| > let's be honest here, you do agree with limiting speech Let's not introduce a straw man: I haven't claimed I'm for unrestricted speech; and let's also not introduce a Nirvana fallacy[0], my position is thus because the world is imperfect, hence freedom of speech is necessary to improve it and as mitigation against its misfortunes and burdens. It actively reduces violence by providing a better way to "win" an argument. > Would you mind explaining how speech could be harassment and assault and who would decide that? Assault is a very old law with a lot of case law behind it (that is the answer to the who decides) that is very easy to understand: > A person commits an assault if he performs an act (which does not for this purpose include a mere omission to act) by which he intentionally or recklessly causes another person to apprehend immediate unlawful violence. Spoken threats are an obvious one, so is shouting at someone in the manner that would lead a reasonable person to feel threatened. Harassment is also easy to understand: > The Protection from Harassment Act 1997 indicates that someone’s actions amount to harassment when they make the victim feel distressed, humiliated, threatened or fearful of further violence. The main goal of harassment is to persuade victims either not to do something that they are entitled or required to do or to do something that they are not obliged to do. Actions listed under the Protection from Harassment Act include, but are not limited to: > phone calls
> letters
> emails
> visits
> stalking
> verbal abuse of any kind, including on social media
> threats
> damage to property
> bodily harm You can see several types of speech in there. > And I'm presuming that you're okay with libel and slander being decided in a Court of Law You're contradicting your earlier straw man now, you have no such presumption. I do, however, support defamation as a civl tort (though not how it is currently instituted in the UK, the US has a much saner implementation). > We're not really discussing here whether limiting speech is okay, we're both already doing it. No, it's about where we draw the line. I'm glad you've caught up. > It's just where I put the line also protects vulnerable people from extremely dangerous rhetoric that kills people. Rhetoric doesn't kill people, people kill people, and you're justifying it. So the argument goes: their offence is justified, their violence is inevitable, hence, we should stop the speech. Have you considered allowing the speech and punishing those who act violently because of their supposed hurt feelings? Would that not be peaceful co-existence? > the reality is that peaceful co-existence requires intolerance of intolerance Popper defined, in his "paradox of tolerance" two simple tests for telling an intolerant group: - They shun debate. - They turn to violence. You've picked the wrong group to criminalise. > In this formulation, I do not imply, for instance, that we should always suppress the utterance of intolerant philosophies; as long as we can counter them by rational argument and keep them in check by public opinion, suppression would certainly be most unwise. But we should claim the right to suppress them if necessary even by force; for it may easily turn out that they are not prepared to meet us on the level of rational argument, but begin by denouncing all argument; they may forbid their followers to listen to rational argument, because it is deceptive, and teach them to answer arguments by the use of their fists or pistols.
- The Open Society and Its Enemies [0] https://en.wikipedia.org/wiki/Nirvana_fallacy
[1] https://en.wikipedia.org/wiki/Common_assault |
As too with hate speech, or rather, speech that is considered harmful to society. Blasphemy used to be amongst that list but we have since moved on from the state protecting the majority from religious affront to instead protecting vulnerable minorities from attack and dehumanisation. How hate speech in defined in law very much mirrors the definitions of harassment and assault (which you appear to have no issue with): it is not mere offence and intent is necessary.
> you have no such presumption
Don't I? Freeze peach purists tend to have very similar beliefs. Speak to one and you've effectively spoken to them all.
> Rhetoric doesn't kill people, people kill people
This seems rather incongruous with your earlier quote of how words can incite violence. It's also an extremely American phrase used there to dismiss calls for gun control. I have yet to see an instance where adding proverbial fuel to a flame successfully tames it.
> Have you considered allowing the speech and punishing those who act violently because of their supposed hurt feelings?
Who precisely are you talking about here? Don't hide behind implication, name them.
> as long as we can counter them by rational argument and keep them in check by public opinion
It's interesting that you would quote this because I very much agree: for as long as rational argument is able to counter intolerance, that's all we need, and anything further is not just unnecessary but detrimental. But when rational argument becomes ineffective, as we've seen, then rational argument cannot be solely relied upon. In an age of misinformation and disinformation, the notion of 'just add more speech, that'll solve everything' is not only exceptionally naive but demonstrably ignorant. One need only look at America to see what being the freeze peachiest country gets you. The UK and the rest of Europe have speech restrictions like hate-speech laws because we have intimate knowledge of the devastation of unrestrained hate. Hate cannot be reliably restrained by speech. You may find a case here and there, but it cannot stop a mob.
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If I may make a comparison here, the murder of the CEO of United Healthcare has seemingly opened many people's eyes to society's tolerance of state-sanction death through delays, denials, and deposals, compared to society's extreme horror at a rich person getting gunned down. And yes, them being rich matters: I'm reminded of the sheer difference in effort there was between finding the doomed Titan submersible and finding the lost workers from the Francis Scott Key Bridge collision and collapse. Notice also Mangione's perp walk: you don't get that kind of display when the gunned-down victim is poor.
What I'm getting at here is that many people in society turn a blind eye to the death and misery caused by the system. He's not able to afford his medicine and died? He should've picked a better healthcare package or changed providers. The system is given infinite grace. But when [allegedly] Mangione shot that CEO, the notion that there may have been any justification for it is out of the question. He is infinitely wrong. It was odd watching news coverage of the shooting and how they tip-toed around trying to talk about this, compared to the typical US brazenness with every other topic.
This is circling back to your "punishing those who act violently because of their supposed hurt feelings?" comment. I have my suspicions on who you're referring to, and I'm probably right, but I very much feel like you're doing what I described above, here. It's giving "milkshakes are cement".