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[Hate Speech]: how America (and the world) deals with it

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Posts

  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.

    You view government as "the enemy" and feel like it is out to get you.

    I find that sentiment hopelessly anarchistic. I can understand it intellectually but don't relate to it at all.

  • GrouchGrouch Registered User regular
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.
    But... it kind of is. Would you say that a government that imposes the same penalty for every instance of a particular crime, with no flexibility to reflect the perpetrator's circumstances, the victim's circumstances, the perpetrator's genuine expressions of remorse, etc. is working all that well?

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    Grouch wrote: »
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.
    But... it kind of is. Would you say that a government that imposes the same penalty for every instance of a particular crime, with no flexibility to reflect the perpetrator's circumstances, the victim's circumstances, the perpetrator's genuine expressions of remorse, etc. is working all that well?

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    No no, what we really need is even harsher prison sentences for <whatever type of drugs it is black people are using but definitely not the prescription drugs white people are abusing>.

    We're down to like 20 years minimum for a few grams of crack and there is talk of even paroling some of these people. Please think of the children vote "yes" to "worst criminal justice system in the entire god damn first world".
  • spool32spool32 Contrary Library Registered User regular
    Grouch wrote: »
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.
    But... it kind of is. Would you say that a government that imposes the same penalty for every instance of a particular crime, with no flexibility to reflect the perpetrator's circumstances, the victim's circumstances, the perpetrator's genuine expressions of remorse, etc. is working all that well?

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    I see that punishment as horribly out of line with me yelling a hateful thing at a black dude.

    Two years in jail for shouting the n-word? What?

    That's the definition of draconian sentencing.
    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • tinwhiskerstinwhiskers Registered User regular
    edited May 2013
    Grouch wrote: »
    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    The penalties in Lawrence v Texas was a class C misdemeanor; max Fine $500 no jail time. Clearly not enough of a penalty to be even worth challenging.
    tinwhiskers on
  • mcdermottmcdermott Registered User regular
    Grouch wrote: »
    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    The penalties in Lawrence v Texas was a class C misdemeanor; max Fine $500 no jail time. Clearly not enough of a penalty to be even worth challenging.

    Wikipedia seems to suggest the accused requested higher penalties than they were given, as the actual penalty imposed did not meet the minimum for an appeal.
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.

    You view government as "the enemy" and feel like it is out to get you.

    I find that sentiment hopelessly anarchistic. I can understand it intellectually but don't relate to it at all.

    That's some pretty big hyperbole.

    There's little doubt that some of our police are incompetent and corrupt. There's also little doubt that our judges need to go under some serious review. We've got dozens of stories and incidents that I feel it to be intellectually insulting to link them here.

    You can criticize the government and be wary of it (A legal system that charges a 12 year old millions for stolen songs, for instance) without outright thinking it's your enemy and it's actively working against you at all times.

    Is this a character assassination attempt? Far be it from me to come running to the defense of Spool (He's a big boy and I don't think we've ever agreed on anything) but this is just fucking goosefeathers here.
  • GrouchGrouch Registered User regular
    spool32 wrote: »
    Grouch wrote: »
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.
    But... it kind of is. Would you say that a government that imposes the same penalty for every instance of a particular crime, with no flexibility to reflect the perpetrator's circumstances, the victim's circumstances, the perpetrator's genuine expressions of remorse, etc. is working all that well?

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    I see that punishment as horribly out of line with me yelling a hateful thing at a black dude.

    Two years in jail for shouting the n-word? What?

    That's the definition of draconian sentencing.

    So that's happened, has it?
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    I am thoroughly enjoying the attempt to link hate speech laws with sodomy laws. These things are surely very similar if not exactly the same.

    Who was it who said that just being gay is essentially a hate crime against wing nut conservatives?

    Yeah.

    America.
  • LeitnerLeitner Registered User regular
    spool32 wrote: »
    Grouch wrote: »
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.
    But... it kind of is. Would you say that a government that imposes the same penalty for every instance of a particular crime, with no flexibility to reflect the perpetrator's circumstances, the victim's circumstances, the perpetrator's genuine expressions of remorse, etc. is working all that well?

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    I see that punishment as horribly out of line with me yelling a hateful thing at a black dude.

    Two years in jail for shouting the n-word? What?

    That's the definition of draconian sentencing.

    The actual chance of someone getting two years even as a suspended sentence for Section 4a R&R is non-existent.
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    I am thoroughly enjoying the attempt to link hate speech laws with sodomy laws. These things are surely very similar if not exactly the same.

    Who was it who said that just being gay is essentially a hate crime against wing nut conservatives?

    Yeah.

    America.

    Horsefeathers.

    You're playing ball on both sides of the field, making it impossible to argue anything. If you say the police are bad and the electorate is bad and someone else uses this in an argument you go off on "WELL FUCK AMERICA THEN IF THE COUNTRY SUCKS SO BAD JUST LEAVE", and if someone posts something in favor of the way the country works you do this mocking of supernationalists USA USA bullshit just to be a goose.

    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.
  • spool32spool32 Contrary Library Registered User regular
    Leitner wrote: »
    spool32 wrote: »
    Grouch wrote: »
    spool32 wrote: »
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.


    But the U.K. has such a police state problem that we're all so very chilled by it.


    ooooooh it's scary.

    *hard eyeroll*

    The US police are terrible. We should use the police in the US to regulate peoples speech. Spot the flaw.

    If your police are indistinguishable from a group of gangsters and your government is an alien entity that looms over you without even understanding you, let alone reflecting your values, then once again:

    You are surely correct that you cannot be trusted with the responsibility to write laws however you have such serious systemtic problems that you should probably consider moving and possibly burning the country down on your way out. Free speech is the least of your converns; you are living in a failed state.

    The definition of a working government is not one in which the judicial system shows mercy on you in its oppression and doesn't impose the draconian legal penalty it could, out of a sense of kindness.
    But... it kind of is. Would you say that a government that imposes the same penalty for every instance of a particular crime, with no flexibility to reflect the perpetrator's circumstances, the victim's circumstances, the perpetrator's genuine expressions of remorse, etc. is working all that well?

    It is one in which draconian legal penalties aren't possible and the government has no power to impose them. The closer we get to restraining government such that it does what we need and cannot inflict excessive harm on us in the process, the better off we are.
    Yes, we definitely need to be protected from such draconian punishments as two years in prison (less time served) with eligibility for full parole after 8 months.

    I see that punishment as horribly out of line with me yelling a hateful thing at a black dude.

    Two years in jail for shouting the n-word? What?

    That's the definition of draconian sentencing.

    The actual chance of someone getting two years even as a suspended sentence for Section 4a R&R is non-existent.

    Circle back to my posts about the chilling effect. It doesn't have to come to pass, as long as it's possible.

    It should be impossible, rather than merely unlikely (assuming the government shows mercy).

    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • PantsBPantsB Registered User regular
    edited May 2013
    I am thoroughly enjoying the attempt to link hate speech laws with sodomy laws. These things are surely very similar if not exactly the same.

    Who was it who said that just being gay is essentially a hate crime against wing nut conservatives?

    Yeah.

    America.

    You were the one that suggested that laws that violated rights but were infrequently enforced were no big deal.

    The right to have same sex intercourse free from governmental prosecution is not more fundamental than the right to express unpopular ideas free from governmental prosecution.
    PantsB on
    11793-1.png
    day9gosu.png
    QEDMF xbl: PantsB G+
  • SaammielSaammiel Registered User regular
    edited May 2013
    It's amusing that we're so very deeply "chilled" by a couple protesters in Britain getting arrested and then quickly released.

    Whereas here in the U.S. when the police make mistakes it involves kicking in doors and hosing down little old ladies with automatic weapons fire.

    No one gets released unharmed later because whoops they're dead.

    Right, because it is utterly impossible to hold the position that the police in various US jurisdictions frequently over-reach and that has terrible consequences AND that hate speech laws have a chilling effect on speech. I'm not even sure what your point, if you had any, was.
    Saammiel on
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    That's some pretty big hyperbole.

    I disagree. I think it is only mild hyperbole.
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    PantsB wrote: »
    I am thoroughly enjoying the attempt to link hate speech laws with sodomy laws. These things are surely very similar if not exactly the same.

    Who was it who said that just being gay is essentially a hate crime against wing nut conservatives?

    Yeah.

    America.

    You were the one that suggested that laws that violated rights but were infrequently enforced were no big deal.

    No, that was your suggestion!

    I suggested that the police making a handful of mistakes in interpreting a law was not a sign that the law was a messy catastrophe. They were set straight and hopefully will not make the same inappropriate arrest again in the future.
  • _J__J_ Pedant Registered User regular
    That's some pretty big hyperbole.

    I disagree. I think it is only mild hyperbole.

    This post made me wonder how inverse-hyperbole works. "It's SOOOOOO insignificant and SOOOOO small, etc."
  • Knuckle DraggerKnuckle Dragger Explosive Ovine Disposal Registered User regular
    Rather than looking to other countries for an applicable law, can someone in favor of this make an argument for any such law passing strict scrutiny? Namely, what is the compelling interest, and how is this the least restrictive means(as opposed to, say, actually enforcing laws against harassment or incitement)

    No one seems to feel a hate speech law is a viable possibility in the U.S. which leaves this a hypothetical discussion.

    To be fair, if you can't pass strict scrutiny, then the law would not be viable. I'm not asking if we should have these laws; in asking if, Constitutionally, we even can.
    sig-2699.jpg Iosif is friend. Come, visit friend.
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    edited May 2013
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)
    Regina Fong on
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    _J_ wrote: »
    That's some pretty big hyperbole.

    I disagree. I think it is only mild hyperbole.

    This post made me wonder how inverse-hyperbole works. "It's SOOOOOO insignificant and SOOOOO small, etc."

    It hurts and I usually leave the bedroom crying.
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    Rather than looking to other countries for an applicable law, can someone in favor of this make an argument for any such law passing strict scrutiny? Namely, what is the compelling interest, and how is this the least restrictive means(as opposed to, say, actually enforcing laws against harassment or incitement)

    No one seems to feel a hate speech law is a viable possibility in the U.S. which leaves this a hypothetical discussion.

    To be fair, if you can't pass strict scrutiny, then the law would not be viable. I'm not asking if we should have these laws; in asking if, Constitutionally, we even can.

    The answer then is "It is very unlikely"
  • PantsBPantsB Registered User regular
    Rather than looking to other countries for an applicable law, can someone in favor of this make an argument for any such law passing strict scrutiny? Namely, what is the compelling interest, and how is this the least restrictive means(as opposed to, say, actually enforcing laws against harassment or incitement)

    No one seems to feel a hate speech law is a viable possibility in the U.S. which leaves this a hypothetical discussion.

    To be fair, if you can't pass strict scrutiny, then the law would not be viable. I'm not asking if we should have these laws; in asking if, Constitutionally, we even can.

    RAV v St Paul says no.
    11793-1.png
    day9gosu.png
    QEDMF xbl: PantsB G+
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

  • Knuckle DraggerKnuckle Dragger Explosive Ovine Disposal Registered User regular
    Rather than looking to other countries for an applicable law, can someone in favor of this make an argument for any such law passing strict scrutiny? Namely, what is the compelling interest, and how is this the least restrictive means(as opposed to, say, actually enforcing laws against harassment or incitement)

    No one seems to feel a hate speech law is a viable possibility in the U.S. which leaves this a hypothetical discussion.

    To be fair, if you can't pass strict scrutiny, then the law would not be viable. I'm not asking if we should have these laws; in asking if, Constitutionally, we even can.

    The answer then is "It is very unlikely"
    Alright, so is there a Constitutional solution that we can enact that would satisfy at least some of Hacksaw's concerns? i.e. how far can we push laws against incitement, etc... without becoming over broad, and how far should we?

    sig-2699.jpg Iosif is friend. Come, visit friend.
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

    Well there you go. Give an honest answer to clarify things and you get back poo poo.

    Because saying that democracy is struggling in this country is just totally the same as saying we're Best Korea.
  • GrouchGrouch Registered User regular
    edited May 2013
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

    If there's one thing I'm taking away from this discussion, it's that hate speech laws don't really seem to change much one way or another. Countries with hate speech laws haven't seen those laws abused on a large scale (if there has been abuse at all), and they still have a totally robust political discourse. Countries without hate speech laws are not immune from governmental overreach, and whatever racial (etc.) tensions exist are slowly abating. Hate speech laws are neither a catastrophe waiting to happen nor a panacea.
    Grouch on
  • saint2esaint2e Registered User regular
    PantsB wrote: »
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    Hate speech is speech whose content is considered discriminatory towards a group or group such that "exposes them to hate" or "seeks to delegitimize a group." It says that people might be swayed by expressions that claim homosexual sex is immoral (or that women are inferior or minority groups dumb etc) and that the negative effect of people being convinced is enough to ban the speech.

    In Canada, their Supreme Court recently ruled that it was explicitly about "curtailing public expression" of positions they think are distant "from the core values" and "because it does little to promote, and can in fact impede, the values underlying freedom of expression."

    They have defined an orthodoxy ("core values"), decided a position is harmful to those core values, and forbidden it from being expressed even when "expression falls within political speech", if its "part of a larger public discourse," even if true because "[t]ruthful statements can be presented in a manner that would meet the definition of hate speech", and "not all truthful statements must be free from restriction", that cannot be "excused by a sincerely held belief" or if in a greater work contains valuable content because "even one phrase or sentence" is enough to ban the entire work.

    "Hate speech" is a new way to say blasphemy to the orthodox position in a multicultural society. That being multicultural is good is no more than the point than whether or not Christian (or Muslim or whatever) theology is correct/good/beneficial. Its a class of speech that is prohibited, punishable and banned because people might listen and agree with it. In a modern, tolerant culture the damage is people would become less tolerant and minorities may feel less accepted by the majority. In a previous iteration, the majority may become less pious and non-religious may feel less incentive to have their "souls saved".

    In each paradigm - multiculturalism and religion - there's a deep moral reason that the unorthodox position is harmful to hold which provides a justification for prohibiting its expression. But the restriction of unorthodox/minority positions is also antithetical to the actual core, underlying philosophy of those paradigms.

    This definition is what makes me nervous about hate speech laws. Especially the bolded part. If a hate speech law was constructed that way, I would want it shot down.
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  • JeedanJeedan Registered User regular
    Grouch wrote: »
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

    If there's one thing I'm taking away from this discussion, it's that hate speech laws don't really seem to change much one way or another. Countries with hate speech laws haven't seen those laws abused on a large scale (if there has been abuse at all), and they still have a totally robust political discourse. Countries without hate speech laws are not immune from governmental overreach, and whatever racial (etc.) tensions exist are slowly abating. Hate speech laws are neither a catastrophe waiting to happen nor a panacea.

    Yeah someone made a good point way back at the beginning of the thread that the amount of freedom of expression you have has way to do more with the way your country is fundamentally constructed than anything else.
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  • PantsBPantsB Registered User regular
    edited May 2013
    Jeedan wrote: »
    Grouch wrote: »
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

    If there's one thing I'm taking away from this discussion, it's that hate speech laws don't really seem to change much one way or another. Countries with hate speech laws haven't seen those laws abused on a large scale (if there has been abuse at all), and they still have a totally robust political discourse. Countries without hate speech laws are not immune from governmental overreach, and whatever racial (etc.) tensions exist are slowly abating. Hate speech laws are neither a catastrophe waiting to happen nor a panacea.
    Yeah someone made a good point way back at the beginning of the thread that the amount of freedom of expression you have has way to do more with the way your country is fundamentally constructed than anything else.
    I would suggest that the history of the United States indicates causality is backwards there. Freedom of Expression made Women's Suffrage marches possible, made abolitionists pamphlets possible, made the Civil Rights movement possible, made the LGBT movement possible.
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  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    PantsB wrote: »
    Jeedan wrote: »
    Grouch wrote: »
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

    If there's one thing I'm taking away from this discussion, it's that hate speech laws don't really seem to change much one way or another. Countries with hate speech laws haven't seen those laws abused on a large scale (if there has been abuse at all), and they still have a totally robust political discourse. Countries without hate speech laws are not immune from governmental overreach, and whatever racial (etc.) tensions exist are slowly abating. Hate speech laws are neither a catastrophe waiting to happen nor a panacea.
    Yeah someone made a good point way back at the beginning of the thread that the amount of freedom of expression you have has way to do more with the way your country is fundamentally constructed than anything else.
    I would suggest that the history of the United States indicates causality is backwards there. Freedom of Expression made Women's Suffrage marches possible, made abolitionists pamphlets possible, made the Civil Rights movement possible, made the LGBT movement possible.

    People wanting it is what made it happen. It works the other way around to, with the public wanting repression and theocracy and whoops now we're stoning people to death for showing some ankle. In the south there were a litany of legal measures that were thrown up to try and block civil rights for blacks. In the end, legislating to try and stop it didn't work because people wouldn't shut up; they wanted it. If more of them had been thrown in prison, if there had been more laws trying to stop them, I doubt the end result would have been different. Unless you're in a totalitarian state with a government backed by military force, the government is ultimately going to reflect what the people desire it to be. And sometimes that means the gay roller rolling out civil rights and sometimes it means sharia law.

  • Jebus314Jebus314 Registered User regular
    edited May 2013
    First, I found this oxford pdf that outlines the hate speech laws in several different counties and a little bit about how it is implemented. Definitely interesting.

    Second, I don't really buy the whole "other countries have hate speech laws but aren't totalitarian hell holes, so we can too!" argument. Canada for example has already used their hate speech laws to ban religious people from handing out anti gay fliers and initial banned anti gay opinion pieces. While I absolutely detest the sentiment that these people were spreading, I also find it upsetting that canada is censoring their religious views. I should note that neither case involved any suggestions of violence or discrimination. They were simply religious people spreading their incorrect viewpoint that being homosexual is immoral.

    The ottawa attorney general has also (albeit unsuccessfully), tried to bar eminem from performing in canada on the basis of their hate speech laws. While you can claim that is a success in terms of hate speech laws not being abused, the fact that high ranking officials think it was appropriate and are actively pushing for that use is in my mind very troublesome. All it takes is one judge to then agree with the attorney general and now you are censoring art that you don't agree with.

    Really you don't have to look any further than anti-piracy laws in the US to see why writing even very targeted legislation almost always leads to suppression of competition/ideas that you didn't intend for. Link to consequences of DMCA. I have no idea how biased/falsified that link is, but it seems to bring up some pretty good examples of the DMCA law being used to suppress research/competition. The idea that you could create this magic hate speech law that will never be used to suppress legit view points that people disagree with just doesn't seem likely. Sure it wouldn't lead to immediate implementation of 1984 like government, but it will almost certainly be used eventually in a way that goes against the idea of freedom of ideas.
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  • GrouchGrouch Registered User regular
    PantsB wrote: »
    Jeedan wrote: »
    Grouch wrote: »
    You're in favor of regulating hate speech but absolutely refuse to see how it could backfire in a country where every time we try to legislate morality it fucking blows up in our face (Prohibition, Marijuana illegality, Equal Rights, Sexual Offender Laws) with alarming reguarity.

    If you've been reading the thread you will see that I'm only in favor of Americans not being overly presumptuous when discussing these sorts of laws in other countries.

    That was what originally spawned this thread. We've drifted conversationally and I've made some arguments in favor of hypothetical hate speech legislation, with the understanding that we'll never see them come to pass due to the 1st amendment.

    Really my opinion on this can be summarized as two distinct points:

    1) Hate speech laws do not lead to harsh restrictions on public discourse in a healthy democracy

    2) American democracy is struggling and we're not in a position to tell other countries how to manage civil liberties any longer (and perhaps we never were)

    Yeah. When I go outside and walk around the only thing I think of is how much this place reminds me of North Korea or 1800's Georgia.

    If there's one thing I'm taking away from this discussion, it's that hate speech laws don't really seem to change much one way or another. Countries with hate speech laws haven't seen those laws abused on a large scale (if there has been abuse at all), and they still have a totally robust political discourse. Countries without hate speech laws are not immune from governmental overreach, and whatever racial (etc.) tensions exist are slowly abating. Hate speech laws are neither a catastrophe waiting to happen nor a panacea.
    Yeah someone made a good point way back at the beginning of the thread that the amount of freedom of expression you have has way to do more with the way your country is fundamentally constructed than anything else.
    I would suggest that the history of the United States indicates causality is backwards there. Freedom of Expression made Women's Suffrage marches possible, made abolitionists pamphlets possible, made the Civil Rights movement possible, made the LGBT movement possible.
    Of course the other side of that is that parts of the US were rather late to the party when it came to abolishing slavery, and the US did not exactly lead the way with respect to women's suffrage, having been beaten to the punch by countries as diverse as Australia, Azerbaijan, Denmark, Germany, Latvia, New Zealand, Russia, and Zimbabwe. And the US continues to lag behind a number of countries with hate speech laws on the LGBT front.
  • shrykeshryke Registered User regular
    Jebus314 wrote: »
    First, I found this oxford pdf that outlines the hate speech laws in several different counties and a little bit about how it is implemented. Definitely interesting.

    Second, I don't really buy the whole "other countries have hate speech laws but aren't totalitarian hell holes, so we can too!" argument. Canada for example has already used their hate speech laws to ban religious people from handing out anti gay fliers and initial banned anti gay opinion pieces. While I absolutely detest the sentiment that these people were spreading, I also find it upsetting that canada is censoring their religious views. I should note that neither case involved any suggestions of violence or discrimination. They were simply religious people spreading their incorrect viewpoint that being homosexual is immoral.

    Except this proves exactly the point you "don't buy".

    The ottawa attorney general has also (albeit unsuccessfully), tried to bar eminem from performing in canada on the basis of their hate speech laws. While you can claim that is a success in terms of hate speech laws not being abused, the fact that high ranking officials think it was appropriate and are actively pushing for that use is in my mind very troublesome. All it takes is one judge to then agree with the attorney general and now you are censoring art that you don't agree with.

    Stupid people think alot of things. See: The US House of Representatives
    And yet, nothing came of it because the AG was being stupid and the law was not on his side.

    Both your examples prove the same point and it's not the one you are trying to make.

    Really you don't have to look any further than anti-piracy laws in the US to see why writing even very targeted legislation almost always leads to suppression of competition/ideas that you didn't intend for. Link to consequences of DMCA. I have no idea how biased/falsified that link is, but it seems to bring up some pretty good examples of the DMCA law being used to suppress research/competition. The idea that you could create this magic hate speech law that will never be used to suppress legit view points that people disagree with just doesn't seem likely. Sure it wouldn't lead to immediate implementation of 1984 like government, but it will almost certainly be used eventually in a way that goes against the idea of freedom of ideas.

    Right, so back to the slippery slope.
  • GrouchGrouch Registered User regular
    edited May 2013
    Jebus314 wrote: »
    First, I found this oxford pdf that outlines the hate speech laws in several different counties and a little bit about how it is implemented. Definitely interesting.

    Second, I don't really buy the whole "other countries have hate speech laws but aren't totalitarian hell holes, so we can too!" argument. Canada for example has already used their hate speech laws to ban religious people from handing out anti gay fliers and initial banned anti gay opinion pieces. While I absolutely detest the sentiment that these people were spreading, I also find it upsetting that canada is censoring their religious views. I should note that neither case involved any suggestions of violence or discrimination. They were simply religious people spreading their incorrect viewpoint that being homosexual is immoral.
    I'm sorry, but the pamphlets that Mr. Whatcott handed out were not "simply religious people spreading their incorrect viewpoint that being homosexual is immoral."
    We also believe that for sodomites and lesbians who want to remain in their lifestyle and proselytize vulnerable young people that civil law should discriminate against them. In 1968 it was illegal to engage in homosexual acts, now it is almost becoming illegal to question any of their sick desires. Our children will pay the price in disease, death, abuse and ultimately eternal judgement if we do not say no to the sodomite desire to socialize your children into accepting something that is clearly wrong.
    That's a quote from one of the pamphlets. What part of it would you say is a simple religious belief?

    The ottawa attorney general has also (albeit unsuccessfully), tried to bar eminem from performing in canada on the basis of their hate speech laws. While you can claim that is a success in terms of hate speech laws not being abused, the fact that high ranking officials think it was appropriate and are actively pushing for that use is in my mind very troublesome. All it takes is one judge to then agree with the attorney general and now you are censoring art that you don't agree with.

    Really you don't have to look any further than anti-piracy laws in the US to see why writing even very targeted legislation almost always leads to suppression of competition/ideas that you didn't intend for. Link to consequences of DMCA. I have no idea how biased/falsified that link is, but it seems to bring up some pretty good examples of the DMCA law being used to suppress research/competition. The idea that you could create this magic hate speech law that will never be used to suppress legit view points that people disagree with just doesn't seem likely. Sure it wouldn't lead to immediate implementation of 1984 like government, but it will almost certainly be used eventually in a way that goes against the idea of freedom of ideas.
    No law will ever be implemented perfectly all the time. But, of course, we don't see the predicted overreaches and major chilling of discourse. Every so often we do see someone try to get take the hate speech law ball and run with it, but those cases typically go nowhere, and provide useful precedent to restrain people from trying to pull the same stunt.
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  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    Legislating criminality tends to avoid the slippery slope.

    Legislating morality on the other hand...
  • shrykeshryke Registered User regular
    edited May 2013
    Legislating criminality tends to avoid the slippery slope.

    Legislating morality on the other hand...

    This is like a slipper slope fallacy squared.


    Alternatively

    Dot Dot Dot: For when you don't have an actual example to use
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  • AstaerethAstaereth Registered User regular
    edited May 2013
    Grouch wrote: »
    Astaereth wrote: »
    Grouch wrote: »
    Astaereth wrote: »
    Grouch wrote: »
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    I would define hate speech as false--presented as true--statements (the plural is key), directed at or about an identifiable group (using the statutory definition) intended to alienate, disenfranchise, and otherwise disempower the target group or, if believed, engender feelings of extreme hostility towards the target group.

    What does that mean in a practical sense? It means that South Park episodes are not hate speech, because South Park does not, to my knowledge, claim to be a documentary. It means that "I hate the WBC" is not hate speech because that's just a single statement of opinion and it is unlikely to have any effect on how members of the church feel, or people feel about members of the church. It means that "Mormons are bigots" is not hate speech because, again, that's just a single statement (and the truth of it is arguable). EDIT: Also not hate speech are things like "gay people should be allowed to get married" and "abortion should be legal". I hope I don't have to explain why.

    So what is hate speech? It almost always involves fairly substantial bodies of work, released over a significant period of time. The constitutional test case--because Canada enshrines the right to freedom of expression in its Charter of Rights and Freedoms--was R v. Keegstra. Mr. Keegstra was a high school teacher, and this is how the Supreme Court of Canada described his pattern of behaviour (over the course of about a decade):
    Mr. Keegstra's teachings attributed various evil qualities to Jews. He thus described Jews to his pupils as "treacherous", "subversive", "sadistic", "money-loving", "power hungry" and "child killers". He taught his classes that Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution. According to Mr. Keegstra, Jews "created the Holocaust to gain sympathy" and, in contrast to the open and honest Christians, were said to be deceptive, secretive and inherently evil. Mr. Keegstra expected his students to reproduce his teachings in class and on exams. If they failed to do so, their marks suffered.

    That kind of thing is hate speech.

    Another kind of expression that may fall under the hate speech umbrella is a demonstration meant to intimidate and insult a vulnerable minority. I don't know how R v. Krymowski shook out in the end (acquittals on what amounted to a technicality were appealed to the SCC, who sent it back to be tried again), but the behaviour that triggered it was something like this:
    On August 26, 1997, about 25 persons participated in a demonstration in front of the Lido Motel in Scarborough, Ontario, which at that time was temporarily housing the refugees while they awaited the outcome of their claims. The demonstration included chants and placards. The placards stated, among other things, “Honk if you hate Gypsies”, “Canada is not a Trash Can”, “You’re a cancer to Canada” and “G.S.T. — Gypsies Suck Tax”. The chants included statements such as “Gypsies Out”, “How do you like Canada now?” and “White power”. Some participants were seen giving the “Sieg Heil” Nazi salute. Nazi and American Confederate flags were used in the demonstration. Some of the clothing, accessories and footwear worn by the demonstrators was described as typical “Skinhead” accoutrements.

    That kind of thing could be hate speech.

    Those are both examples of hate speech, yes. I fail to see why they need special laws in order to deal with them, though. A high school teacher teaching things that aren't true should be fired, not prosecuted.
    He was also fired. I'm curious why you think he should not have been prosecuted. Do you have an argument that doesn't rely on slippery slope concerns? Ordinarily, these debates proceed from the position that, because hate speech laws aren't on the books in the US, people in favour of hate speech laws need to convince opponents why the laws should exist. But now we're talking about a country that has hate speech laws on the books, so maybe you can argue why Canada should get rid of them.

    Actually, I think this is a weird example because he's a teacher; while that's a good example of hate speech, it's specifically hate speech coming from a government employee (unless this was a private school). I'm perfectly fine with policing the behavior and speech of government employees differently than we do regular citizens, because government employees speak with governmental authority. Put Keegstra on a street corner talking to a group of students on a field trip and I don't give a shit; put him in a classroom, with a teacher's authority and (assumed) monopoly on truth to his students, and now you have a problem.

    I'm also, for the third or so time, not arguing that Canada should get rid of its speech laws. I don't think they're good, certainly; but if Canada wants to have less free speech, it's not my place to tell them so (or rather, it's such a minor human rights issue that I just don't care compared to everything else going on in the world; there are much worse countries in general and many that are much worse specifically in terms of speech).

    My argument that they're not good is that they restrict the free expression of ideas, something I believe to be of fundamental importance to a functioning democracy; that they set a bad example to nations struggling to establish the principle of free speech; and that deliberately suppressing ideas lends those ideas a legitimacy they would not otherwise have in the open marketplace of speech, as well as preventing hate groups from having a peaceful way to express their beliefs.
    In what way is "the free expression of ideas ... of fundamental importance to a functioning democracy"? To me, it seems like you're saying that without granting its citizenry the completely untrammeled ability to express whatever idea one wants, the democratic project in a country is destined to fail, or at least function poorly. But where's the evidence, and what of the evidence to the contrary?

    I think it depends on how you define functioning. Democracy is not truly functioning correctly, in my opinion, unless everyone is allowed to freely participate in the process. In that sense, the fact that hate speech laws have led some countries to ban political parties is really all I need to say in terms of evidence. I'm not arguing that countries with hate speech laws will descend into madness, poverty and plague; I'm saying that, empirically, a democracy that governs without the consent of some of the governed is not a good or healthy democracy, however it may appear to the unaffected majority. To paraphrase, "in its infinite wisdom, the government permits all men to speak to the approved truth, whether they believe in it or not" is no way to run a society, even if the trains are still on time.
    If one statement about hating bigots doesn't qualify as hate speech, what about a counter-protest? That's likely to have an affect on how people feel about the group.
    You tell me. I've given you a definition of hate speech. Describe a counter-protest in some detail, and then tell me how it is or is not hate speech, based on my definition.

    I'm thinking specifically of some WBC counter protests. Here's a link to some signs from one of them. These include calling them "dicks," telling them to "drink the Kool-Aid already", saying "they suck" and "Fuck Westboro", holding up a sign pointing to them that says "Free Hand Jobs", and otherwise insulting, deriding, and mocking them. Another from a different link reads "God Hates People Who Say They Know Who God Hates." Does this fall under your definition of hate speech?
    No, no. You tell me. Work it through.

    I apologize, I read this incorrectly when I was bleary eyed this morning as "describe a counter-protest and I'll tell you how it is or is not hate speech based on my definition."

    I think the protest I described is blatantly hate speech under your definition. It's directed at a religious group, it contains multiple insulting and false statements about that group with the goal of enforcing behavior on that group (getting them to stop protesting, that day and presumably in general). It contains the equivalent of "why don't you just commit suicide?" which seems no different in form than the bullying of suicidal LGBT teens cited earlier in the thread. And if "God Hates Fags" is hate speech, "God Hates [You]" must also be hate speech.
    Also, Confederate flags count as hate speech? Lock up the South! (Hey, maybe there's something to this hate speech law idea after all...)
    I really don't want to play this stupid game. The law I quoted refers to "statements", the definition I provided emphasizes "statements" and I even drew further attention to the importance of the plural form. Given that, I hope you realize that it's transparently cheap and disingenuous to pull a single sign or statement out of a body of expression that might, when taken as a whole, constitute hate speech, and say "oh wow, you think this single thing is hate speech?"

    The law you quoted refers to statements, but the body of expression you quoted included both statements and a lot of people merely identifying with a racist subculture ("White Power", the Hitler salute, Confederate flags) and behind my joke, I'm wondering how that factors into these considerations. It seems to me very problematic for a government to decide that a particular group is evil and that identifying with that group can be considered at the very least contributive to a determination that certain statements fall under the hate speech statute.
    I'm not sure that there is any governmental edict that says "All members of white supremacist groups are hereby declared evil" or anything like that. Do you really find it problematic that a judge would look at a person's membership in a given group for insight into what their beliefs might be?

    Do I find "guilt by association" problematic? Yes. "Are you now, or have you ever been a part of..." is some scary, scary stuff.
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  • PantsBPantsB Registered User regular
    edited May 2013
    Grouch wrote: »
    We also believe that for sodomites and lesbians who want to remain in their lifestyle and proselytize vulnerable young people that civil law should discriminate against them. In 1968 it was illegal to engage in homosexual acts, now it is almost becoming illegal to question any of their sick desires. Our children will pay the price in disease, death, abuse and ultimately eternal judgement if we do not say no to the sodomite desire to socialize your children into accepting something that is clearly wrong.
    That's a quote from one of the pamphlets. What part of it would you say is a simple religious belief?
    All of it? Just because you (and frankly I) think its dumb doesn't mean its not the expression of a religious position, political though or matter of public interest. This person is asserting

    Gay sex is immoral.
    There will be consequences if gay sex becomes increasingly acceptable
    Therefore civil law should discriminate against them.

    and

    Despite the relatively recent prohibited status of same gender sex, there is now substantial resistance to voicing opposition to the increasing perceived legitimacy of open homosexuals.


    The first might be wrong but its still an opinion, and the latter cleared had at least some truth.

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  • Jebus314Jebus314 Registered User regular
    shryke wrote: »
    Jebus314 wrote: »
    First, I found this oxford pdf that outlines the hate speech laws in several different counties and a little bit about how it is implemented. Definitely interesting.

    Second, I don't really buy the whole "other countries have hate speech laws but aren't totalitarian hell holes, so we can too!" argument. Canada for example has already used their hate speech laws to ban religious people from handing out anti gay fliers and initial banned anti gay opinion pieces. While I absolutely detest the sentiment that these people were spreading, I also find it upsetting that canada is censoring their religious views. I should note that neither case involved any suggestions of violence or discrimination. They were simply religious people spreading their incorrect viewpoint that being homosexual is immoral.

    Except this proves exactly the point you "don't buy".

    The ottawa attorney general has also (albeit unsuccessfully), tried to bar eminem from performing in canada on the basis of their hate speech laws. While you can claim that is a success in terms of hate speech laws not being abused, the fact that high ranking officials think it was appropriate and are actively pushing for that use is in my mind very troublesome. All it takes is one judge to then agree with the attorney general and now you are censoring art that you don't agree with.

    Stupid people think alot of things. See: The US House of Representatives
    And yet, nothing came of it because the AG was being stupid and the law was not on his side.

    Both your examples prove the same point and it's not the one you are trying to make.

    Really you don't have to look any further than anti-piracy laws in the US to see why writing even very targeted legislation almost always leads to suppression of competition/ideas that you didn't intend for. Link to consequences of DMCA. I have no idea how biased/falsified that link is, but it seems to bring up some pretty good examples of the DMCA law being used to suppress research/competition. The idea that you could create this magic hate speech law that will never be used to suppress legit view points that people disagree with just doesn't seem likely. Sure it wouldn't lead to immediate implementation of 1984 like government, but it will almost certainly be used eventually in a way that goes against the idea of freedom of ideas.

    Right, so back to the slippery slope.

    I don't understand your first point. It doesn't prove that hate speech laws are totally legit. I do not find those examples acceptable forms of censorship.

    This isn't a stupid people say stupid things argument, because what the AG wanted wasn't explicitly against the law. It is literally up to select individuals to decide what is or isn't considered hate speech and in this case went with the argument that women are not a protected class, so not hate speech. Not once did I see a reference to anyone claiming that what the AG wanted was obviously not legal, which is what you often see when republicans espouse nonsense.

    Finally, your last argument is not refuting what I said. You're claiming that it's unlikely these laws will be misused and I have given you a direct example in contradiction of that idea. Either you think the example is inaccurate in some way, or you're wrong that this is just a "slippery slope" argument that will never come to pass.
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  • Jebus314Jebus314 Registered User regular
    Grouch wrote: »
    Jebus314 wrote: »
    First, I found this oxford pdf that outlines the hate speech laws in several different counties and a little bit about how it is implemented. Definitely interesting.

    Second, I don't really buy the whole "other countries have hate speech laws but aren't totalitarian hell holes, so we can too!" argument. Canada for example has already used their hate speech laws to ban religious people from handing out anti gay fliers and initial banned anti gay opinion pieces. While I absolutely detest the sentiment that these people were spreading, I also find it upsetting that canada is censoring their religious views. I should note that neither case involved any suggestions of violence or discrimination. They were simply religious people spreading their incorrect viewpoint that being homosexual is immoral.
    I'm sorry, but the pamphlets that Mr. Whatcott handed out were not "simply religious people spreading their incorrect viewpoint that being homosexual is immoral."
    We also believe that for sodomites and lesbians who want to remain in their lifestyle and proselytize vulnerable young people that civil law should discriminate against them. In 1968 it was illegal to engage in homosexual acts, now it is almost becoming illegal to question any of their sick desires. Our children will pay the price in disease, death, abuse and ultimately eternal judgement if we do not say no to the sodomite desire to socialize your children into accepting something that is clearly wrong.
    That's a quote from one of the pamphlets. What part of it would you say is a simple religious belief?

    The ottawa attorney general has also (albeit unsuccessfully), tried to bar eminem from performing in canada on the basis of their hate speech laws. While you can claim that is a success in terms of hate speech laws not being abused, the fact that high ranking officials think it was appropriate and are actively pushing for that use is in my mind very troublesome. All it takes is one judge to then agree with the attorney general and now you are censoring art that you don't agree with.

    Really you don't have to look any further than anti-piracy laws in the US to see why writing even very targeted legislation almost always leads to suppression of competition/ideas that you didn't intend for. Link to consequences of DMCA. I have no idea how biased/falsified that link is, but it seems to bring up some pretty good examples of the DMCA law being used to suppress research/competition. The idea that you could create this magic hate speech law that will never be used to suppress legit view points that people disagree with just doesn't seem likely. Sure it wouldn't lead to immediate implementation of 1984 like government, but it will almost certainly be used eventually in a way that goes against the idea of freedom of ideas.
    No law will ever be implemented perfectly all the time. But, of course, we don't see the predicted overreaches and major chilling of discourse. Every so often we do see someone try to get take the hate speech law ball and run with it, but those cases typically go nowhere, and provide useful precedent to restrain people from trying to pull the same stunt.

    I don't see how that's not a religious belief. It's not your religious belief, nor is it mine, nor is it most peoples, but that doesn't mean it can't be his. He's not asking for violence, he's not asking for you to be hostile towards LGBTs, he's simply stating his belief that they should not have equal protection under the law because he believes it is immoral. Isn't this exactly how democracy is supposed to work? He advocates for changing law Y, and you advocate for keeping law Y, and in the end we all get to vote on it?

    I'm just not a fan of the argument that just because it hasn't worked yet clearly that means it won't ever work. Yeah canada isn't a totalitarian dictatorship. That doesn't mean no one in canada has ever had their viewpoints suppressed unfairly. Or that it can't continue to become more suppressive in the future because these laws exist.
    "The world is a mess, and I just need to rule it" - Dr Horrible
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