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by ThrowawayR2
1717 days ago
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I think a modern formulation of freedom of speech, like Article 19 of the UN Declaration of Human Rights, is clearer about what freedom of speech is: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." Note that this formulation doesn't have to descend into some sort of free speech maximalist apocalypse; spam is unprotected because it's not something anyone wants to receive, incitements to imminent violence are violations of other human rights and laws, etc. so moderation is still possible. There is a difference between interfering with parties who are mutually voluntarily communicating and helping parties not receive communications they voluntarily have decided that they don't want to receive. (I was about to say that free speech maximalists are a myth but I do recall seeing at least one person on HN advocate such a view.) And I agree there's a tension between the rights of different individuals/entities but the same tension exists for other civil and human rights. The compromise used for other civil rights seems reasonable here: everyone should be treated evenhandedly and impartially and, the larger the corporation/organization, the greater the responsibility to do so. |
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Sure I accept this (note though, that the UDHR definition is incompatible with the US constitutional definition, but let's work with this one because I prefer it anyway).
You mention mutually voluntary communication. So the vital question is then: is you posting a video on youtube a voluntary communication with me? I don't see how it is. I can see this argument for email, but I don't see how you can claim that this is the case for Youtube without an apparent contradiction in that even if you and I want to communicate via youtube, Fred over there thinks that the video you posted is spam/inappropriate and should be blocked. That is, if you need mutual consent from all parties, there will always be people who don't want to watch a video, but it is shown to. Therefore I don't think your framing works either way. Either You and I aren't the mutual parties to the communication, in which case Youtube can withdraw its consent, or everyone is party to the communication, in which case Youtube has a responsibility to block the content on behalf of those other people.
> everyone should be treated evenhandedly and impartially
Are you claiming that people aren't? Who is being treated differently? As far as I can tell, the discrimination, insofar as it exists, is based on an idea that isn't specifically called out elsewhere in the UDHR (such as religion or race, in Article 18 or 2).