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by mitthrowaway2
445 days ago
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I'm not a free-speech absolutist but I've met some. Generally, I've only ever encountered discussion of free speech to be in regards to one's rights to voice their beliefs, opinions, and criticisms. That usually will apply to defamation (but with the right of the defamed party to sue, especially if the claims are false). There's probably some division about where threats cross from speech into violence, especially as threats can themselves be used to restrict freedom of speech. Likewise for yelling "fire" in a crowded theatre. I don't think even free-speech absolutists apply it to a general right to share any arbitrary information, such as copyrighted films, classified war plans, trade secrets, doctor-patient or lawyer-client privileged information, or intimate recordings of people taken without consent (or without ability to consent). |
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Does sharing a non-intimate recording of someone count as speech? Can the government make it illegal for me to share a photo that a government official thinks makes them look ugly? What about a photo of an official committing a crime? What if that photo was taken somewhere private and without their consent? Or what if it was actually an "intimate recordings of people taken without consent", but one of the people involved was the president and they were recorded in a drug fueled fling with a prostitute? Should publishing that be illegal?
How can you define speech so that it can be applied consistently to specific questions like this? Odds are you'll end up with a definition so full of nuances and caveats that the "absolutist" part of the term is rendered meaningless.