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by Proziam 2173 days ago
> False speech isn't protected.

It is to the extent that it isn't prosecuted as a matter of policy.

> Also, the parent comment made no claim that the statements made were true or false, just that there were accusation

And I'm saying "No, I think we ought to appropriately punish people who do make false claims" in response to the original question Would you like to judge how limited my speech should be?

1 comments

If you want to have a separate conversation on whether false speech is prosecuted in the United States, we can do that. But this isn't really relevant to the discussion at hand, which is how is "cancel culture" at odds with "free speech."

> And I'm saying "No, I think we ought to appropriately punish people who do make false claims" in response to the original question "Would you like to judge how limited my speech should be?"

Okay, but then you aren't disagreeing with me; just posting a tangential point. In the example posted:

> If an unknown woman issues a public twitter statement that she's been abused, is it OK to get the alleged offender cancelled before a court trial?

There's no indication that the claims are false, and if they are false, that the people making the claims aren't punished. All it asks is "is it okay to share information about an accusation, even if you aren't certain it's true?"

> Okay, but then you aren't disagreeing with me

I wasn't trying to disagree with you. I just think the issue is oversimplified into forum sized bites and needs to be approached holistically.

> If you want to have a separate conversation on whether false speech is prosecuted in the United States, we can do that. But this isn't really relevant to the discussion at hand, which is how is "cancel culture" at odds with "free speech."

False speech being 'protected' in the sense that it doesn't result in any harm to person committing the act is, in my opinion, extremely relevant. Free speech isn't free if those who would cause you harm are free to do so at the slightest provocation, and without fear of punishment.

> All it asks is "is it okay to share information about an accusation, even if you aren't certain it's true?"

My answer is "Yes, if you're willing to accept an appropriate punishment for libel/slander/defamation in the event you were wrong." One added thought though, what if the person accused can no longer afford a decent lawyer because they got canceled? That could result in catastrophic harm to an innocent person, just like the [0]4% of death row inmates that are supposedly innocent.

[0] https://www.pnas.org/content/111/20/7230

> Free speech isn't free if those who would cause you harm are free to do so at the slightest provocation, and without fear of punishment.

It seems like what you're going for is that freedom of speech requires responsibility for consequences of speech, which I'm all for. I'm more worried about understanding how far those consequences stretch; if you share an article about race statistics that prompts a riot, are you responsible?

> My answer is "Yes, if you're willing to accept an appropriate punishment for libel/slander/defamation in the event you were wrong."

Do you believe that if someone unknowingly published something that turns out to be false, they should be held legally liable for it? For example, if I share a news article that turns out to be false, I should bear liability?

> One added thought though, what if the person accused can no longer afford a decent lawyer because they got canceled? That could result in catastrophic harm to an innocent person, just like the [0]4% of death row inmates that are supposedly innocent.

That would be a causality of free speech. At some point, some group of people are going to be hurt by speech or lack thereof, and it's more a matter of deciding what tradeoffs we'll make.

> if you share an article about race statistics that prompts a riot, are you responsible?

Entirely depends on if the statistics and any stated conclusions are true, and to what extent the article actually prompted the riot vs other factors.

> Do you believe that if someone unknowingly published something that turns out to be false, they should be held legally liable for it? For example, if I share a news article that turns out to be false, I should bear liability?

If you unknowingly repeat that someone is a pedophile just because it seems popular, it seems reasonable that you share some portion of the blame for whatever harm befalls that person.

In the news article example it is the publication and/or the author that is responsible. Of course this gets into a grey area regarding the content of the article and whether it's possible to know the content is false or defamatory.

> At some point, some group of people are going to be hurt by speech or lack thereof, and it's more a matter of deciding what tradeoffs we'll make.

In my (based on the downvotes I'm receiving) unpopular opinion, I don't think we should give up any speech whatsoever under any circumstances. If people say evil things that cause harm (go kill this person, this person is a nazi, let's get this guy fired, etc), go after them for the harm.

> If people say evil things that cause harm, go after them for the harm.

You'll need to define what an "evil thing" is. For example, in the race statistic example, you make it clear that depending on exactly what was said, you may or may not be responsible for the harm.

You'll also need to define "cause." In cancel culture, no one "forces" companies to fire people, they just put companies under economic pressure, much like boycotting.

I think the key issue is what you mentioned earlier:

> whether it's possible to know the content is false

Where there's some threshold of belief whether something is true or not; for example, it might be fair game to share a New York Times article, knowing that they're generally true. But someone on Twitter?

Also thanks for talking in good faith, it's refreshing to talk to someone who genuinely engages in discussion as opposed to trying to win.

> You'll need to define what an "evil thing" is.

If someone says something false with the intent of harming someone (getting them fired, ostracized in their community, harming their personal relationships, etc) I would say that's a reasonable definition of evil.

A good example is when some people try to call Joe Rogan, a liberal comedian who liked Bernie for president, a Nazi or alt-right. It's clearly untrue and it's intended to de-platform him because they don't like the politics or message of some of his guests.

> You'll also need to define "cause."

I look at this from a rather extreme perspective. If I put a gun to someone's head and tell them to do something, it's coerced. I didn't 'make them' do the thing. They did it willingly to avoid harm.

The same is true when a horde of people call someone's boss and say 'X is a Nazi so either fire him or we'll organize a boycott and you'll go out of business'

> Where there's some threshold of belief whether something is true or not

This is the hardest part to sort out. Hitting like or retweet on something isn't the same as publishing an article yourself. That said, intentionally signal boosting 'X is a nazi' or similar does cause harm. I think this requires a case-by-case review.

> Also thanks for talking in good faith, it's refreshing to talk to someone who genuinely engages in discussion as opposed to trying to win.

Likewise! Although it does seem that public opinion doesn't like my point of view much, I'm glad there's still folks willing try working through a topic together rather than jumping into a jousting match.