Our rules have been updated and given their own forum. Go and look at them! They are nice, and there may be new ones that you didn't know about! Hooray for rules! Hooray for The System! Hooray for Conforming!
Our new Indie Games subforum is now open for business in G&T. Go and check it out, you might land a code for a free game. If you're developing an indie game and want to post about it, follow these directions. If you don't, he'll break your legs! Hahaha! Seriously though.

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

11315171819

Posts

  • BSoBBSoB Registered User regular
    It is amazing how few people understand the ‘slippery slope’.

    Example.
    1. "I will open the front door, to let the cool breeze in.”
    2. “Opening the front door will let flies in, I don’t want flies, don’t open the front door.”
    ^THIS IS NOT A ‘SLIPPERLY SLOPE’. Arguing that a single action has an undesired consequence is not a ‘slippery slope’.

    Example
    1. I will open the front door, to let the breeze in.
    2. If you open the front door, you’ll want to open the back door, and then soon ALL THE DOORS WILL BE OPEN and chaos will ensue.
    ^This is a slippery slope.

    To further clarify.
    1. I want hate speech laws, to stop asshats from saying hateful shit.
    2. Hate speech law can be used to stop not asshats from saying unpopular things.
    ^Not a slippery slope.

    1. I want hate speech laws, to stop asshats from saying hateful shit.
    2. If we get hate speech laws, then tomorrow we’ll have to get mean speech laws, and then the day after we’ll have to make laws preventing moderately irritating speech.
    ^Is a slippery slope.
  • GrouchGrouch Registered User regular
    Astaereth wrote: »
    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.
    Are you suggesting that in order to be a "correctly functioning" democracy, a country must grant children the right to vote?

    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.
    Well, there you go. Then again, some of those posters might be more humorous than hateful, so maybe it isn't. It's not always easy to work these things out. At any rate, is it bad that a hate speech law could make a counter-protest to a non-existent protest illegal?

    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.
    Don't be ridiculous. This isn't guilt by association, it's "if he walks like a duck and quacks like a duck, he's probably a racist fuck". Guilt by association is "we don't have anything else on you, so now you're in trouble for hanging out with these people".

    PantsB wrote: »
    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.

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.
  • shrykeshryke Registered User regular
    Jebus314 wrote: »
    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.

    Yes, we know. But you haven't shown any actual harm or any reason why I should view the incidents in a bad light. Your whole argument was "I don't buy the argument that hate speech laws don't lead to tyranny so here's some examples from Canada of hate speech laws not leading to any sort of tyranny".

    You find them unacceptable. I don't. And you haven't shown any reason why I should.

    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.

    And nothing happened. No one banned anything.

    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.

    Except you haven't shown an example of them being misused. In fact, you've shown an example of them being used properly and an example of someone trying to misuse them and it not working.
  • GrouchGrouch Registered User regular
    Jebus314 wrote: »
    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.

    See my response above. You're favouring a grossly oversimplified interpretation of the quote over the quote itself. It actually uses language that characterizes gay people as sick and predatory ("proselytize vulnerable young people").

    Here's another quote for good measure:
    Our acceptance of homosexuality and our toleration of its promotion in our school system will lead to the early death and morbidity of many children.
    Is that a religious claim?
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.
  • shrykeshryke Registered User regular
    BSoB wrote: »
    It is amazing how few people understand the ‘slippery slope’.

    Example.
    1. "I will open the front door, to let the cool breeze in.”
    2. “Opening the front door will let flies in, I don’t want flies, don’t open the front door.”
    ^THIS IS NOT A ‘SLIPPERLY SLOPE’. Arguing that a single action has an undesired consequence is not a ‘slippery slope’.

    Example
    1. I will open the front door, to let the breeze in.
    2. If you open the front door, you’ll want to open the back door, and then soon ALL THE DOORS WILL BE OPEN and chaos will ensue.
    ^This is a slippery slope.

    To further clarify.
    1. I want hate speech laws, to stop asshats from saying hateful shit.
    2. Hate speech law can be used to stop not asshats from saying unpopular things.
    ^Not a slippery slope.


    1. I want hate speech laws, to stop asshats from saying hateful shit.
    2. If we get hate speech laws, then tomorrow we’ll have to get mean speech laws, and then the day after we’ll have to make laws preventing moderately irritating speech.
    ^Is a slippery slope.

    Except the actual step two for this part is "they will be used to stop not asshats from saying unpopular things." which is a slippery slope.
  • Jebus314Jebus314 Registered User regular
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    "The world is a mess, and I just need to rule it" - Dr Horrible
  • shrykeshryke Registered User regular
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.
  • Jebus314Jebus314 Registered User regular
    shryke wrote: »
    Jebus314 wrote: »
    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.

    Yes, we know. But you haven't shown any actual harm or any reason why I should view the incidents in a bad light. Your whole argument was "I don't buy the argument that hate speech laws don't lead to tyranny so here's some examples from Canada of hate speech laws not leading to any sort of tyranny".

    You find them unacceptable. I don't. And you haven't shown any reason why I should.

    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.

    And nothing happened. No one banned anything.

    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.

    Except you haven't shown an example of them being misused. In fact, you've shown an example of them being used properly and an example of someone trying to misuse them and it not working.

    The canadian examples I posted are examples of people being refused their right to express their beliefs. I'm not sure what else there is to show here. The whole point is that the hate speech laws are not being limited to cases where there is a clear instance of preventing harm. It's being used to suppress ideas that those in power disagree with. As is shown by the examples. The fact that you don't care that bigoted religious fanatics are being censored doesn't have anything to do with my point. The reason you should care is because this sets a clear precedent. If your ideas are not inline with the majority, it's ok for the Canadian government to suppress them, even in the absence of any proof that they will have any negative affects at all.

    The last point is exactly an example of DMCA being misused. The whole point of the article is to point out how it was severely twisted for business gains that had nothing to do with preventing piracy. This is a direct example of a law being used in ways not intended by its creation. If you are going to keep claiming that it's obvious that hate speech laws will never be misused, then explain to me why they are different then anti-piracy laws.

    "The world is a mess, and I just need to rule it" - Dr Horrible
  • Jebus314Jebus314 Registered User regular
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.
    "The world is a mess, and I just need to rule it" - Dr Horrible
  • LawndartLawndart Registered User regular
    Astaereth wrote: »
    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.

    Or they send an example that a central government can actively protect the rights, lives, and property of ethnic, racial, religious, or other minority groups.

    Oh, I forgot, allowing unrestricted hate speech in nations that face long-standing internal cultural divisions could never have any negative consequences that might outweigh the chilling effect of censorship.
    steam_sig.png
  • GrouchGrouch Registered User regular
    edited May 2013
    Jebus314 wrote: »
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm.

    Granting, for the sake of argument, that "racists" is an identifiable group, I think that calling them "worthless human beings" tips the scales from legitimate social commentary to problematic and potentially hate speech. Personally, I have no desire to call any identifiable group "worthless human beings", and I'm not sure why anyone would want to do that.
    Grouch on
  • Jebus314Jebus314 Registered User regular
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm.

    Granting, for the sake of argument, that "racists" is an identifiable group, I think that calling them "worthless human beings" tips the scales from legitimate social commentary to problematic and potentially hate speech. Personally, I have no desire to call any identifiable group "worthless human beings", and I'm not sure why anyone would want to do that.

    At this point you are just arguing for insults to be illegal if they are directed at an identifiable group. While I appreciate the ability to have civil discourse I do not think outlawing insults is the way to go.
    "The world is a mess, and I just need to rule it" - Dr Horrible
  • GrouchGrouch Registered User regular
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm.

    Granting, for the sake of argument, that "racists" is an identifiable group, I think that calling them "worthless human beings" tips the scales from legitimate social commentary to problematic and potentially hate speech. Personally, I have no desire to call any identifiable group "worthless human beings", and I'm not sure why anyone would want to do that.

    At this point you are just arguing for insults to be illegal if they are directed at an identifiable group. While I appreciate the ability to have civil discourse I do not think outlawing insults is the way to go.
    I don't think I am arguing for that. But what do I know?
  • Jebus314Jebus314 Registered User regular
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm.

    Granting, for the sake of argument, that "racists" is an identifiable group, I think that calling them "worthless human beings" tips the scales from legitimate social commentary to problematic and potentially hate speech. Personally, I have no desire to call any identifiable group "worthless human beings", and I'm not sure why anyone would want to do that.

    At this point you are just arguing for insults to be illegal if they are directed at an identifiable group. While I appreciate the ability to have civil discourse I do not think outlawing insults is the way to go.
    I don't think I am arguing for that. But what do I know?

    I'm not trying to put words in your mouth but you said "I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm." and "if the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem." I'm not sure how else to interpret what you are arguing for other than insults of minorities is harmful and should be restricted.
    "The world is a mess, and I just need to rule it" - Dr Horrible
  • GrouchGrouch Registered User regular
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    But... you gave an example of a hate speech law working as intended (homophobic douchebag told to cut that shit out) and an attempt at overreach that went nowhere. There haven't been any examples of actual effective overreach, or of people with legitimate expression being silenced. Like, I understand that you would have preferred that Whatcott be allowed to continue his campaign against gay people, but it's still a case where the law worked exactly as intended.
  • spool32spool32 Contrary Library Registered User regular
    Jebus314 wrote: »
    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 entire point of hate speech laws is to employ the chilling effect that people in this thread are mocking, to stop people from saying mean things about groups they support (I phrase it like that because no one in here is arguing that we should arrest everyone who posts in r/atheism but if the shoe fits dot dot dot).

    Hate speech laws with no chilling effect on speech are completely ineffectual. Either there is a chilling effect on speech and some people will fear punishment and self-censor what would otherwise be allowable statements, or no one will be deterred and the hate speech continues unabated.

    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • spool32spool32 Contrary Library Registered User regular
    Grouch wrote: »
    Jebus314 wrote: »
    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.

    See my response above. You're favouring a grossly oversimplified interpretation of the quote over the quote itself. It actually uses language that characterizes gay people as sick and predatory ("proselytize vulnerable young people").

    Here's another quote for good measure:
    Our acceptance of homosexuality and our toleration of its promotion in our school system will lead to the early death and morbidity of many children.
    Is that a religious claim?

    Where is the harm in the pamphlets the dude passed out? Why would we even want this to be illegal?
    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • spool32spool32 Contrary Library Registered User regular
    Grouch wrote: »
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    But... you gave an example of a hate speech law working as intended (homophobic douchebag told to cut that shit out) and an attempt at overreach that went nowhere. There haven't been any examples of actual effective overreach, or of people with legitimate expression being silenced. Like, I understand that you would have preferred that Whatcott be allowed to continue his campaign against gay people, but it's still a case where the law worked exactly as intended.

    All of it was legitimate expression.

    Why do you get to define what is legitimate? And, having answered that, why do I not get to define it?


    Finally: what happens when you don't like my definition?
    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • Jebus314Jebus314 Registered User regular
    edited May 2013
    Grouch wrote: »
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    But... you gave an example of a hate speech law working as intended (homophobic douchebag told to cut that shit out) and an attempt at overreach that went nowhere. There haven't been any examples of actual effective overreach, or of people with legitimate expression being silenced. Like, I understand that you would have preferred that Whatcott be allowed to continue his campaign against gay people, but it's still a case where the law worked exactly as intended.

    I don't understand what you think hate speech laws are intended for then. I was under the impression that they were to prevent people from encouraging hostility or violence towards minorities, not to prevent people from insulting minorities or expressing negative opinions of minorities. Trying to prevent crimes and hostility is a noble goal for a government, whilst preventing the free expression of ideas is a bad one. What happens when the majority of people think that your artwork is offensive, should you be banned from creating it? Should you be banned from making jokes in a comedy club about minorities? If I insult someone at a bar should it be totally legal if I just call them a goosemonger, but illegal if I call them a gay goosemonger? Who gets to draw the lines about what is an insult and what isn't an insult?
    Jebus314 on
    "The world is a mess, and I just need to rule it" - Dr Horrible
  • GrouchGrouch Registered User regular
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm.

    Granting, for the sake of argument, that "racists" is an identifiable group, I think that calling them "worthless human beings" tips the scales from legitimate social commentary to problematic and potentially hate speech. Personally, I have no desire to call any identifiable group "worthless human beings", and I'm not sure why anyone would want to do that.

    At this point you are just arguing for insults to be illegal if they are directed at an identifiable group. While I appreciate the ability to have civil discourse I do not think outlawing insults is the way to go.
    I don't think I am arguing for that. But what do I know?

    I'm not trying to put words in your mouth but you said "I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm." and "if the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem." I'm not sure how else to interpret what you are arguing for other than insults of minorities is harmful and should be restricted.

    Some insults directed at some minorities may be harmful, and have few, if any, legitimate uses in the wider public discourse. On occasion, it may be appropriate for the government to intervene and mitigate calls for (or that amount to) further victimization.

    spool32 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    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.

    See my response above. You're favouring a grossly oversimplified interpretation of the quote over the quote itself. It actually uses language that characterizes gay people as sick and predatory ("proselytize vulnerable young people").

    Here's another quote for good measure:
    Our acceptance of homosexuality and our toleration of its promotion in our school system will lead to the early death and morbidity of many children.
    Is that a religious claim?

    Where is the harm in the pamphlets the dude passed out? Why would we even want this to be illegal?
    What kind(s) of harm do you care about?
  • Jebus314Jebus314 Registered User regular
    edited May 2013
    spool32 wrote: »
    Jebus314 wrote: »
    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 entire point of hate speech laws is to employ the chilling effect that people in this thread are mocking, to stop people from saying mean things about groups they support (I phrase it like that because no one in here is arguing that we should arrest everyone who posts in r/atheism but if the shoe fits dot dot dot).

    Hate speech laws with no chilling effect on speech are completely ineffectual. Either there is a chilling effect on speech and some people will fear punishment and self-censor what would otherwise be allowable statements, or no one will be deterred and the hate speech continues unabated.

    Yes and no. The point is to have a chilling effect, but the question is what ideas/speech are being affected. Suppressing the propagation of ideas that promote violence and criminal activity is not the same as suppressing any idea that isn't in agreement with those in power. The pro hate speech side is saying that you can do one without the other, whilst I am saying I don't think you can. I'm also saying that the fact that canada hasn't spiraled into a complete totalitarian dictatorship is not evidence that you can.
    Jebus314 on
    "The world is a mess, and I just need to rule it" - Dr Horrible
  • GrouchGrouch Registered User regular
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    But... you gave an example of a hate speech law working as intended (homophobic douchebag told to cut that shit out) and an attempt at overreach that went nowhere. There haven't been any examples of actual effective overreach, or of people with legitimate expression being silenced. Like, I understand that you would have preferred that Whatcott be allowed to continue his campaign against gay people, but it's still a case where the law worked exactly as intended.

    I don't understand what you think hate speech laws are intended for then. I was under the impression that they were to prevent people from encouraging hostility or violence towards minorities, not to prevent people from insulting minorities or expressing negative opinions of minorities. Trying to prevent crimes and hostility is a noble goal for a government, whilst preventing the free expression of ideas is a bad one. What happens when the majority of people think that your artwork is offensive, should you be banned from creating it? Should you be banned from making jokes in a comedy club about minorities? If I insult someone at a bar should it be totally legal if I just call them a goosemonger, but illegal if I call them a gay goosemonger? Who gets to draw the lines about what is an insult and what isn't an insult?

    I'm just going to quote from the majority decision in Keegstra:
    Disquiet caused by the existence of such material is not simply the product of its offensiveness, however, but stems from the very real harm which it causes. Essentially, there are two sorts of injury caused by hate propaganda. First, there is harm done to members of the target group. It is indisputable that the emotional damage caused by words may be of grave psychological and social consequence. In the context of sexual harassment, for example, this Court has found that words can in themselves constitute harassment (Janzen v. Platy Enterprises Ltd., 1989 CanLII 97 (SCC), [1989] 1 S.C.R. 1252). In a similar manner, words and writings that wilfully promote hatred can constitute a serious attack on persons belonging to a racial or religious group, and in this regard the Cohen Committee noted that these persons are humiliated and degraded (p. 214).

    In my opinion, a response of humiliation and degradation from an individual targeted by hate propaganda is to be expected. A person's sense of human dignity and belonging to the community at large is closely linked to the concern and respect accorded the groups to which he or she belongs (see I. Berlin, "Two Concepts of Liberty", in Four Essays on Liberty (1969), 118, at p. 155). The derision, hostility and abuse encouraged by hate propaganda therefore have a severely negative impact on the individual's sense of self-worth and acceptance. This impact may cause target group members to take drastic measures in reaction, perhaps avoiding activities which bring them into contact with non-group members or adopting attitudes and postures directed towards blending in with the majority. Such consequences bear heavily in a nation that prides itself on tolerance and the fostering of human dignity through, among other things, respect for the many racial, religious and cultural groups in our society.

    A second harmful effect of hate propaganda which is of pressing and substantial concern is its influence upon society at large. The Cohen Committee noted that individuals can be persuaded to believe "almost anything" (p. 30) if information or ideas are communicated using the right technique and in the proper circumstances (at p. 8):
    . . . we are less confident in the 20th century that the critical faculties of individuals will be brought to bear on the speech and writing which is directed at them. In the 18th and 19th centuries, there was a widespread belief that man was a rational creature, and that if his mind was trained and liberated from superstition by education, he would always distinguish truth from falsehood, good from evil. So Milton, who said "let truth and falsehood grapple: who ever knew truth put to the worse in a free and open encounter".

    We cannot share this faith today in such a simple form. While holding that over the long run, the human mind is repelled by blatant falsehood and seeks the good, it is too often true, in the short run, that emotion displaces reason and individuals perversely reject the demonstrations of truth put before them and forsake the good they know. The successes of modern advertising, the triumphs of impudent propaganda such as Hitler's, have qualified sharply our belief in the rationality of man. We know that under strain and pressure in times of irritation and frustration, the individual is swayed and even swept away by hysterical, emotional appeals. We act irresponsibly if we ignore the way in which emotion can drive reason from the field.

    It is thus not inconceivable that the active dissemination of hate propaganda can attract individuals to its cause, and in the process create serious discord between various cultural groups in society. Moreover, the alteration of views held by the recipients of hate propaganda may occur subtlely, and is not always attendant upon conscious acceptance of the communicated ideas. Even if the message of hate propaganda is outwardly rejected, there is evidence that its premise of racial or religious inferiority may persist in a recipient's mind as an idea that holds some truth, an incipient effect not to be entirely discounted (see Matsuda, op. cit., at pp. 2339-40).
  • AngelHedgieAngelHedgie Registered User regular
    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.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.

    So the problem isn't with the hate speech laws, it's with the American electorate.

    I agree completely.

    But you're willing to allow them to flex more of their morality muscle with the implementation of free speech regulations?

    It doesn't matter, its hypothetical as hell.

    But, again, the point is that there isn't anything wrong with the way other countries do it.

    Canada's laws make sense for Canada.

    Is the way we do it here best for us? Maybe. But its equally clear to me that with a better electorate you can have hate speech laws and a slightly more civil national discourse (slightly) without flying off the rails into 1984 territory.

    Maybe people who want to loudly trumpet that "our way is best" need to add the caveat "when you have as many mouthbreathers as we do."

    The only thing that other countries have accomplished is burying the hate speech into layers of gobbledegook. They haven't changed the underlying problems and the racism, xenophobia, and nationalistic attitudes continue unabated. Actually, the quickest way to give a social movement momentum is to bury it under a pile of legislation. Please see what happened with Islam in Central Asia during Soviet rule, marijuana culture, or explicit language in popular music. As long as Big Gov is "repressing" these things, it gives the perpetrators a sense of relevancy. If they are allowed to shout their bile from the tallest mountaintop and find nobody cares, it tends to take the wind out of their sails a bit.

    I mean, look at the KKK. By and large they are still the shitheads they've always been, but their actions have moderated in comparison to what they were in the 1960's. This wasn't fueled by anything other than the social change of accepting other races. There used to be millions of Klu Klux Klan members in the country, and now it's estimated to be a few measly thousand. As much as I hate to bring about the civil rights movement, it's relevant here because of the social response to it. The legislation created to enforce segregation was done away with, and then laws about harrassment, murder, and mob violence were simply enforced. No new hate speech laws were required, and although racism is still prevalent we now have black CEO's, black leading stars, and even a black president.

    So, in this day and age when we have sexual orientation slurs, religious persecution (and "persecution" in the case of Christians bitching about not being able to sing Christmas carols and Wal-Mart using a sign that says "happy holidays"), religious oppression, and even political party hate mongering... what exactly makes this time in our lives a special snowflake that requires legislation so people will stop using their potty mouths?

    Actually, what observers of white nationalists will tell you happened is that the trappings of the Klan were rejected, not the actual viewpoint. Basically, individuals who would have been drawn to the KKK in the 60s instead gravitate to other similar movements, like Christian Identity. And let's not forget that the Klan was a target of one of the FBI's greatest oversteppings ever, as well.
    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum
    Nox+Aeternum.gif
    Damn straight and I'm not giving up any of my crazy ground to some no talent hack.
  • AngelHedgieAngelHedgie Registered User regular
    edited May 2013
    spool32 wrote: »
    Grouch wrote: »
    As an aside, I'm not sure what leads you to believe that judicial discretion works pretty well, or that it's something a defendant could possibly rely on. No lawyer is going to tell his client "hey, don't sweat. They could throw you in jail for years, but you'll probably get off with a fine you can afford."

    Because there's every chance you won't.
    I don't know how it works in the US, but in Canada, we have plea bargains, where a defendant agrees to plead guilty and the crown and defence put forward a joint recommendation to the judge regarding an appropriate sentence. The judge is not bound by this recommendation, but judges typically don't deviate from them (because the recommendations are typically reasonable and balanced, and because if judges did their own thing all the time that would undermine plea bargaining). So it's my understanding that lawyers can tell their clients something close to what you suggest.

    In the US plea bargains are a mess. No idea of how to get rid of them, but they are a mess.

    I'll charge you with : ten offenses many of which are grossly over exaggeration of what you did, and could get you 50+ years. Or take this please for a 5.
    The prosecution stacks so much crap on the charges side, that even if you are innocent it's almost insane not to take the plea. Because one bad trial and you are in jail for the rest of your life. And this is all 10x worse if you are black.

    R.I.P. Aaron Schwartz, victim of prosecutorial overreach.
    Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death. The US Attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles.

    Don't get me started on that. The tech community hasn't exactly covered itself in glory there - it's convenient how they leave out how Lessig pretty much threw Swartz under the bus, for one...

    In short, his case is a poor choice for prosecutorial misconduct.
    AngelHedgie on
    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum
    Nox+Aeternum.gif
    Damn straight and I'm not giving up any of my crazy ground to some no talent hack.
  • GrouchGrouch Registered User regular
    spool32 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    But... you gave an example of a hate speech law working as intended (homophobic douchebag told to cut that shit out) and an attempt at overreach that went nowhere. There haven't been any examples of actual effective overreach, or of people with legitimate expression being silenced. Like, I understand that you would have preferred that Whatcott be allowed to continue his campaign against gay people, but it's still a case where the law worked exactly as intended.

    All of it was legitimate expression.

    Why do you get to define what is legitimate? And, having answered that, why do I not get to define it?


    Finally: what happens when you don't like my definition?

    I don't, you don't, and nobody cares, respectively.
  • Knuckle DraggerKnuckle Dragger Explosive Ovine Disposal Registered User regular
    Grouch wrote: »
    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.
    Don't be ridiculous. This isn't guilt by association, it's "if he walks like a duck and quacks like a duck, he's probably a racist fuck". Guilt by association is "we don't have anything else on you, so now you're in trouble for hanging out with these people".
    Except, in this case, it doesn't walk like a duck or quack like a duck. You aren't talking about basing the determination on what one says or does, but what the other members of their group say and do. In short:

    These people are racist geese.
    You associate with these people.
    Therefore, you are a racist goose.

    That style of logic is one thing in the social forum (I don't want to hang around geese who hang around racist geese). It is something entirely different when you start talking criminal charges.
    sig-2699.jpg Iosif is friend. Come, visit friend.
  • GrouchGrouch Registered User regular
    I would just like to remind you that in the quote that kicked this off, the people themselves were described as using Nazi and Confederate flags during the demonstration and saluting Nazi-style during the demonstration. In fact, the entire quote was about what the participants in the demonstration were doing during the demonstration.

    So this is exactly, 100%, about making a determination about someone based on what they said and did.
  • shrykeshryke Registered User regular
    edited May 2013
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    Actually I can ignore unrelated cases of bad legislation. Because the alternative is saying "This law is bad, therefore all laws are bad".

    The reason we don't do that is because we admit that not all other types of laws are applicable to the ones we are talking about now. In this case, this specific example is in no way applicable to the question of laws against hate speech. It's only being brought up to prop up a bad argument with no support.
    shryke on
  • shrykeshryke Registered User regular
    Jebus314 wrote: »
    shryke wrote: »
    Jebus314 wrote: »
    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.

    Yes, we know. But you haven't shown any actual harm or any reason why I should view the incidents in a bad light. Your whole argument was "I don't buy the argument that hate speech laws don't lead to tyranny so here's some examples from Canada of hate speech laws not leading to any sort of tyranny".

    You find them unacceptable. I don't. And you haven't shown any reason why I should.

    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.

    And nothing happened. No one banned anything.

    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.

    Except you haven't shown an example of them being misused. In fact, you've shown an example of them being used properly and an example of someone trying to misuse them and it not working.

    The canadian examples I posted are examples of people being refused their right to express their beliefs. I'm not sure what else there is to show here. The whole point is that the hate speech laws are not being limited to cases where there is a clear instance of preventing harm. It's being used to suppress ideas that those in power disagree with. As is shown by the examples. The fact that you don't care that bigoted religious fanatics are being censored doesn't have anything to do with my point. The reason you should care is because this sets a clear precedent. If your ideas are not inline with the majority, it's ok for the Canadian government to suppress them, even in the absence of any proof that they will have any negative affects at all.

    Actually it's the entire point. They are expressing bigoted hateful ideas that are harmful to others. There is no gain to letting them speak. Even your own argument admits that.

    What you are actually worried about is a chilling effect from the intended action of the law. The problem is, you haven't established that at all. If you feel telling those people to fuck off will have a chilling or unintended effect, maybe you shuld actually give an example. Since so far, all you've done is shown the laws working as intended.

    The last point is exactly an example of DMCA being misused. The whole point of the article is to point out how it was severely twisted for business gains that had nothing to do with preventing piracy. This is a direct example of a law being used in ways not intended by its creation. If you are going to keep claiming that it's obvious that hate speech laws will never be misused, then explain to me why they are different then anti-piracy laws.

    Why are they similar? It's not my job to establish your analogies for you.
  • Knuckle DraggerKnuckle Dragger Explosive Ovine Disposal Registered User regular
    Grouch wrote: »
    I would just like to remind you that in the quote that kicked this off, the people themselves were described as using Nazi and Confederate flags during the demonstration and saluting Nazi-style during the demonstration. In fact, the entire quote was about what the participants in the demonstration were doing during the demonstration.

    So this is exactly, 100%, about making a determination about someone based on what they said and did.

    That's nice, but I wasn't responding to that post, which might be, incidentally, why I didn't quote that post. On the other hand, the part where you said,
    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?

    Was quoted and is illustrating guilt by association.
    sig-2699.jpg Iosif is friend. Come, visit friend.
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    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.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.

    So the problem isn't with the hate speech laws, it's with the American electorate.

    I agree completely.

    But you're willing to allow them to flex more of their morality muscle with the implementation of free speech regulations?

    It doesn't matter, its hypothetical as hell.

    But, again, the point is that there isn't anything wrong with the way other countries do it.

    Canada's laws make sense for Canada.

    Is the way we do it here best for us? Maybe. But its equally clear to me that with a better electorate you can have hate speech laws and a slightly more civil national discourse (slightly) without flying off the rails into 1984 territory.

    Maybe people who want to loudly trumpet that "our way is best" need to add the caveat "when you have as many mouthbreathers as we do."

    The only thing that other countries have accomplished is burying the hate speech into layers of gobbledegook. They haven't changed the underlying problems and the racism, xenophobia, and nationalistic attitudes continue unabated. Actually, the quickest way to give a social movement momentum is to bury it under a pile of legislation. Please see what happened with Islam in Central Asia during Soviet rule, marijuana culture, or explicit language in popular music. As long as Big Gov is "repressing" these things, it gives the perpetrators a sense of relevancy. If they are allowed to shout their bile from the tallest mountaintop and find nobody cares, it tends to take the wind out of their sails a bit.

    I mean, look at the KKK. By and large they are still the shitheads they've always been, but their actions have moderated in comparison to what they were in the 1960's. This wasn't fueled by anything other than the social change of accepting other races. There used to be millions of Klu Klux Klan members in the country, and now it's estimated to be a few measly thousand. As much as I hate to bring about the civil rights movement, it's relevant here because of the social response to it. The legislation created to enforce segregation was done away with, and then laws about harrassment, murder, and mob violence were simply enforced. No new hate speech laws were required, and although racism is still prevalent we now have black CEO's, black leading stars, and even a black president.

    So, in this day and age when we have sexual orientation slurs, religious persecution (and "persecution" in the case of Christians bitching about not being able to sing Christmas carols and Wal-Mart using a sign that says "happy holidays"), religious oppression, and even political party hate mongering... what exactly makes this time in our lives a special snowflake that requires legislation so people will stop using their potty mouths?

    Actually, what observers of white nationalists will tell you happened is that the trappings of the Klan were rejected, not the actual viewpoint. Basically, individuals who would have been drawn to the KKK in the 60s instead gravitate to other similar movements, like Christian Identity. And let's not forget that the Klan was a target of one of the FBI's greatest oversteppings ever, as well.

    White supremacists groups were on the decline till somebody just had to get elected while being all black.

    All kidding aside the membership in white supremacy groups has been pretty much on the down slope for quite a bit. Which is a good thing.

    Unfortunately the end result has been systemic racism due to certain things being off limits to say publicly. I just see another set of regulations governing what and what isn't hatespeak as being yet another tool for those who have basically rigged the system to begin with. It won't protect anybody or anything but the status quo.
  • AstaerethAstaereth Registered User regular
    Lawndart wrote: »
    Astaereth wrote: »
    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.

    Or they send an example that a central government can actively protect the rights, lives, and property of ethnic, racial, religious, or other minority groups.

    Oh, I forgot, allowing unrestricted hate speech in nations that face long-standing internal cultural divisions could never have any negative consequences that might outweigh the chilling effect of censorship.

    Okay, let's look at that article.
    The most prominent hate media outlet was the private radio station, Radio Television Libre des Mille Collines.

    It was established in 1993 and opposed peace talks between the government of President Juvenal Habyarimana and the Tutsi-led rebels of the Rwandan Patriotic Front, which now forms the government.

    This here is a political viewpoint, the free expression of which should be protected.
    After President Habyarimana's plane was shot down, the radio called for a "final war" to "exterminate the cockroaches."

    This could go either way, it's hard to tell without the context (I could pull two phrases out of any day of Fox News that would sound as bad).
    During the genocide that followed it broadcast lists of people to be killed and instructed killers on where to find them.

    Oh, hey, look: speech which incites people to violence and should be fucking prosecuted, regardless of its target.

    In fact, I am happy to add additional penalties to already criminal speech that is directed at a protected class, just as we do for assaults and murders. What I'm not willing do is criminalize speech that was not otherwise illegal based purely on its target and content.
    General Romeo Dallaire, the commander of the UN peacekeeping operation in Rwanda at the time of the genocide, said: "Simply jamming [the] broadcasts and replacing them with messages of peace and reconciliation would have had a significant impact on the course of events."

    Look, speech has power, but it takes two to tango. Nobody was hypnotized into genocide. If "I was just following orders" didn't work at Nuremberg, "The man on the radio suggested it" sure as shit doesn't either. You know what would have had a significant impact on the course of events? If Rwanda wasn't chock full of ethnic conflict and people willing to murder over it. That speech was not harmful, those actions were harmful.
    I still have invites and discount codes for Moviepass! Pay $35 a month to see any movie you want in theaters. PM me if you want an invite and/or details.
  • GrouchGrouch Registered User regular
    Grouch wrote: »
    I would just like to remind you that in the quote that kicked this off, the people themselves were described as using Nazi and Confederate flags during the demonstration and saluting Nazi-style during the demonstration. In fact, the entire quote was about what the participants in the demonstration were doing during the demonstration.

    So this is exactly, 100%, about making a determination about someone based on what they said and did.

    That's nice, but I wasn't responding to that post, which might be, incidentally, why I didn't quote that post. On the other hand, the part where you said,
    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?

    Was quoted and is illustrating guilt by association.

    Yes, if you remove the context, it totally changes the meaning. Good job.
  • Knuckle DraggerKnuckle Dragger Explosive Ovine Disposal Registered User regular
    Grouch wrote: »
    Grouch wrote: »
    I would just like to remind you that in the quote that kicked this off, the people themselves were described as using Nazi and Confederate flags during the demonstration and saluting Nazi-style during the demonstration. In fact, the entire quote was about what the participants in the demonstration were doing during the demonstration.

    So this is exactly, 100%, about making a determination about someone based on what they said and did.

    That's nice, but I wasn't responding to that post, which might be, incidentally, why I didn't quote that post. On the other hand, the part where you said,
    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?

    Was quoted and is illustrating guilt by association.

    Yes, if you remove the context, it totally changes the meaning. Good job.

    Yeah, but I didn't. There really isn't any reasonable context where, "a person's membership in a given group" is automatically interchangeable with "a person committing overtly racist acts."
    sig-2699.jpg Iosif is friend. Come, visit friend.
  • spool32spool32 Contrary Library Registered User regular
    Grouch wrote: »
    spool32 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    shryke wrote: »
    shryke wrote: »
    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

    Oh right. I guess I should've known th-

    http://current.com/technology/89398676_kids-who-photograph-themselves-naked-are-child-pornographers-and-sex-offenders.htm

    Oh shit, where did that come from?

    But hey, I'm sure that's the only time peoples lives have been destroyed by legislation. Oh, you mean to say sex offenders are living in what amounts to refugee camps in Florida because they can't find a job or a place to live?

    Man, that would suck, eh? Good thing everyone thought this would never happen when they made the laws.

    Slippery slope schmippery schmope, doesn't exist.

    /looks at thread title

    Nope, not the sex offender thread. I guess you are the one that posted in the wrong spot then.

    You can't just ignore all the cases where legislation had unintended effects and was misused. In the face of several other types of legislation that has been misused I would say that it's up to you to prove that this type of legislation is significantly different.

    But... you gave an example of a hate speech law working as intended (homophobic douchebag told to cut that shit out) and an attempt at overreach that went nowhere. There haven't been any examples of actual effective overreach, or of people with legitimate expression being silenced. Like, I understand that you would have preferred that Whatcott be allowed to continue his campaign against gay people, but it's still a case where the law worked exactly as intended.

    All of it was legitimate expression.

    Why do you get to define what is legitimate? And, having answered that, why do I not get to define it?


    Finally: what happens when you don't like my definition?

    I don't, you don't, and nobody cares, respectively.

    You're wrong. You (and those who agree with you) do get to define legitimate speech. In nations with speech codes enforced by the state, allowable speech necessarily changes with the political winds.

    In America, this is largely impossible.
    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • spool32spool32 Contrary Library Registered User regular
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    Grouch wrote: »
    -snip-

    All of it is a religious belief? That (some) gay and lesbian people "want to ... proselytize vulnerable young people [and] socialize your children into accepting something that is clearly wrong"? That doesn't seem religious. That "[o]ur children will pay the price in disease, death, abuse"? The "eternal damnation" part I'll give you.

    I'm always a bit leery of attempts like yours to "boil down" claims that run afoul of hate speech laws, because inevitably, the simplification starts to look a lot more like whitewashing. You can't reduce "the sodomites are going to indoctrinate your children into their filthy ways" to "homosexuality is immoral and there will be consequences as it becomes increasingly accepted" without losing a lot of meaning. If the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem.

    It's not really that important if the view is religious in origin or just his opinion. The point is that even if you believe in restriction of speech, he should still be free to express his opinion unless he is causing harm to other people. Unless you're prepared to say that insulting someone is causing harm, I don't see how what he printed in his pamphlet meets that criteria. Again, he isn't asking for violence or hostility he is simply stating what he believes (in a negative way) and then saying that the current laws should be changed.

    Put it this way, should you be fined and banned from posting fliers that say something like "racists are despicable worthless human beings, and are indoctrinating our children into accepting something that is clearly wrong. Our children will pay the price in abuse, hostility, and death"? I would say not. But I don't see how that would be arguable different than what the above example was talking about, other than we all agree that LGBT is not an immoral life choice, but being racist is bad.
    I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm.

    Granting, for the sake of argument, that "racists" is an identifiable group, I think that calling them "worthless human beings" tips the scales from legitimate social commentary to problematic and potentially hate speech. Personally, I have no desire to call any identifiable group "worthless human beings", and I'm not sure why anyone would want to do that.

    At this point you are just arguing for insults to be illegal if they are directed at an identifiable group. While I appreciate the ability to have civil discourse I do not think outlawing insults is the way to go.
    I don't think I am arguing for that. But what do I know?

    I'm not trying to put words in your mouth but you said "I am prepared to say that when we're talking about historically oppressed groups that still struggle with a legacy of hatred and oppression, insults directed at members of those groups can cause harm." and "if the claims were stated in your banal and benign tone, then maybe there wouldn't be such a problem. But they weren't, so there is a problem." I'm not sure how else to interpret what you are arguing for other than insults of minorities is harmful and should be restricted.

    Some insults directed at some minorities may be harmful, and have few, if any, legitimate uses in the wider public discourse. On occasion, it may be appropriate for the government to intervene and mitigate calls for (or that amount to) further victimization.

    spool32 wrote: »
    Grouch wrote: »
    Jebus314 wrote: »
    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.

    See my response above. You're favouring a grossly oversimplified interpretation of the quote over the quote itself. It actually uses language that characterizes gay people as sick and predatory ("proselytize vulnerable young people").

    Here's another quote for good measure:
    Our acceptance of homosexuality and our toleration of its promotion in our school system will lead to the early death and morbidity of many children.
    Is that a religious claim?

    Where is the harm in the pamphlets the dude passed out? Why would we even want this to be illegal?
    What kind(s) of harm do you care about?

    Specific harm, perpetrated by an individual, with an identifiable victim who can demonstrate he or she was actually harmed by the speaker.
    Successful Kickstarter get! Drop by Bare Mettle Entertainment if you'd like to see what we're making.
  • XrddXrdd Registered User regular
    spool32 wrote: »
    You're wrong. You (and those who agree with you) do get to define legitimate speech. In nations with speech codes enforced by the state, allowable speech necessarily changes with the political winds.

    Not really, because in reality hate speech laws aren't actually used to suppress political ideas unpopular with the current government.

  • LawndartLawndart Registered User regular
    Astaereth wrote: »
    Lawndart wrote: »
    Astaereth wrote: »
    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.

    Or they send an example that a central government can actively protect the rights, lives, and property of ethnic, racial, religious, or other minority groups.

    Oh, I forgot, allowing unrestricted hate speech in nations that face long-standing internal cultural divisions could never have any negative consequences that might outweigh the chilling effect of censorship.

    Okay, let's look at that article.
    The most prominent hate media outlet was the private radio station, Radio Television Libre des Mille Collines.

    It was established in 1993 and opposed peace talks between the government of President Juvenal Habyarimana and the Tutsi-led rebels of the Rwandan Patriotic Front, which now forms the government.

    This here is a political viewpoint, the free expression of which should be protected.
    After President Habyarimana's plane was shot down, the radio called for a "final war" to "exterminate the cockroaches."

    This could go either way, it's hard to tell without the context (I could pull two phrases out of any day of Fox News that would sound as bad).
    During the genocide that followed it broadcast lists of people to be killed and instructed killers on where to find them.

    Oh, hey, look: speech which incites people to violence and should be fucking prosecuted, regardless of its target.

    In fact, I am happy to add additional penalties to already criminal speech that is directed at a protected class, just as we do for assaults and murders. What I'm not willing do is criminalize speech that was not otherwise illegal based purely on its target and content.
    General Romeo Dallaire, the commander of the UN peacekeeping operation in Rwanda at the time of the genocide, said: "Simply jamming [the] broadcasts and replacing them with messages of peace and reconciliation would have had a significant impact on the course of events."

    Look, speech has power, but it takes two to tango. Nobody was hypnotized into genocide. If "I was just following orders" didn't work at Nuremberg, "The man on the radio suggested it" sure as shit doesn't either. You know what would have had a significant impact on the course of events? If Rwanda wasn't chock full of ethnic conflict and people willing to murder over it. That speech was not harmful, those actions were harmful.

    Except that speech was harmful, since it incited a genocide.

    Oh, I forgot, the media has no real impact on how people think. That's why advertising and propaganda are so pointless.

    But since it's impossible to simply wish away decades if not centuries of ethnic conflict in a whole bunch of places, I'm still wondering why protecting hate speech should be prioritized over the protecting the security of minority populations in these nations that are theoretically transitioning towards a freer society. Why should they look to the United States (and Rwanda) as models instead of looking towards Canada or various post-WW2 European nations?
    steam_sig.png
  • AngelHedgieAngelHedgie Registered User regular
    Astaereth wrote: »
    Lawndart wrote: »
    Astaereth wrote: »
    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.

    Or they send an example that a central government can actively protect the rights, lives, and property of ethnic, racial, religious, or other minority groups.

    Oh, I forgot, allowing unrestricted hate speech in nations that face long-standing internal cultural divisions could never have any negative consequences that might outweigh the chilling effect of censorship.

    Okay, let's look at that article.
    The most prominent hate media outlet was the private radio station, Radio Television Libre des Mille Collines.

    It was established in 1993 and opposed peace talks between the government of President Juvenal Habyarimana and the Tutsi-led rebels of the Rwandan Patriotic Front, which now forms the government.

    This here is a political viewpoint, the free expression of which should be protected.
    After President Habyarimana's plane was shot down, the radio called for a "final war" to "exterminate the cockroaches."

    This could go either way, it's hard to tell without the context (I could pull two phrases out of any day of Fox News that would sound as bad).
    During the genocide that followed it broadcast lists of people to be killed and instructed killers on where to find them.

    Oh, hey, look: speech which incites people to violence and should be fucking prosecuted, regardless of its target.

    In fact, I am happy to add additional penalties to already criminal speech that is directed at a protected class, just as we do for assaults and murders. What I'm not willing do is criminalize speech that was not otherwise illegal based purely on its target and content.
    General Romeo Dallaire, the commander of the UN peacekeeping operation in Rwanda at the time of the genocide, said: "Simply jamming [the] broadcasts and replacing them with messages of peace and reconciliation would have had a significant impact on the course of events."

    Look, speech has power, but it takes two to tango. Nobody was hypnotized into genocide. If "I was just following orders" didn't work at Nuremberg, "The man on the radio suggested it" sure as shit doesn't either. You know what would have had a significant impact on the course of events? If Rwanda wasn't chock full of ethnic conflict and people willing to murder over it. That speech was not harmful, those actions were harmful.

    You do know that one of the men sentenced to death at Nuremberg was a newspaper publisher, right?
    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum
    Nox+Aeternum.gif
    Damn straight and I'm not giving up any of my crazy ground to some no talent hack.
Sign In or Register to comment.