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Topic ClosedFreedom of Speech...should it be above everything?

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JLocke View Drop Down
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Direct Link To This Post Posted: September 15 2010 at 06:30
Originally posted by Dean Dean wrote:

Originally posted by JLocke JLocke wrote:

Originally posted by seventhsojourn seventhsojourn wrote:

Does a life ban seem excessive for sending one abusive email?
 

The kid wasn't just openly, rudely disagreeing with someone. He wasn't even just being mean. He was threatening the President of the United States. Directly threatening violence on a specific individual is very different from making a statement through burning a book or speaking controversially. 

Having said that, since I haven't read the actual letter, there is no way I can make the call. Is it possible the government is overreacting about this? Sure. But we don't know the specifics of what the letter said, so I really can't say if the exile was justified or not. I think arresting him and making him do some time would have probably sufficed, if even that. 
Let's excercise a little perspective here at least.
 
The US government does not tell people they have been banned from the USA.
 
The FBI does not contact the local police force in a Bedfordshire village and tell them what to do.
 
A "drunk and high" 17 yo kid sends an abusive email to who exactly? Anyone here got Barrack's email address? No? No one has.
 
 
 

I'm just playing devil's advocate and saying why I think it would make more sense to freak over this situation in contrast with the other stuff we've talked about. You threaten someone directly, whether the threat reaches their doorstep or not, and you're going to be held accountable for it when presidents and prime ministers are involved.
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Direct Link To This Post Posted: September 15 2010 at 07:23
Originally posted by Dean Dean wrote:

Originally posted by JLocke JLocke wrote:

Originally posted by seventhsojourn seventhsojourn wrote:

Does a life ban seem excessive for sending one abusive email?
 



The kid wasn't just openly, rudely disagreeing with someone. He wasn't even just being mean. He was threatening the President of the United States. Directly threatening violence on a specific individual is very different from making a statement through burning a book or speaking controversially. 


Having said that, since I haven't read the actual letter, there is no way I can make the call. Is it possible the government is overreacting about this? Sure. But we don't know the specifics of what the letter said, so I really can't say if the exile was justified or not. I think arresting him and making him do some time would have probably sufficed, if even that. 

Let's excercise a little perspective here at least.

 

The US government does not tell people they have been banned from the USA.

 

The FBI does not contact the local police force in a Bedfordshire village and tell them what to do.

 


A "drunk and high" 17 yo kid sends an abusive email to who exactly? Anyone here got Barrack's email address? No? No one has.

 

 

 


As far as I know you can e-mail the president through a Whitehouse website, just as you can e-mail David Cameron (thorugh a number of routes) No, no one will actually have the direct e-mail address. The e-mail will be read by admin staff who will route the message accordingly.

I doubt this individual was taken too seriously, but Washington does like to appear to be very firm and uncompromising, when it comes to issues of national security. Ever since they f***ed up so badly in 2001.
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Direct Link To This Post Posted: September 15 2010 at 07:41
On a side note: Freedom of expression is necessary for freedom of religion. For example, if you're a Catholic then you believe in the holy trinity, which in itself is an insult to islam (polytheistic blasphemy). Freedom of religion wouldn't make much sense if religious people wouldn't be permitted to openly discuss their belief, since the content of these discussions could be considered offensive or insulting towards some other religions.

As a humorous example: "He said 'Jehova'!"Big smile
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Direct Link To This Post Posted: September 15 2010 at 07:55
Originally posted by Mr ProgFreak Mr ProgFreak wrote:

On a side note: Freedom of expression is necessary for freedom of religion. For example, if you're a Catholic then you believe in the holy trinity, which in itself is an insult to islam (polytheistic blasphemy). Freedom of religion wouldn't make much sense if religious people wouldn't be permitted to openly discuss their belief, since the content of these discussions could be considered offensive or insulting towards some other religions.

As a humorous example: "He said 'Jehova'!"Big smile


Mike, nothing is an insult 'in itself' without some sort of malicious intent surely?

If an unknown 3rd party heard your discussion and advised you they found the content offensive to their beliefs you would be perfectly entitled to tell them they were out of order

Deliberately talking about your beliefs in front of someone you know doesn't share them just
to antagonise them (is an insult)

Shouting Polytheistic Believers are the dirt between the devil's toes ! (is an insult)


Edited by ExittheLemming - September 15 2010 at 08:02
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Mr ProgFreak View Drop Down
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Direct Link To This Post Posted: September 15 2010 at 08:24
^ Sure. But that puts you in a position where you have to define rules for detecting malicious intent and determining some artifical boundary between inoffensive and offensive. Of course you could come up with examples that in your opinion are either clearly harmless or clearly offensive. But other people may not share your view - for example, Muslims are notorious for being offended when a non-believe even utters the name of their prophet and ommits the obligatory "praise be with him". 
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Direct Link To This Post Posted: September 15 2010 at 08:55

Speech should be free as much as it reasonably can. ("Free" here simply means free of limitation by social authority, I assume)

If the consequences of the speech predictably will do significant harm, then it is reasonable to limit it.
 
That involves a number of judgment calls and who is going to make them? We've set the bar pretty high (in terms of probability of harm) but it is just an arbitrary line.
 
 
You are quite a fine person, and I am very fond of you. But you are only quite a little fellow, in a wide world, after all.
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Equality 7-2521 View Drop Down
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Direct Link To This Post Posted: September 15 2010 at 09:08
Speech can not do harm. People reacting violently to one's speech does harm. The person at fault is the one who reacts violently. 

Why are people willing to build up a causal change with speech when they would clearly not attempt to do so in most circumstances?
"One had to be a Newton to notice that the moon is falling, when everyone sees that it doesn't fall. "
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Direct Link To This Post Posted: September 15 2010 at 09:17
Communication is inherent in our behavior. Our advantage as a species comes from the fact that we can pass information between ourselves and don't individually have to figure it out.
 
Thus the fire analogy. A well timed "Fire!" results in saved lives. Poorly timed can kill. Thus the reasonableness in limiting some speech with clearly high risk/benefit ratios.
You are quite a fine person, and I am very fond of you. But you are only quite a little fellow, in a wide world, after all.
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Direct Link To This Post Posted: September 15 2010 at 09:31
^exactly. 
'Speech' is performing actions. (cf. the 'Theory of Speech Acts' developed by  philosophers J.L. Austin and later John Searle)


Edited by Paravion - September 15 2010 at 09:31
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Direct Link To This Post Posted: September 15 2010 at 09:35
Originally posted by ExittheLemming ExittheLemming wrote:



Deliberately talking about your beliefs in front of someone you know doesn't share them just
to antagonise them (is an insult)



I don't think that Jesus is God. According to you, saying this constitutes an insult whenever I must assume that Christians may be present. The point is that this is my sincere belief, and I want to be able to communicate it. The fact that my belief is contrary to their beliefs and can thereby serve to antagonise them ... frankly, I don't care. In return, they have every right to say that according to their belief, I deserve to be punished (by God) for my belief. I'd rather live in a society where people who hold contrary beliefs are allowed to voice them than in a society which suppresses any opinion because it might be considered offensive by "someone".


Edited by Mr ProgFreak - September 15 2010 at 09:36
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Direct Link To This Post Posted: September 15 2010 at 09:47
Originally posted by Equality 7-2521 Equality 7-2521 wrote:

Speech can not do harm. People reacting violently to one's speech does harm. The person at fault is the one who reacts violently. 

Why are people willing to build up a causal change with speech when they would clearly not attempt to do so in most circumstances?


As far as opinions and beliefs are concerned I think this is certainly true.
However when we enter the realm of conspiracy legislation there have been precedents when the 'speaker' was punished for the violent acts of those reacting to the 'speech'
I'm thinking of Charles Manson here re his conviction for conspiracy to commit the Tate/LaBianca murders carried out by members of the group at his instructions. The prosecution cited the so called 'joint-responsibility' rule to find Manson guilty of crimes the fellow conspirators committed in furtherance of the conspiracy’s aims. Now I admit I have no idea what exactly the 'joint responsibility' ruling consists of so I can't make any argument for this being a flawed prosecution or otherwise.

Where's that legal eagle Ivan when ya need the critter?Confused
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Direct Link To This Post Posted: September 15 2010 at 09:59
Originally posted by Mr ProgFreak Mr ProgFreak wrote:

Originally posted by ExittheLemming ExittheLemming wrote:



Deliberately talking about your beliefs in front of someone you know doesn't share them just
to antagonise them (is an insult)



I don't think that Jesus is God. According to you, saying this constitutes an insult whenever I must assume that Christians may be present. The point is that this is my sincere belief, and I want to be able to communicate it. The fact that my belief is contrary to their beliefs and can thereby serve to antagonise them ... frankly, I don't care. In return, they have every right to say that according to their belief, I deserve to be punished (by God) for my belief. I'd rather live in a society where people who hold contrary beliefs are allowed to voice them than in a society which suppresses any opinion because it might be considered offensive by "someone".


Ok there are some Christians who would be antagonised merely by hearing you voice that opinion within their hearing  (and I agree that is their problem) but your motivation for expressing same would not be the aim of causing them offence. (That would be spiteful or antagonistic irrespective of the sincerity of the opinon expressed) I admit I don't know where the clear boundaries are here but the 'collateral damage' caused by articulating an opinion is not something we should ever feel the need to legislate against.
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Direct Link To This Post Posted: September 15 2010 at 11:04
^ That is your opinion - but what if someone else is more easily offended? As soon as you concede that some statements which you see no problem with might be offensive to "someone", you put yourself on a slippery slope.
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Direct Link To This Post Posted: September 15 2010 at 11:46
When you keep the content of your speech to yourself and your opinion, I find it very difficult to justify any kind of limitations.
 
IMO, when your speech has the intention of bringing about an action, then you have to take some responsibility if that action takes place.
 
 
You are quite a fine person, and I am very fond of you. But you are only quite a little fellow, in a wide world, after all.
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Equality 7-2521 View Drop Down
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Direct Link To This Post Posted: September 15 2010 at 12:45
Originally posted by ExittheLemming ExittheLemming wrote:

Originally posted by Equality 7-2521 Equality 7-2521 wrote:

Speech can not do harm. People reacting violently to one's speech does harm. The person at fault is the one who reacts violently. 

Why are people willing to build up a causal change with speech when they would clearly not attempt to do so in most circumstances?


As far as opinions and beliefs are concerned I think this is certainly true.
However when we enter the realm of conspiracy legislation there have been precedents when the 'speaker' was punished for the violent acts of those reacting to the 'speech'
I'm thinking of Charles Manson here re his conviction for conspiracy to commit the Tate/LaBianca murders carried out by members of the group at his instructions. The prosecution cited the so called 'joint-responsibility' rule to find Manson guilty of crimes the fellow conspirators committed in furtherance of the conspiracy’s aims. Now I admit I have no idea what exactly the 'joint responsibility' ruling consists of so I can't make any argument for this being a flawed prosecution or otherwise.

Where's that legal eagle Ivan when ya need the critter?Confused
 
That was a indictment against Manson for he participation in planning a murder. Not for his speech.
"One had to be a Newton to notice that the moon is falling, when everyone sees that it doesn't fall. "
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Equality 7-2521 View Drop Down
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Direct Link To This Post Posted: September 15 2010 at 12:45
Originally posted by Negoba Negoba wrote:

Speech should be free as much as it reasonably can. ("Free" here simply means free of limitation by social authority, I assume)

If the consequences of the speech predictably will do significant harm, then it is reasonable to limit it.
 
That involves a number of judgment calls and who is going to make them? We've set the bar pretty high (in terms of probability of harm) but it is just an arbitrary line.
 
 
 
I disagree.
 
People shouldn't stampede when they hear the word fire and trample on their fellow man. The horde which tramples the man to death should be punished, not the man yelling fire.


Edited by Equality 7-2521 - September 15 2010 at 12:46
"One had to be a Newton to notice that the moon is falling, when everyone sees that it doesn't fall. "
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Direct Link To This Post Posted: September 15 2010 at 13:07
Originally posted by Trouserpress Trouserpress wrote:

Originally posted by Easy Livin Easy Livin wrote:

It seems to me that those who demand freedom of speech most are those who go out of their way to be nasty at someone else's expense.


This is an enormous and unhelpful generalisation. Are you seriously suggesting organisations like Amnesty International "go out of their way to be nasty at someone else's expense". I doubt it, but that's what your statement implies.

 
I don't believe AA advocate complete freedom of speech regardless of who it offends. They have shown themselves to be an honourable organisation who make their points forcefully but respectfully.
 
There are those though who say that total freedom of speech is a fundamental right, and it is they I am referring to here. Such people use "freedom of speech" as a smoke-screen to hide behind while they deliberately cause offense for their own gratification.
 
I do not seek here to deny someone the right to hold an opinion, what I say is that there is a clear line between stating that opinion in a friendly, constructive way and stating in such a way as to be deliberately offensive. It seems to me that those who demand complete freedom of speech, simply do so for their own selfish ends.
 
I think a lot of people jump on the freedom of speech bandwagon, but in reality the majority of them ultimately agree that there have to be boundaries. The real debate is not really about whether we should have freedom of speech, but about where we should draw the line.
 
The rules of this site could be said to deny our members carte blanche to say whatever they like, and thus deny them complete freedom of speech. While from time to time people will question whether we draw the line in the right place, very few think we should abolish our rules all together.


Edited by Easy Livin - September 15 2010 at 13:09
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Direct Link To This Post Posted: September 15 2010 at 13:15
Originally posted by Easy Livin Easy Livin wrote:


The rules of this site could be said to deny our members carte blanche to say whatever they like, and thus deny them complete freedom of speech. 

As is the right of the forum and site ownership, as this is essentially private property, and if a user doesn't comport with their rules they may be rescinded access to the use of the forum.  I am a member of another (non-music) forum where topics such as these, indeed all political/religious/etc. threads are strictly forbidden.

Different story altogether when one is discussing laws and the power of the state.
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Direct Link To This Post Posted: September 15 2010 at 13:23
Originally posted by Padraic Padraic wrote:

Originally posted by Easy Livin Easy Livin wrote:


The rules of this site could be said to deny our members carte blanche to say whatever they like, and thus deny them complete freedom of speech. 

As is the right of the forum and site ownership, as this is essentially private property, and if a user doesn't comport with their rules they may be rescinded access to the use of the forum.  I am a member of another (non-music) forum where topics such as these, indeed all political/religious/etc. threads are strictly forbidden.

Different story altogether when one is discussing laws and the power of the state.
 
Yeah to saw a forum infringes on your freedom of speech is to say that you not buying me a car infringes on my right to own whatever good I desire.
 
It's an issue of property rights. We're not talking about property rights here.
 
 
"One had to be a Newton to notice that the moon is falling, when everyone sees that it doesn't fall. "
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Direct Link To This Post Posted: September 15 2010 at 13:33
Originally posted by Equality 7-2521 Equality 7-2521 wrote:

Originally posted by Negoba Negoba wrote:

Speech should be free as much as it reasonably can. ("Free" here simply means free of limitation by social authority, I assume)

If the consequences of the speech predictably will do significant harm, then it is reasonable to limit it.
 
That involves a number of judgment calls and who is going to make them? We've set the bar pretty high (in terms of probability of harm) but it is just an arbitrary line.
 
 
 
I disagree.
 
People shouldn't stampede when they hear the word fire and trample on their fellow man. The horde which tramples the man to death should be punished, not the man yelling fire.
 
That's a nice ideal, but when crowds predictably stampede when you yell fire, you have foreknowledge. You chose to take an action you knew would lead to harm to others. The actual participants are responsible as well, but the yeller doesn't get to disconnect himself in that way. No man is an island as they say.
You are quite a fine person, and I am very fond of you. But you are only quite a little fellow, in a wide world, after all.
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