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by twic 1884 days ago
Freedom from speech can only mean freedom from consequences, but virtually nobody thinks all speech should be free from all consequences.

For example, if the government allows its critics to speak freely, but then puts them in prison [1], is that free speech? No. So because of a consequence, speech is not free.

If someone says they hate you and want to kill your family, and you avoid them as a result, is that free speech? Yes - no significant number of people would say it is not. So here, despite a consequence, speech is free.

Some people connect free speech specifically with prior restraint. But prior restraint is also purely about consequences: if the government bans your book, what that actually means is that anyone distributing your book will be punished, and that's a consequence.

Some people connect free speech specifically with government action. But if a tech monopoly deletes its enemies from the internet, is that free speech? I would say it is not.

It's meaningless to be for or against free speech in some binary sense. What you can have is an opinion about the mapping from speech to consequences. You might think that speech should map to lighter consequences than it does at the moment across all speech, or to heavier consequences, for for some kinds of speech to be lighter and some heavier.

[1] Idi Amin is reputed to have said "There is freedom of speech, but I cannot guarantee freedom after speech."

2 comments

> It's meaningless to be for or against free speech in some binary sense. What you can have is an opinion about the mapping from speech to consequences. You might think that speech should map to lighter consequences than it does at the moment across all speech, or to heavier consequences, for for some kinds of speech to be lighter and some heavier.

I think this is a very good way of putting things. However, when it comes to answering the question, there's two ways of thinking about it -- how do I map other's speech to consequences with my actions (i.e morally) and how does the government map speech to consequences (i.e legally). I think only this second way of thinking is where the "right to free speech" comes in.

The view that I'm advocating is that I want the government to support a relatively strong version of free speech (i.e you should be able to say what you want without fear of being persecuted by the government, bar a few exceptions), but my personal map of speech to consequences is for me to decide. This means, for example, that I may choose to stop supporting a particular business because of something one of their employees have said, and may even shout about it on Twitter, but doing so wouldn't be an infringement of their right to free speech (it may be morally questionable).

> Freedom from speech can only mean freedom from consequences, but virtually nobody thinks all speech should be free from all consequences.

Then people should stop stating the former as an argument, because "all speech should be free from all consequences" is what it means.

Exactly. People say they want freedom of speech, but really they want the ability to say whatever they want while also having the ability to punish others for saying things they don't like.

Similarly, people say that some countries have freedom of speech, when in reality every country has ways of punishing people for making certain noises out of their mouths - they just differ in which noises and to what degree.

The effect of this dishonesty is there is a hidden social contract on what you are, or are not, allowed to say, and everyone has to negotiate that. The article is about how people are becoming more self-censorious as a consequence of this social contract tightening up.

That's not what they mean by it. It might be what you understand by it. It's not meaningful (!) to talk about what it means in an absolute sense.
So the strong form of the phrase "free speech must mean freedom from consequences" implies all speech must mean freedom from all consequences, whereas the weak form would mean all speech must be free from a certain undefined subset of consequences?

That phrase is always proposed as a rebuttal to "freedom of speech doesn't mean freedom from consequences," and always in the context that any consequences given will lead to a slippery slope. It doesn't contradict that premise at all if interpreted in the weak form, it only makes sense as a rebuttal in the strong form.

So either the so-called "free speech maximalist" side actually believes that people who argue free speech doesn't mean freedom from consequences are referring to all consequences rather than any consequences, or else we're all just in violent agreement with one another, and really just haggling over what those consequences should be.