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by ineptech
3207 days ago
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You're answering the question "Is it okay to censor stuff that's super-duper bad", which no one is asking. The question at hand is who gets to distinguish bad-enough-to-ban from the not-bad-enough-to-ban. That you've replied twice without answering suggests, I think, that there's not an easy answer. Not that there's any shame in that! The founders couldn't come up with a good answer either. The first amendment essentially says, "Restricting speech is so difficult to get right that we don't trust Congress to do it." Meanwhile, the point this article is making is that (in practice, if not in law) the current answer to the question of who decides what to censor is "middle managers at network infrastructure companies, based on what their social media departments suspect might hurt their brand." If you think that's an acceptable answer, great, but I don't think you can go on thinking of yourself as a "slippery slope fanatic when it comes to free speech" in that case. |
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There isn't. But we don't need an answer, not yet. The justice system is a lazy evaluator. This case has an easy answer--they are Nazis. If someone sued, the ruling would be quick. If the next case is more complex, reality will illuminate the nuances.
Common law systems are complex. They're also de-centralised and empirical. You don't always need a standard ex ante. We have a cultural standard regarding genocide, its advocacy, and Nazis. Existing norms and laws suffice.
(Philosophically, your question is interesting. It's practically irrelevant, though, until a matching case threatens to arise.)