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by twright 441 days ago
This is a really good compilation that should make any "free-speech absolutist" reconsider their support for the current administration.

In my understanding, the commonplace interpretation of the first amendment is largely due to a series of landmark cases through the early to mid-20th century. A lot of expansions were provided to the amendment that have been taken for granted since then and we are now going to see challenged. We'll see how many hold in due time but I wouldn't put good odds on it.

8 comments

I'm not really convinced more than a vanishingly small percentage of people who self identify as "free speech absolutists" are using that term in good faith. Freedom of speech is just the easiest way to have plausible deniability when directly or indirectly defending otherwise indefensible positions.

Anecdotally I've noticed these sorts of people much less often, at least on here as of late. Methinks their deniability isn't so plausible any more.

> Freedom of speech is just the easiest way to have plausible deniability when directly or indirectly defending otherwise indefensible positions.

The idea that it's somehow suspicious to be in favor of free speech has got to be one of the worst developments in American politics.

And, for whatever it's worth, every vocal "free speech person" I know doesn't like the current administation. Some people actually just have principles!

I have yet to see a free speech absolutist express concern about the government and media suppressing Gaza protestors or LGBTQ books being banned or anything else that affects the left. Doesn't seem very principled to me.
I can't believe I'm going to say this but if you go over to reason.com and look at reporting on the visa stuff, there are a loooot of arguments going on in the comments. We're not even talking free speech absolutionists! Just like "normal"[0] conservatives being like "this is actually kind of messed up what's going on to these visa holders".

Plenty of people happy to carry water for the admin as well. I just don't really have a great view of what people actually think about this issue.

[0]: to be clear, I do not believe there are normal people on that website.

Glenn greenwald comes to mind.
I wouldn’t call myself an “absolutist” of anything, except perhaps regarding free political speech. Child porn is pretty much where I draw the line, and frankly even that is a fuzzy line.

I absolutely object to suppressing Gaza protests and banning LGBTQ books, or any other books for that matter.

That's speaks more to your social and news circles more than anything. I see plenty of condemnation of the Trump administration from free speech activists for their actions against Gaza Protestors and LGBTQ book bans.
Wasn't it the other way around for way too long and still is in places like UK, Germany?!
Neither of these countries has a free speech provision in the constitution. To the opposite, both explicitly ban certain kinds of speech.
Germany does guarantees free speech in article 5 of its constitution.
Can you explain what that's supposed to mean and provide some examples?
The UK and Germany don’t and never have had the 1st amendment.

As for “the other way around” - what I saw the right wing complaining about was “being canceled”. Freedom of speech has never meant freedom from consequences for your actions. A private business is well within their rights to fire you if you’re posting racist or homophonic slurs online.

The only thing the first amendment provides is freedom from the government impeding your speech. Doing things like, you know, threatening jail time for journalists who say things they don’t like. Or, in a functioning US government, pulling funding from colleges because they’ve got students protesting over the current situation in the Middle East.

Going by your logic, pulling funds by govt is wrong but students "facing consequences of actions" by getting expelled is ok?
Germany does have such laws that stem from its old monarchic honor culture and these laws are currently abused for political purposes. Laws that were in affect through its autocracies and were always abused as well.

Just saying that it might not be the best model.

> I have yet to see a free speech absolutist express concern ...

Hi there. You are seeing one right now. Well, seeing the words of one.

I am a free speech absolutist. What this administration is doing is abominable. I have always seen anti-Israeli campus posters as idiots, but Trump's crackdown on them is, imho, unconstitutional and immoral.

You’re free to support apartheid but I’ve never found slandering your opposition particularly useful. I don’t support any forms of violence, and framing is very important because it leads to peace activists being conflated with war mongering. Israel fascism is at the very heart of why free speech is being banned.

https://youtu.be/9Z1NyTdhZ-U?si=9S4rOI-fQY0Yr0XD

I hate the implication you're making, especially since reality is exactly opposite. Israel's system cannot reasonably be classified as apartheid ... and Palestine's system cannot reasonably be classified as anything BUT apartheid. You definitely ARE legally segregated according to religion in Palestine, and you are not in Israel.

Exactly the opposite of your claim.

Yes, the current Israeli government is turning authoritarian (though again: not nearly as authoritarian as Palestine's governments), like so many others. That doesn't change reality though.

> You’re free to support apartheid but I’ve never found slandering your opposition particularly useful

You say, as you slander your opposition.

If you proudly proclaim your hypocrisy like this, is it really any surprise that the rest of your moral argument falls flat?

There is less apartheid in Israel than in every other surrounding country with quite a large margin for that matter.

You use words like fascism while decrying "framing". This is ridiculous.

But no, I don't advocate you getting banned for a stupid opinion. Perhaps that can be the minimal consensus.

> anti-Israeli campus posters as idiots

The problem with free speech absolutism is that it leads to the 'paradox of tolerance'. We are now seeing the fruits of that line of thinking.

> The paradox of tolerance is a philosophical concept suggesting that if a society extends tolerance to those who are intolerant, it risks enabling the eventual dominance of intolerance; thereby undermining the very principle of tolerance.

https://en.wikipedia.org/wiki/Paradox_of_tolerance

I don't see the paradox. You can consider some people idiots and find it condemnable for idiots to be kidnapped in vans or have their visas revoked.

If anything it's a slipperly slope logic. These people are idiots -> these people deserve bad things happening. Unfortuntaely, the admin is proving all those fallacies before us.

> free speech absolutist

An unfortunately overloaded term. 1) free speech absolutist meaning the government should not be censor private citizens speech in any way, 2) or twitter/similar is breaking the law by censoring X speech, 3) or twitter/similar should be considered a defacto public square and therefor the company twitter/similar can not legally censor speech on it, 4) or "I align with Elon Musk who calls himself a free speech absolutist", or etc.

Likely sapphicsnail was talking about the less principled, or not understood by principles by me, variety of people calling themselves free speech absolutist, who seem to dominate, or least be the most vocal, the conversation around "free speech absolutism" in reason years.

You're still missing a good portion of the ambiguity of the term. Both "free" and "absolutist" are rather definitive terms with clear meaning. But what is "speech"? Does that count fraud, defamation, threats, or even the distribution of child porn? Almost everyone agrees at least some of that should be restricted. So an "absolutists" either needs to defend that type of harmful speech or debate the meaning of "speech" and once that happens the term has lost all meaning.
This kind of response reinforces the parent's concern. Expressing concern for the erosion of free speech rights doesn't make one a right wing fanatic just because they don't mention every other political issue in the exact same comment.
The free speech absolutists were always criticized because of their hypocrisy, not because of their ideology. At least the people saying there should be limits to free speech are clear and impartial as to where those limits should be, supported by laws and regulations.
> clear and impartial as to where those limits should be

This is a big claim. The crux of the problem is that it's virtually impossible to set a clear and consistent line. That makes it ripe for abuse by those in power, as we are witnessing right now. I think it's hypocritical to fail to even acknowledge this fact.

Then you're not looking.
For books depicting sex acts, banning such books from public elementary and middle school libraries is reasonable. Is it not?

Does there exist any example of an administration (federal or state) successfully prohibiting the private sale of an LGBTQ book?

Books with rainbows are getting banned under the same policy.

Rainbows!

Where is this happening? URL?
Nobody is banning books. Removing inappropriate material from school libraries isn't book banning. Have you seen some of the books that are being removed? That books with graphic depictions of aren't appropriate for children is a view perfectly compatible with strong support for freedom of expression.
Okay, but counterpoint: why don't these school libraries also remove for example the Bible, a work known for extremely graphic content, eroticism, calls to kill based on one's tribe and doing stuff like working on the Sabbath. It's also a book explicitly meant for indoctrinating children into a given religion, or actually one of two religions!

These principles of what is good and age-appropriate for children doesn't seem to be applied consistently.

Counterpoint, they do. What public elementary school has copies of the bible? Schools are terrified of anything re ligious.
Because it is an historically important work that is necessary to have some understanding of to understand large parts of history. Its purpose also is not indoctrination or titillation.
Because the bible teaches hypocrisy, a very important skill that will help create future leaders.
They’re literally banning The Handmaid’s Tale. Not good https://www.theatlantic.com/ideas/archive/2023/02/margaret-a...
Quoting the article:

> It’s shunning time in Madison County, Virginia, where the school board recently banished my novel The Handmaid’s Tale from the shelves of the high-school library.

Note: a school library. A student can go to a regular library and check out this book, if they are really interested.

If you want to see what real book banning looks like, read the list: https://en.wikipedia.org/wiki/List_of_books_banned_by_govern...

This involves removing books from public libraries nationwide (not just school libraries of one county), banning of sale, and sometimes criminalizing and prosecuting private possession of the book.

The US is fortunately quite far from such a sorry state.

> Have you seen some of the books that are being removed?

Yes, and most of them do not fit your description in the slightest.

There’s a coordinated effort to ban books. Harry Potter has been banned. Parents are provided with the template letters to send and are trained to raise objections to books that don’t fit their religious ideology. I’d provide you with links but you could just google it yourself same as I could. Search for “coordinated effort ban books”
But the Bible's ok...
When our book says "There she lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses," it's ok. When yours say it, it's not. Simple.

1. https://biblehub.com/ezekiel/23-20.htm

Left political circles did remove books as well. At the time it was mostly argued that the authors are racists or had some form of flaw.

The justification was exactly the same at the time. "It isn't censorship, it is just not recommended anymore". Given, that was/is true for many literary expositions as well.

Inappropriate by whom?

Do you have a list of those books so I can check if I see the same kind of inappropriateness?

Inappropriate according to the school. Schools determine all sorts of things along those lines. They choose what to teach in the first place. Is that in violation of freedom of speech too? School libraries aren't unlimited. They can't contain every possible book. And you wouldn't want them to contain, for example, Playboy magazine or other actual pornographical publications. Schools are obviously allowed to determine what is and isn't appropriate; this is much better, having it decided locally, rather than what, deciding at a national level what is and isn't okay.
> Some people actually just have principles!

Right, but words like `absolutist` mean something really strong that is not achievable in reality, and I don't think you would disagree very much that the majority of self professed free speech absolutists like Musk, do not actually hold anything near such a view.

This is actually due to an attack on the weakness of free speech. The zone is being flooded with shit, as the phrase goes, to the point that words don't mean anything. The moment a term starts having some meaning that people can derive direction from, the propagandists start using the term incorrectly everywhere.

I think the swerve that makes free speech absolutism less credible now than a generation ago is the prominence that lies and misinformation have gained in the discourse.

I think you can still believe that any political, religious or economic view is fair to say/publish/broadcast as an ernest expression of perspective, and that even potentially hateful views inevitably come along for that ride. We tolerate the KKK producing literature bc that's the cost for _everyone_ being able to speak. But it's much harder to make the argument that intentional lies and misinformation deserve the same protections as good faith expressions of minority views.

When a person asserts that we need to protect speech which is intended to mislead, isn't it natural to be suspicious?

That is the usual degradation of freedom of speech and not at all different from other cases before.

Some opinions hurt many sensibilities and the result is lacking support for most essential freedoms. This justification might seem more relevant to you, but with perspective it is the same reason others used to prohibit speech.

> When a person asserts that we need to protect speech which is intended to mislead, isn't it natural to be suspicious?

There is enough literature here to really weight this argument and the sad result is that you often defend the speech of scoundrels but it still is the better result.

Some people say it is natural to dislike different skin colors. The logic of your argument would generally be seen as short sighted and it certainly is in regards to freedom of speech. Again, a bit of literature exposure helps.

My claim is that intentionally dishonest speech shouldn't obviously enjoy the same protections as earnest speech.

> That is the usual degradation of freedom of speech and not at all different from other cases before.

That's a really sweeping statement and I think perhaps (fittingly) is an intentional mischaracterization of the history of attacks on free speech in the US. E.g. looking at a pretty generic source, whether someone is lying has basically never been the criteria that the government uses to suppress stuff. From https://en.wikipedia.org/wiki/Censorship_in_the_United_State...

- In the 19th century the postmaster refused to carry abolitionist literature, because of its topic, not whether statements were true or false.

- The Comstock Law forbade the postal service from carrying even personal letters with sexual content -- again, regardless of truth or falsity.

- The Sedition Act of 1918 forbade "disloyal, profane, scurrilous, or abusive language" against the government/flag etc, again regardless of truth or falsity.

- Charles Coughlin lost his ability to broadcast and a newspaper mailing permit b/c of his Nazi-sympathizing views, but not specifically because of lies.

- The Smith Act of 1940 went after communists and others who advocate the overthrow of the government or even to affiliate with an association which so advocates. Again, no requirement of lying required.

- The current emphasis on banning queer books, identifying peace activists who called for an immediate ceasefire in Gaza as being "aligned with terrorists", or forbidding government agencies from mentioning "diversity" are all entirely indifferent on whether a person or agency is telling the truth.

Even in the colonial era, Alexander Hamilton's argument for freedom of the press, when defending newspaper printer John Peter Zenger emphasized the right to tell the truth: "nature and the laws of our country have given us a right to liberty of both exposing and opposing arbitrary power ... by speaking and writing the truth."

We have civil legal mechanisms to fight those who lie in a manner which harms the reputation of a person or company (defamation, libel, slander). We have criminal legal mechanisms to fight those who lie in specific ways to enrich themselves (e.g. wire fraud). To my understanding, we don't have any kind of legal mechanism to bring to bear when someone knowingly lies for purposes of manipulating public discourse -- e.g. claiming that (unnamed) doctors are sitting on death panels, or that a large number of (unnamed) staff in the State Department are communists, or that the 15-minute city is a conspiracy (of no one in particular) to imprison people in their neighborhoods.

If you have literature you care to recommend that makes a compelling argument for why lies/misinformation specifically be protected, please cite specific documents rather than waving at "literature exposure" in general.

If he won't cite any literature, maybe he can find the Truth Social post he bases his worldview on.
A what do they when they don’t like it?

The once who claimed there is a speech police implement speech police and all what the vocal free speech persons do is don’t like it?

Did the address it at the president or do they fear consequences?

You can support free speech in the abstract, end up defending certain people whose views you hate, and still come up with a good amount of respect. The ACLU is able to maintain respect despite helping some pretty terrible people in court.

There's just a cohort of people who claim to be in favor of free speech, but also use it as a defense to associate themselves with people they really don't need to. Even the worst people in the world need _a_ lawyer, your local fascist doesn't need a booster on Twitter. There's a spectrum and subjectivity here of course.

"Free speech" has turned into a fun little bad faith thing to throw into arguments where it (for most people) doesn't belong. And even for fellow travelers, these people arguing in bad faith tend to throw in some other stupid garbage into their arguments! So it gets a bad rap, as an indicator that an argument is about to get stupid.

> The idea that it's somehow suspicious to be in favor of free speech has got to be one of the worst developments in American politics.

This isn't really a recent development but I think I understand what you mean. Authoritarians, regardless of their political leanings, try and sow distrust in free speech in order to garner support for advancing their agenda.

Currently, the "right" is using "free speech" as a tool to push back against the "woke agenda." So now "free speech" is becoming faux pas, at least in certain circles. Mentioning it as something you value without some long preface to explain yourself now associates you with a certain group of people, whether that group actually values free speech or not.

>Anecdotally I've noticed these sorts of people much less often, at least on here as of late. Methinks their deniability isn't so plausible any more.

They don't need to do any denials anymore because they have won. That was part of arguing in bad faith, they never actually believed the arguments. Nothing being discussed on a message board is going to change that

I know it's not your intention, but don't allow these people to control your perception of free speech advocates such that you're making blanket statements about them that might in turn color someone else's perception. They're hiding behind real free speech advocates, and powerful people are counting on stochastic comments like this one to help confuse the public.
Most of them seem more like "freedom to fraud" or "freedom to incite violence" and speech is just the medium they need to do it.
The current administration does not support free speech for everyone. It's actively punishing free speech.

You're right -- many people who claim to support free speech really mean they favor "free speech for me, not for thee." And typically these people want to be able to say controversial things without consequence. But how people respond to speech is orthogonal to whether or not we are allowed to exercise our rights to it.

The ACLU did "free speech absolutism" right back in the 90's and 00's. They defended everyone's speech, no matter the politics, no matter how socially right or wrong it was [1]. They'd step up to bat for Democrats, Republicans, Christians, Atheists, and Satanists. Your views didn't matter. Defending the rights we all share was the point. Because when someone else's rights are degraded and not defended, it means everyone's rights are up for attack.

Unfortunately the ACLU doesn't hold these same views today. They're batting for one team only.

[1] They defended Westboro Baptist Church and NAMBLA, FFS. I definitely hate both of these organizations, but free speech is free speech. By defending even the most reprehensible speech, it ensures that mine remains free regardless of how the political pendulum swings. That's how it should be, anyway.

It would be counter-intuitive if they defended the free speech of those who want to take away the free speech of others.

Part of Free Speech is that it does not matter to have it if nobody hears you, maybe because your voice is drowned out by powerful media, serving the interests of the few. Therefore we need Equal Rights to free speech for everybody, especially when it comes to elections.

The ACLU did change course noticeably and there is ample criticism for that and this resulted in their diminished influence of today. There was even bipartisan consent on that, especially regarding the first amendment.

For example if you search for the "ACLU lost its way", you will find a lot about their behavior. I think the opinion pieces are often well argued.

No it wouldn't. Part of freedom of expression is the right to express opinions of any kind. That includes the view that freedom of expression should be limited: that is a perfectly legitimate opinion.

>Therefore we need Equal Rights to free speech for everybody

Freedom of speech doesn't mean you are entitled to a publicly funded megaphone or that anyone is required to listen to you.

I understand, constitution gives you the right to speak against free speech as well. I'm just saying it wouldn't make sense for ACLU to support people who want to take away your right to free speech.

Also you're right that we can't give everybody the one hour of free speech on TV, can we?.

But it is in the interest of the country as a whole that all viewpoints are heard. But if one person can buy all TV-stations then he will have free speech and nobody else really does. If nobody can hear you because somebody else is speaking so loudly, it doesn't matter if you have free speech or not.

It used to be law that there are limits to how many millions one person or corporation can use to win elections. But seems that is no longer the case thanks to Supreme Court judges nominated by Republican presidents.

>I'm just saying it wouldn't make sense for ACLU to support people who want to take away your right to free speech.

It is supporting their right to freedom of speech, not supporting them, in my view.

>But it is in the interest of the country as a whole that all viewpoints are heard. But if one person can buy all TV-stations then he will have free speech and nobody else really does.

Did nobody have freedom of expression before television? Broadcast media is just one way of communicating ideas, and TV is a decreasingly relevant part of the media. TV is worse than it used to be largely because nobody really watches it anymore except for sports.

>It used to be law that there are limits to how many millions one person or corporation can use to win elections.

There is very little evidence that spending more on election advertising actually does anything. Hillary and Harris both spend much more than Trump and lost. Biden spent more and won. Obama spent less and won. The statistics across a wide range of elections at different scales don't show it having much effect. It is probably important to even be an option, but it doesn't win elections.

eh, I'm not going to cast stones at people who will voice support for the right to reprehensible speech and will fight for a system that makes sure even people with reprehensible speech have recognized rights and can get legal representation, even while they personally do not want to represent nazis etc. That's not a moral failing.

Suggesting a group is in some way a failure now because they don't use their speech how you think they should is, of course, at least a bit iffy while we're talking about this :) but FIRE is probably the group you're looking for today.

The Paradox of tolerance almost never means what the person invoking it as a rebuttal to free speech thinks it means. It's not some moral axiom that demands action to shut down problematic speech whenever it happens. It's a concept that has varied views on to what extent should tolerance of intolerance be extended and to what response is appropriate when it extends beyonds that threshold.

The most frequently quoted text I've seen is Karl Popper's writing, where he states that we must reserve the right to suppress intolerant philosophies, not that we should always suppress them.

Now, some people might have the opinion that we should be completely intolerant to intolerance and that might be a defendable position in its own right, but the paradox of tolerance is not intrinsically condoning that sort of response.

> ....It's not some moral axiom that demands action to shut down problematic speech whenever it happens.

No, that would probably end up in a logical paradox, if one were intolerant of any degree of intolerance.

> It's a concept that has varied views on to what extent should tolerance of intolerance be extended and to what response is appropriate when it extends beyonds that threshold.

I don't know enough to have a particular position on the ACLU, but at least in theory an organisation defending free speech might decide that conditions have become such that defending certain things will lead to the inability to defend other things and choose to proceed differently on that basis.

I think Popper would be quite sad with how people abuse his intend with stating it.

Without a lot of context from Popper this principle isn't even a very good one and Popper certainly would agree here.

It just displays that you didn't put time into it thinking it through, especially if you just distribute links.

> Anecdotally I've noticed these sorts of people much less often, at least on here as of late. Methinks their deniability isn't so plausible any more.

Been a lot more hysterical on here as of late. Methinks there's less reason to discuss political things now.

I don't think it fits completely, but for the sake of it, I am a free speech absolutist. I live in Europe for context.

Your insinuations isn't really a good faith argument either but I gladly join that group of "these sorts of people" because they are obviously more sensible than the others.

I don't think anyone identifies as "free speech absolutists" in the first place, except for Elon Musk one famous time. Strong free speech advocates remain about as common as they've always been, as far as I can tell - I suspect you just don't notice so much during times when the strongest threats to free speech are people and groups you're already inclined to oppose.
The only free speech absolutist in America is Noam Chomsky. He's the only one.

Whenever conservatives talk about "free speech" just substitute "hate speech" because that's what they mean. Elon Musk has called himself a free speech absolutist while banning people from Twitter for hurting his feelings, for being journalists who are remotely critical of him, for making fun of him, for reporting ATC public data on the location of his private jet and for making jokes.

The media is absolutely complicit in not challenging the countless lies told by Republicans.

What didn't get a lot of attention is how Trump sued a bunch of media outlets (eg ABC/Disney) to defamation. These are cases he absolutely could not win on the merits. ABC presenter George Stephanopoulos made the on-air claim Trump was "liable for rape" after he lost the E. Jean Carroll case. Disney agreed to pay ~$16 million in what has all the apperances of a payoff.

It's pretty amazing that out of 350 million people in the United States, the only one who is a free speech absolutist happens to be someone I've heard of.
One thing not on the list (yet) is the freezing of protesters' bank accounts that happened in Canada.

Or the de-banking that happens to politicians in the UK.

Or the jailing of whistleblower lawyers that happens in Australia.

I wonder what any of those have to do with a USA constitutional matter?
I agree, but I think these countries don’t actually have free speech. I don’t care if I disagree with these positions. I will protest to defend their right to say it, otherwise I will lose mine as well.
I would prefer a higher signal to noise ratio. For example, Radio Free Asia is a project of the federal government. Defunding it is a political decision. Freedom of the press does not mean the government is obligated to fund media nonprofits it has funded in the past.

If those sounding alarms don't distinguish between political decisions they disagree with and violations of our rights, they will lose credibility ala Boy Who Cried Wolf, and struggle to mobilize people when it really matters.

RFA is funded by USAGM a independent agency of the US federal government. Do you argue against the idea of an independent agency? Are you saying its dismantlement was legal?

https://en.wikipedia.org/wiki/U.S._Agency_for_Global_Media

https://en.wikipedia.org/wiki/Independent_agencies_of_the_Un...

No, I'm not opining here on whether stopping RFA is legal or a good idea. I'm only saying that I don't think it's an attack on the freedom of the press when the president stops funding media organizations, even if it's because of their viewpoint. I think the concept of freedom of the press was created to protect press organizations that are actually independent of the government from government interference. It cannot plausibly or sustainably extend to a government funding entitlement. If it did, it would mean perpetual entanglement of our precious universal, politically neutral liberal protections with the eternal mud-wrestling match of partisan politics.

If USAGM is entitled to funding by act of Congress, I consider that a separate issue from First Amendment freedom of the press.

> In June 2018, President Trump announced his intention to nominate documentary film producer Michael Pack to head the agency. He was confirmed by the Senate two years later, and served from June 5, 2020 until January 20, 2021, when he was asked to resign at the request of newly-inaugurated President Joe Biden.

Doesnt sound very independent to me if the President can exchange the agency head.

When the government's reason for defunding a media organization is based on that organization's viewpoint, then it is absolutely an attack on freedom of the press. I'm not sure about Radio Free Asia, but Trump has specifically cited his objections to the viewpoints of Voice of America and Radio Free Europe/Radio Liberty as the reason for destroying them.
> This is a really good compilation that should make any "free-speech absolutist" reconsider their support for the current administration.

The adoption of the "free speech absolutist" brand by certain elements of the Right was never an honest statement of ideology, it was a smokescreen of Orwellian doublespeak for efforts to impose right-wing bias on platforms both by platform owners and by government regulatory efforts.

Those people aren't going to reconsider their support for this administration because it isn't actually committed to free speech, because it is doing what the "free speech absolutist" label they adopted was always cover for.

> In my understanding, the commonplace interpretation of the first amendment is largely due to a series of landmark cases through the early to mid-20th century.

The one thing that the "free speech absolutist" Right-wing crowd was always honest about was that their position had nothing to do with "commonplace interpretation of the first amendment". (

Then the center-left Democrat progressives need to stop discussing the term "free speech absolutism" because it conceptually muddies the water. Leftists believe in free speech, freedom of inquiry, freedom of the press, even "burden of proof beyond doubt"--these are all liberal ideas. There's a mainstream pseudo-left that has decided to dispense with all nuance of these basic liberal values, and that is far worse in the long run, because that is happening inside the house, in service of Democrat elites. It's like internalized oppression: the fascists and reactionaries are so bad, that we've decided to forget our own principles.
You see the same thing in this thread. People mock free speech absolutists because Musk may have trolled them a year ago.

I believe this overall ineptitude will indeed not work in their favor and it is just a form of primitive reactionism.

Do we deride free speech absolutists simply because Musk might have trolled us? Is that truly a reasonable explanation for anyone's motivations? Would you be so petty as to base your principles on that idea?

No. Our criticism is aimed at their inability to defend their own values, leading to fruitless debates and real-world situations where shameless hypocrisy undercuts everything they claim to support.

Yes, it is and this is projection again. We had years with arguments "they are a private company", "free speech doesn't mean freedom from consequences", etc. pp.

Perhaps integrity would demand that people speak up and in my experience they indeed still do. But you shouldn't be surprised if the criticism is quite a bit less loud if it concerns speech from a politicized crowd that demanded more content control and censorship just a few weeks before. Petty? Maybe. Wrong? Maybe. But certainly not surprising that bad life decisions in the past do have an effect.

Listen up, because this needs to be crystal clear: there is absolutely NOTHING wrong with revoking someone’s platform when they violate terms and conditions that are no stricter than the rules you’d set for your own kids.

On the flip side, there is something profoundly, undeniably wrong — practically evil — when a government detains peaceful people not for breaking laws but for virally posting about their wish for an immediate cease-fire in the midst of violent conflict. Which is the exact inverse of having sensible limits.

You can rattle off half-baked “maybe” and “perhaps” scenarios all day long and keep twisting definitions beyond recognition. You can continue to argue that governmental abuse of power is an inevitable consequence simply because the world contains some ugly, petty sociopaths that will hold grudges until they die. But by that logic there shouldn't be norms, limits, rules, terms, conditions or laws at all, because it will only inconvenience sociopaths on their rise to power and they'll eventually come after you.

Welcome to the paradox of tolerance. We need rules because it keeps our imperfect society civil.

Interesting you call it a "brand". People picked up the term because it was meant to be an insult and that is quite relevant to understand the current political situation and why Trump can sell himself as free speech defender while doing the opposite.

Bascially because his opposition is that much slower...

The problem isn't that the current US administration is seen as a good protector of freedom of speech. It is that its opposition dropped the ball on it so massively.

With support of the now decried platforms, the slogan "there is no freedom of speech without consequences" comes to mind. Helping corporations "clean house" against all the undesirables, people that "hate".

This again points at the Trump administration and how bad it would be. That isn't really a convincing message, it is that it opposition needs to rethink some arguments of the past.

> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Read that, please.

I'd consider myself a free speech absolutist and I don't really agree. I feel like most of the list falls into "bad legal takes" category as almost nothing on the list has anything to do with the first amendment at all.

The freedom of the press category basically amounts to slander having never been protected speech. You can sue for slander.

https://www.law.cornell.edu/constitution-conan/amendment-1/d...

The freedom of speech category in the article is largely a big nothing burger. Government employees have never had freedom in what they say while acting as government employees. That can say whatever they want on their own time given they're not releasing protected information. That one's been settled by supreme Court a number of times.

https://supreme.justia.com/cases/federal/us/547/410/

The government gets say over what data it releases. There's nothing in in the first amendment guaranteeing government releases of data. That's just bizarre to even think of as a first amendment issue at all. The first amendment protects the people from censorship, nothing in the amendment protects the government from censorship by the government.

I literally struggle to see how just about anything in the article relates to the actual protections the first amendment provides whatsoever.

The freedom of religion section seems like we're moving more in line with the constitution by removing special protections for religious institutions? Religious institutions having special protections seems like a pretty clear violation of the first amendment. I don't see why a church/mosque/temple should be any different as far as the government is involved than a Footlocker. By literal definition religion shouldn't get special treatment. Separation of church and state.

> Meanwhile, U.S. Immigration and Customs Enforcement (ICE) agents have been detaining and trying to deport pro-Palestinian students who are legally in the United States. The administration is targeting students and academics who spoke out against Israel’s attacks on Gaza, or who were active in campus protests against U.S. support for the attacks. Secretary of State Marco Rubio told reporters Thursday that at least 300 foreign students have seen their visas revoked under President Trump, a far higher number than was previously known.

How is "deportation without a trial" not a deliberate attack on people exercising their constitutional right to free speech?

What's the problem here, exactly?

Visas are granted as an extension of this country's good will, and if you violate that good will the visa is revoked. Is your issue that you don't believe the conduct to be worthy of revoking the visa? Honestly, it's a little irritating that people think it's normal for these visas to be so liberally granted in the first place. That's probably why we're in this situation at all.

The Visa isn’t being denied for a crime. It’s targeting specific speech of protestors and that should be unconstitutional. Anti-BDS laws fall in the same category and those impact US citizens. You can refuse to hire based on beliefs but the government has no right to tell you what to say. If you commit a crime or materially support terrorism you have a day in court.
Not following. These visas are at the pleasure of the government. The argument you're making is that once these visas are granted we are conferring the same rights as those of citizens, which is not true. If someone gets a student visa and comes here, to go to Columbia or NYU or Stanford or wherever, and all they do is agitate protests and cause trouble it seems reasonable that this visa should be revoked, yes? They are not studying, they are doing foreign activism. That's all well and good, but student visas are supposed to be for people who want to be ... students.
And where in the Constitution do we find this notion of "rights of citizens". The Constitution governs how the federal government is allowed to act and the powers it has been given (by the states and people).
I've got very mixed feelings on that.

I'm not entirely sure that someone should be able to come into another country as a non-citizen and go around drumming up support for our foreign enemies. I can tell you no other country on Earth would put up with that.

Whether or not the first amendment applies to non-citizens, especially non-permanent residents is clearly hotly debated. I can see both sides of it.

The almost perfectly clean split across the Federalist/Democratic-Republican line that the founders had on the Alien and Sedition Act I think makes pretty clear that even the founders didn't agree on whether or not it did.

They are welcome to bring up such arguments at a trial, where they can be contested fairly before judge, jury, and the general public.

Jury trials are another important constitutional right that's being infringed. Until the facts are resolved fairly, those accusations are suspect.

I will also remind you that some of those affected are (were?) permanent residents. If they can take that away without due process, it's only a matter of time before citizens are also on the chopping block.

I just wish there was always this much interest in free speech. The level of care in most circles tends to sway based on who is in office.
Theres no such thing as a free speech absolutist.

Supposed free speech absolutists demand reversals of bans from platforms for people due to hate speech.

Not 1 is demanding the same for spammers or fraudsters.

A libertarian will argue that fraud is an act that is not the same as free speech and hence is not covered by free speech. I don't agree with the libertarian viewpoints overall, however I will acknowledge they have a point about the distinction between those two things.
And what is spam? I can acknowledge fraud not being free speech (although it's a stretch as well), i.e. it's intended to harm (again one could argue about a lot of other speech as well), but how can they make the same argument for spam?
Spam is literally commerce. But almost every platform acknowledges it needs to be removed because its unwanted.
I'm not asking what spam is, I'm well aware.

We are in a discussion about free speech absolutism. Somebody who says they are a free speech absolutist who supports spam filtering, needs to either justify why spam is not speech (which is my question, why would it not be speech), or acknowledge that they agree there are limits to free speech.

Or is your argument that if it is commerce it's not free speech? That would allow all commerce to be censored (and we just kick the can down the road, what is commerce).

No I am taking the view that spam is speech, and should be included in an absolutists agenda.
Spam can be whatever who so happens to be the site moderator, or maybe some very tiny yet obnoxiously vocal minority, wants it to be.

Beyond that practical matter, the least bad definition I have for spam (and this is just off the top of my head right now) is: advertising that is unsolicited and disseminated in a bad faith style.

Any of us who are being honest with ourselves, maybe with exception to the acutely socially challenged, know spam when we see it.

So free speech absolutism shouldnt extend to bad faith?

Well that brings us right back to the moderation free speech absolutists are angry about.

I suggest to review the comment you replied to.

Free speech absolutism shouldn't extend to: advertising that is unsolicited and disseminated in a bad faith style.

Sorry about the state of your reading comprehension (or lack of it). Unfortunate.