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by littlestymaar 994 days ago
> Speech restrictionists also tend to ignore the "circular dependency problem": without anyone to defend a position, how do we know if that position is defensible? For example, suppose you live in a theocracy. You're an atheist. You start making your case for atheism. Just as you're about to make your case, the theocrats interrupt: "This speech is killing people. It's preventing them from reaching the blissful afterlife by converting them to atheism. This person is attempting eternal murder." And then throw you in jail.

How is that supposed to be specific to speech? This argument generalize to any prohibition: just because a dictator could use a law to put you in jail doesn't mean laws (or even jails) are inherently bad!

As a extreme example: should we allow rape or pedophilia because religious leaders in power are known to put people in jail for their sexual behavior? Obviously being put in jail for what you do in your sexual life is terrible, right, but that doesn't mean that the law has no say in any human sexual behavior either…

No right is absolute, it's always subject to the law. And all you can wish for is having a law for your country that sets the right balance between freedom and protection, and that's why democracy is important: so that the people can actually have a say on the balance, hopefully moving it to match the moral values of the society (though within the society there will always be debates on the balance, this is inevitable).

1 comments

stop mixing together actions meaning done (or doable) deeds, and statements such as speech

an extreme example would be to ban all fictional writing because of the actions some reader may possibly take due to reading a about some terrible awful action.

> stop mixing together actions meaning done (or doable) deeds, and statements such as speech

This is a completely arbitrary distinction.

In fact there are many crimes for which speech is enough to get jailed, like if you give instruction for a murder, “all” you did was speech. Racketing? Speech. Scam? Speech. Fiscal fraud? You just lied (=speech) to the IRS. Death threats? Speech. Harassment? Speech. Violation of Secret Defense? Speech.

Should all of the above be legal because speech is supposed to be special?