• HelixDab2@lemm.ee
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    1 day 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.

    • GreenKnight23@lemmy.world
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      1 day ago

      I’ll defend the right for anyone to speak their mind, but I’ll allow the masses to take their pound of flesh when their mind is filled with hate and bile.

      just because you can speak your mind doesn’t absolve you of the consequences of doing so.

      • kodomo@lemm.ee
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        7 minutes ago

        I’ll defend the right for anyone to speak their mind, but I’ll allow the masses to take their pound of flesh

        This is a contradiction. Something isn’t a right if you allow open season for others to actively target and suppress.

        Otherwise, Stalinism is also technically “free speech”: you can say whatever you want, but there will be consequences.

        Be clear about what you mean.

    • RememberTheApollo_@lemmy.world
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      1 day 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.

      • lmmarsano@lemmynsfw.com
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        6 hours 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.

        • RememberTheApollo_@lemmy.world
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          5 hours 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@lemmynsfw.com
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            22 minutes 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.

            • RememberTheApollo_@lemmy.world
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              12 minutes 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?

      • HelixDab2@lemm.ee
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        7 hours 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.

        • RememberTheApollo_@lemmy.world
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          5 hours 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.

    • Mr_Blott@feddit.uk
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      1 day ago

      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

      • HelixDab2@lemm.ee
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        7 hours 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.

      • Rivalarrival@lemmy.today
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        1 day ago

        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.

          • Rivalarrival@lemmy.today
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            12 minutes ago

            IMO, if our government was legitimate and uncorrupt,

            History has demonstrated that such a government can never be guaranteed. Germany had it right when they banned Nazi speech? They banned other types of “hate” speech not all that much earlier. Nobody knows what kind of “hate” speech they will be trying to ban tomorrow, or a decade from now. All we do know is that the people will broadly support it, just as they do now, just as they did a hundred years ago.

            I’m going to repeat this again: Even though they are spoken, threats are not a form of speech. Threats are “violence” and “censorship” is not the appropriate remedy for violence. People who issue threats should be prosecuted, not silenced.

            The government should not be allowed to shortcut the criminal process and merely prevent such violent people from being able to discuss their violent intentions in public. They should either be prosecuted for the violence they are committing, or their speech ignored. There is no scenario where they should be silenced without being prosecuted.

            • Queen HawlSera@lemm.ee
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              15 hours ago

              There’s also the fact that Germany’s Nazi Speech ban is heavily criticized for not taking context into considerations, with various media getting on a blacklist solely for having a swastika, even if it was meant to be educational or shown as a demonstrably bad thing.

              This is why so many WW2 games avoid showing the Nazi Flag, even if re-releases of games that previously did, because Germany won’t hear of it.

      • RememberTheApollo_@lemmy.world
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        1 day ago

        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.

        • Mr_Blott@feddit.uk
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          1 day ago

          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

            • Mr_Blott@feddit.uk
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              15 hours ago

              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

              • Flying Squid@lemmy.world
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                11 hours 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.

      • HelixDab2@lemm.ee
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        6 hours 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.

      • Shardikprime@lemmy.world
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        1 day ago

        Automatic sentient guns, that’s what kills people.

        Oh and people who happen to use guns to kill others

        • Lumisal@lemmy.world
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          23 hours 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.