world 1 points 1 year ago (1 children)

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@lemmynsfw.com 0 points 1 year ago (1 children)

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.

[–] RememberTheApollo_@lemmy.world 1 points 1 year ago* (last edited 1 year ago) (1 children)

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@lemmynsfw.com 1 points 1 year ago* (last edited 1 year 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.

[–] HelixDab2@lemm.ee 0 points 1 year ago (1 children)

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.

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.