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Old 1st July 2012, 10:59 PM   #1
derchin
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Freedom of Speech

A heavily debate topic on numerous forums I visited.

Should people be able to say what's on their mind, whether it's offensive, controversial, unintelligent in nature, or hate-inducing?

If yes, why so?

If no, then what should stay and what should go and why?
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Old 2nd July 2012, 12:02 AM   #2
Korren
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Originally Posted by derchin View Post
A heavily debate topic on numerous forums I visited.

Should people be able to say what's on their mind, whether it's offensive, controversial, unintelligent in nature, or hate-inducing?
Allowed where? In the privacy of their own home? In my home? On the airwaves? On a soap-box in town square? On a privately owned web forum? In an e-mail? In their work e-mail? In a scientific paper? In a television ad? In an anonymous letter? In an anonymous letter to a target of their vitriol? On the public street outside my house, shouting at two a.m. in the night?
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Old 2nd July 2012, 12:26 AM   #3
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Originally Posted by derchin View Post
Should people be able to say what's on their mind, whether it's offensive, controversial, unintelligent in nature, or hate-inducing?

That depends on what you mean by "what's on their mind".

If by "what's on their mind" you mean express a personal opinion during discussion in a way that makes it clear that it's a personal opinion and not necessarily a statement of fact, then yes.

If by "what's on their mind" you mean "allowed to say absolutely anything they want" then no. Slander and libel laws exist for a reason. People shouldn't be allowed to ruin other people's reputations by lying, such as telling people that someone is a registered sex offender, embezzler or kleptomaniac if it's not true.

Beyond this, there's lots of other situations where freedom of speech is legally curtailed, and for good reason. Lying to customers about a product's effectiveness, perjury, incitement to riot. Hell, even speaking up in a courtroom could get you fined for contempt of court.
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Old 2nd July 2012, 01:08 AM   #4
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Which of these should be allowed, by law, in public?

1) "Mr Smith is a paedophile." (In reality, he is an elementary school teacher and not a paedophile).
2) "Crap! Robin Hood airport is closed. You've got a week and a bit to get your **** together otherwise I'm blowing the airport sky high!!" (In reality, he is joking.)
3) "Crap! Robin Hood airport is closed. You've got a week and a bit to get your **** together otherwise I'm blowing the airport sky high!!" (Genuine threat.)
4) "Behead All Those Who Insult the Prophet!" (Written on a placard)
5) "Mohammed Was a Paedophile." (He was too, although most people were a lot more relaxed about peadophilia in those days.)
6) "The Holocaust Is a Lie!" (It is illegal to say this in some countries, particularly in those where there are sensitivity issues.)
7) "Jesus Is a Lie!" (Maybe still blasphemous in the UK although nobody would be convicted for saying it these days nor would any TV shows which said it be prevented from broadcast.)
8) "Let's go downtown and lynch some black people!" (Incitement to racial hatred and murder in many countries).
9) "Fire!" (In a crowded theatre which is not actually on fire.)
10) "Fire!" (In a crowded theatre which is actually burning down.)

The thing is that although all of those statements would get me arrested in some contexts, if I say that it in the context of a forum post then I imagine that they're all legal.
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Old 2nd July 2012, 01:14 AM   #5
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Originally Posted by Korren View Post
Allowed where? In the privacy of their own home? In my home? On the airwaves? On a soap-box in town square? On a privately owned web forum? In an e-mail? In their work e-mail? In a scientific paper? In a television ad? In an anonymous letter? In an anonymous letter to a target of their vitriol? On the public street outside my house, shouting at two a.m. in the night?
I think this is about right. There should be places where you can say almost anything short of inciting a criminal act. But in many other places eg work, it needs to be limits.
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Old 2nd July 2012, 05:30 AM   #6
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Originally Posted by angrysoba View Post
...snip...
7) "Jesus Is a Lie!" (Maybe still blasphemous in the UK although nobody would be convicted for saying it these days nor would any TV shows which said it be prevented from broadcast.)
...snip...
Just as a FYI: It may well be held to be blasphemous by some but the offence of blasphemy was abolished in 2008.
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Old 2nd July 2012, 05:45 AM   #7
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Originally Posted by derchin View Post
A heavily debate topic on numerous forums I visited.

Should people be able to say what's on their mind, whether it's offensive, controversial, unintelligent in nature, or hate-inducing?

If yes, why so?

If no, then what should stay and what should go and why?
Freedom of speech is not freedom of consequence. What people *wishes* is to be able to say what's on their mind without the consequence be it from the government, or their peers looking at them.

Now where that line of "non consequence" "punishment" is set by the government, or your peer , is a matter of culture and history. But even the US has that line somewhere, and no country has a consequence free freedom of speech.

I am fine with how where the line is in most western countries, except the few one with still blasphemy law that is.
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Old 2nd July 2012, 06:20 AM   #8
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Originally Posted by Aepervius View Post
I am fine with how where the line is in most western countries, except the few one with still blasphemy law that is.
You support Holocaust denial laws?

Some countries have such a loose definition of "incitement" that it includes offending someone.
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Old 2nd July 2012, 06:21 AM   #9
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Originally Posted by angrysoba View Post
Which of these should be allowed, by law, in public?

1) "Mr Smith is a paedophile." (In reality, he is an elementary school teacher and not a paedophile).
2) "Crap! Robin Hood airport is closed. You've got a week and a bit to get your **** together otherwise I'm blowing the airport sky high!!" (In reality, he is joking.)
3) "Crap! Robin Hood airport is closed. You've got a week and a bit to get your **** together otherwise I'm blowing the airport sky high!!" (Genuine threat.)
4) "Behead All Those Who Insult the Prophet!" (Written on a placard)
5) "Mohammed Was a Paedophile." (He was too, although most people were a lot more relaxed about peadophilia in those days.)
6) "The Holocaust Is a Lie!" (It is illegal to say this in some countries, particularly in those where there are sensitivity issues.)
7) "Jesus Is a Lie!" (Maybe still blasphemous in the UK although nobody would be convicted for saying it these days nor would any TV shows which said it be prevented from broadcast.)
8) "Let's go downtown and lynch some black people!" (Incitement to racial hatred and murder in many countries).
9) "Fire!" (In a crowded theatre which is not actually on fire.)
10) "Fire!" (In a crowded theatre which is actually burning down.)

The thing is that although all of those statements would get me arrested in some contexts, if I say that it in the context of a forum post then I imagine that they're all legal.

It's good the debate is in this area rather than "Congressman Smith sucks". And let's keep it that way.
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Old 2nd July 2012, 06:24 AM   #10
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Originally Posted by Darat View Post
Just as a FYI: It may well be held to be blasphemous by some but the offence of blasphemy was abolished in 2008.
D'oh! You know what I meant. Anyone good news on the abolition of criminalized blasphemy.
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Old 3rd July 2012, 02:37 PM   #11
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Originally Posted by derchin View Post
A heavily debate topic on numerous forums I visited.

Should people be able to say what's on their mind, whether it's offensive, controversial, unintelligent in nature, or hate-inducing?

If yes, why so?

If no, then what should stay and what should go and why?
Say what you like.
But be prepared to take the consequences.
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Old 3rd July 2012, 08:08 PM   #12
derchin
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Originally Posted by Soapy Sam View Post
Say what you like.
But be prepared to take the consequences.
Verbal? Physical?
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Old 3rd July 2012, 09:43 PM   #13
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Originally Posted by angrysoba View Post
Which of these should be allowed, by law, in public?

1) "Mr Smith is a paedophile." (In reality, he is an elementary school teacher and not a paedophile).
2) "Crap! Robin Hood airport is closed. You've got a week and a bit to get your **** together otherwise I'm blowing the airport sky high!!" (In reality, he is joking.)
3) "Crap! Robin Hood airport is closed. You've got a week and a bit to get your **** together otherwise I'm blowing the airport sky high!!" (Genuine threat.)
4) "Behead All Those Who Insult the Prophet!" (Written on a placard)
5) "Mohammed Was a Paedophile." (He was too, although most people were a lot more relaxed about peadophilia in those days.)
6) "The Holocaust Is a Lie!" (It is illegal to say this in some countries, particularly in those where there are sensitivity issues.)
7) "Jesus Is a Lie!" (Maybe still blasphemous in the UK although nobody would be convicted for saying it these days nor would any TV shows which said it be prevented from broadcast.)
8) "Let's go downtown and lynch some black people!" (Incitement to racial hatred and murder in many countries).
9) "Fire!" (In a crowded theatre which is not actually on fire.)
10) "Fire!" (In a crowded theatre which is actually burning down.)

The thing is that although all of those statements would get me arrested in some contexts, if I say that it in the context of a forum post then I imagine that they're all legal.
All of them, except #9, which is a matter of public safety.

(# 2 and #3 made me giggle. "You've got a week and a bit . . ." tee hee)
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Old 3rd July 2012, 11:36 PM   #14
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Originally Posted by JeanFromBNA View Post
(# 2 and #3 made me giggle. "You've got a week and a bit . . ." tee hee)
They are a direct quote of a tweet that actually got someone prosecuted and sent before the courts. A final decision from the second court of appeal is currently pending.
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Old 4th July 2012, 06:06 AM   #15
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Up until recently I was of the view that freedom of speech should cover everything but very specific instances, such as overt racism or false allegations. Now I'm tending towards a complete freedom of speech, the right to say whatever you like whenever you like to whomever you like. I think existing legislation is sufficient to cover the implications if used correctly, so speech could still be slanderous or threatening or have evidential consequence and be dealt with as such under law, but in absence of these specific factors everything should be allowed.
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Old 4th July 2012, 06:14 AM   #16
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Originally Posted by baron View Post
Now I'm tending towards a complete freedom of speech, the right to say whatever you like whenever you like to whomever you like. I think existing legislation is sufficient to cover the implications if used correctly, so speech could still be slanderous or threatening or have evidential consequence and be dealt with as such under law, but in absence of these specific factors everything should be allowed.
So, basically, what you're saying is that all speech should be free, except such speech that isn't? Or are you conflating non-free speech with censored speech?
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Old 4th July 2012, 06:30 AM   #17
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Originally Posted by Korren View Post
So, basically, what you're saying is that all speech should be free, except such speech that isn't? Or are you conflating non-free speech with censored speech?
Neither, I said that consequence under law should be the basis for any retribution. There's no such thing as censored speech. If one person says to another they must rob a bank otherwise their kid gets killed then various laws outside of speech laws cover the consequence. If someone announces that all homosexuals should be killed or that black people are monkeys then the response should be one of societal condemnation rather than legal action.
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Old 4th July 2012, 10:56 AM   #18
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Originally Posted by baron View Post
Neither, I said that consequence under law should be the basis for any retribution. There's no such thing as censored speech. If one person says to another they must rob a bank otherwise their kid gets killed then various laws outside of speech laws cover the consequence. If someone announces that all homosexuals should be killed or that black people are monkeys then the response should be one of societal condemnation rather than legal action.
What would be the problem with a speech law that would cover that kind of "rob" speech?
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Old 4th July 2012, 11:20 AM   #19
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Originally Posted by Soapy Sam View Post
Say what you like.
But be prepared to take the consequences.
Originally Posted by derchin View Post
Verbal? Physical?
Legal?

The point was to be prepared for the consequences, regardless of the appropriateness of the response..

Exercising your uncompromising right to free speech toward Mike Tyson, might take a different direction than it would with Pee Wee Herman..
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Old 4th July 2012, 12:18 PM   #20
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Originally Posted by mike3 View Post
What would be the problem with a speech law that would cover that kind of "rob" speech?
There's no need for it. Furthermore, any such law runs the risk of criminalising those who deserve to remain innocent as we see on a regular basis.
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Old 4th July 2012, 12:59 PM   #21
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Originally Posted by Beerina View Post
It's good the debate is in this area rather than "Congressman Smith sucks". And let's keep it that way.
But Congressman Smith DOES suck. He's a Congressman, they ALL suck!
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Old 4th July 2012, 09:09 PM   #22
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Originally Posted by JeanFromBNA View Post
All of them, except #9, which is a matter of public safety.
Funny. Christopher Hitchens shouted "Fire!" in a crowded auditorium as part of his speech, and nobody got hurt. Perhaps you could get the State to sue his estate.

Incidentally, if Holmes' statement in the context he said it were taken seriously, every war protestor would have been executed by now. Hooka dooka!
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Old 5th July 2012, 07:49 AM   #23
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Originally Posted by epepke View Post
Funny. Christopher Hitchens shouted "Fire!" in a crowded auditorium as part of his speech, and nobody got hurt. Perhaps you could get the State to sue his estate.
Where did I say I wanted to do that? Have much fun hiding cheap insults behind your fascinating internet personality?
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Old 5th July 2012, 07:58 AM   #24
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You can say anything you want, in whatever venue you choose.

You then have to accept the consequences for that speech.

I see no problem.
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Old 5th July 2012, 08:03 AM   #25
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Well, absolutism is wrong, absolutely. And if thine ear burneth, rippe out thy neighbor's tongue.

Maybe there should be a democratic exemption where politicians can silence particularly outrageous statements as long as most people feel mmmmmmgmgggphf
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Old 6th July 2012, 06:04 AM   #26
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Originally Posted by WildCat View Post
You support Holocaust denial laws?

Some countries have such a loose definition of "incitement" that it includes offending someone.
I think I read about a canadian mathematics (Tremaine I think his lastname was) teacher who got jailtime for writing on Stormfront et al in a manner inline with the given forum (i.e, denoted as hate-speech or something to that end). Is it that strict in Canada?
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Old 6th July 2012, 06:05 AM   #27
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Originally Posted by BStrong View Post
You can say anything you want, in whatever venue you choose.

You then have to accept the consequences for that speech.

I see no problem.
"I see no problem" regardless of what those consequences might be?
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