I think that people of certain generations need to be taught the beauty of a burner account. You get to say whatever you want, and are invulnerable to criticism. The downside is there’s no ego boost to seeing your name in the news or using your fame to get impressions. But that’s the double sided sword of reputation.
When I was growing up on the internet, everyone understood the value of pseudo anonymity. But then Facebook came along and everyone is shocked that attaching your name and face to your random thoughts is a bad idea.
And while a burner account is vulnerable to doxing, at least that’s universally viewed as going over the line. And maybe as an owner of a social media platform, Musk could prevent doxing with better privacy tools.
I think you've not been paying attention then. Journalists love doxxing their ideological enemies:
- Scott Alexander
- Richard Hanania
- LibsOfTikTok (can't remember her real name)
And that's just in, like, the last 18 months or so.
They also love to widely report on cases where allied organizations do it, thus pointing everyone to the dumps. For example the home addresses of the entire German AfD political party was dumped online by Hessen Antifa and this was widely reported in German media (who they got the info from wasn't).
There is absolutely no code of honor in news organizations or NGOs. Their goal is to silence anyone who opposes them and they use their positions to do that.
What about legal threats from government representatives when they don’t like your speech and attempt to force the social media platforms to reveal your burner identity?
i'm hyped for federated social media if for no reason other than that it forces the free-speech people to confront the world in which they unambiguously have free speech, and find themselves ignored more than before.
but that only works for the everyday free-speech libertarian, not the actual egotistical. i watched the CTO of a prominent defense contractor cry "censorship" when they weren't allowed to present at an open source tech conference unless they removed all company branding from their slides. as if the arms dealers are the ones at the wrong end of the power struggle; as if Elon Musk with an audience of tens of millions is the victim of society. i don't know what to call that view toward individual liberties except for literal delusion.
Can we not have articles on this site that amount to nothing more than political editorial? The only thing this has to do with tech news is that the individual the author is seething at happens to be a tech CEO.
The author is an experienced federal litagator and former AUSA. He writes frequently on first ammendment topics, which are of great interest and import to the USA'ian Hacker News community.
If you don't like his opinions, let's hear your arguments.
Question I would have for Popehat would be whether a DoS attack is speech or not. If it is, why isn't it protected, because it's inline messaging on the medium it uses and is therefore like any other mediated expression. If it isn't, what is it about attacking the medium and participants that isn't speech?
The problem with the cancel culture people is their "working the ref," strategy launches a DoS attack on the participants in targeted discourses. I'm thinking what the equivalent is, like maybe LibsofTikTok, which is public mockery that likely crosses over into similar cancel-culture consequences, where there is a strong argument to be made that it is incitement. However, I don't think one can defend cancelations in principle without also defending LibsOfTikTok, or much worse, something like 4chan or kiwifarms, because if you are defending the incitement of a cancel mob, you're also defending one that uses mockery and that also results in some lunatic taking it too far.
If the DoS prevents the attacked service from “speaking” itself (by exhausting resources) then I would assert the DoS is analogous to assault and not protected speech.
Also, intent fits in here. The name itself gives a hint- denial of service as in taking something away from the victim.
What about the use of legal threats and NDAs by wealthy individuals and corporations to silence speech? Take what happened with the whistleblowers at theranos for example.
DoS attacks involve an attack on a third party to prevent someone from using a service, making the third party both an unwilling participant and a victim of the attack. I don't think anyone would consider that free speech, as much as they wouldn't consider it free speech to call in a bomb threat to an auditorium.
However, in this day and age unrelated interests are getting roped into the discussion and expressing their ability to make their own speech. This is better phrased as a Terms of Service attack. If you have agreed to use a service that can revoke your access for reasons you agreed to, then you are in a precarious position and your speech is not easily protected.
Is a boycott "denial of service"? I can't think of how that might be without stretching the terms to meaninglessness.
Is a bomb threat or getting someone fired a form of DoS? I'll agree with you there, and I also consider blacklisting a form of this.
If you ask me whether a company like Visa or First Data has the right to deny access to its services over political speech, I think it's clear that nobody has sued them successfully over this. But I would also argue that the payments market should be better regulated and require service for all legal transactions. At the very least, there should be a public option that is resistant to fraud, one where the payer initiates the transaction with an unshared secret, like with Pix in Brazil. The public option should support the free speech guaranteed by the government.
I think cancel culture tends to be somewhat more grounded in sane principles of equality, but the mechanism does make it comparable to far-right mobs. Targets can't really defend themselves and things may escalate into real life. I don't think it's a great loss to discourage cancel culture along with far-right equivalents. A more measured style of discussion is adequate to call out people for being unreasonable or hateful.
A DoS attack can legally be many things, theft of resources, interference, harassment, manslaughter. The question is whether the response to speech that is similar to a DoS attack against the speaker is also those things.
Under civil rights legislation, we are all members of protected classes. A protected class is defined as a property that you aren't allowed to use when making decisions about how to treat people, not a literal class of protected individuals.
They can cry out all they want. That's free speech too.
But censorship doesn't happen until 13.
The simple explanation is symmetry. Each one of these has a mirror action between the speaker and the responder to the speech. For example #12:
The speaker (and their sympathizers) can refuse to use those banks and marketplaces (i.e., a boycott).
As well, not allowing the marketplace to do that is forcing them to associate with that speaker. If I run a store, and I decide "I don't want to deal with Mr. X because I don't like how hateful he is.", why should I be forced to do business with him?
13 is the one that has no symmetry. We can not opt out of the government. That's why the line is there.
This is as foolish as saying "It's not fair that John kicked me out of his sub shop just because he doesn't like me. He's the only one serving my favorite sandwich!"
You have alternatives as long as you haven't talked yourself into "I have a RIGHT to use someone's particular business.", because you don't.
- You're on the south pole, and the single supply depot becomes off-limits to you after a personal dispute with the attendant.
Also, I am curious about what you'd suggest as an alternative to YouTube for the content creators that thrive there presently. TikTok doesn't do long form videos.
I would suggest finding another job aside from "content creator". If the only way you can have a certain career is by the whims of a single company, then you have two choices: become comfortable with the fact that you may not have that career for long and/or do everything you can to keep that company happy.
There are many countries in the world, and most of them allow citizens to leave. Why not emigrate if your government is oppressing you? The truth is that the costs of leaving are what attach people to governments and make their interactions not entirely voluntary. The same principle applies to companies.
Well sure, everything sounds awful if you remove the context.
The context is someone is saying anti-Semitic things and others don't have to go along with it or deal with their business.
"Do you believe speech should have consequences" is just the type of spin political parties pay for research to manipulate the masses and will always sound murky or confusing or dangerous.
I don't think our culture is strong or modern enough to have knives out for antisemitism that won't eventually be used against communism, dissent, pacifism or any of the other things that have been repressed far more stringently at dark times in American history than antisemitism ever has been. Actually, it's more likely that these tools if accepted will be used for antisemitism than against it. I am a little worried by how quickly people forget that antisemitic industrial magnates are a more predictable norm in this country than mysteriously benevolent ones... in fact this whole discussion is about someone who's accused of being one. Who's really going to have their voice cut off in the long run, outvoted minorities or the "moral majority"? It's like a version of "think of the children" with the twist that it's probably going to be used against the people it's claimed to be there to protect.
Ken White’s writing style is just phenomenal. He could write a VCR user manual and I’d be all over that. He also demonstrates that the best insults are the G-rated ones.
The same holds true for the other side, right? Everyone's speech has consequences and only some can afford to silence others through the power of money, law, personality or just being an asshole.
Jup. If everybody is allowed to say whatever they want, the side with the sticks will use it to threaten those with slightly less sticks into silence.
Which ironically means that collectively speech will be more free if you prohibit certain types of it for all. A free society doesn't strictly have to tolerate anti-free-society positions like those of ISIS terrorists or neo-nazis — some (including Karl Popper) would say that a free society that wants to stay free, has a duty to be intolerant towards the intolerant.
Free speech, US-style was never about freedom, it was always about who wields the stick.
Frankly, if the society is so fragmented that the court of public opinion doesn't get genuine neo-Nazis laughed out of town, I don't think the primary issue is whether Xitter (I like that term LOL) or other platforms strictly uphold free speech. I think we'd better fix the people first, either the neo-Nazis or everyone else, so that they don't have a foothold on the Internet or in ways that matter.
The problem with the current state of society is that we don't know whether this is normal or not. We never had a society, ever, that had something like the internet.
So I think it is very likely that applying all the old ideas to a new world will not get us far. But yeah, in the end having people that care enough to do something is always a precondition for keeping a society free.
I'm not sure there is an other side on this? There are a limited handful of legal exceptions to free speech including for unlawful or criminal acts such as defamation, libel, and fraud. I think relatively few people would oppose strengthening these.
Where people diverge is when people want to censor, hurt and ideally destroy people who make unpopular but otherwise completely kosher comments. For instance Martin Kulldorff [1] and Jay Bhattacharya [2] are a couple of people who were censored/shadowbanned on old Twitter for expressing opinions about the best way to approach COVID, that were different than the 'official opinion.' One is a Harvard biostatistician, the other is professor of medicine at Stanford.
In general I think anybody should be able to express their opinion, but we live in a society now where even the most qualified cannot freely express themselves when their opinion runs contrary to whatever the official narrative of a time is. That's highly dysfunctional for any society, but words cannot express how stupid this is in a society where freedom of speech has been held as a fundamental value for centuries.
And the biggest threat is not even the overt censorship, but the self censorship that's the endgame goal of censorship. You make an example out of a handful of people, to ensure the other millions keep their mouths shut, in an effort to try to make opinions that made be otherwise widely held, look fringe.
I do not know if you will see this reply.. but you are 100% correct. There is a price to pay to social cohesion and I am not sure if I can draw the line correctly. Let us get a few strawman arguments out - freedom of speech is not a fundamental value for centuries. Like all other things, it is an evolving principle and what was true a few decades ago might no longer be kosher.
People who are part of LGBTQ community had to self censor themselves for multiple centuries. Victims of sexual harassment had to self censor themselves. Being a free mason means you cannot talk about it public.
As a society, we make rules and norms all the time about what is acceptable and what is not. Unfortunately, we are in midst of a massive cultural change and you can see its effects across all of the society. Eventually, one group will die out and we will have peace of mind again :)
Oh come now, we're all narcissistic and more than occasionally skim back through that 'threads' button, if not to find new posts then to sniff the most beautiful aroma of our own arses.
Yes, freedom of speech has been a fundamental value for centuries, that people have unfortunately come to take for granted. In history all of the great causes you might have felt passionately about were able to openly debated and pursued in no small part because Free Speech. Abolitionism, suffrage, equality issues, and so on could all have, and probably would have, been easily censored in a US without Free Speech. And thanks to the US' historic role in advancing near to all knowledge and technology, these ideals that were able to be fostered and grown, also spread across the globe. The world as we know it today would likely look dramatically different had Free Speech not been enshrined within the US.
What you're talking about is something more like the Overton Window [1], which is related, but different.
I wonder to what extent we can establish a common dialogue of "just don't be a hateful asshole" where you just don't have any interest about random personal crap you have zero entitlement to be involved in or are not entitled to retain any say in.
The same way if I don't pay your electricity bill, I can't tell you what to use your electricity on. If I'm not having sex with you and I don't want to have sex with you, surprise! I don't have any right or should be expecting influence in that department cuz I have zero standing to demand it, and more importantly, why should I have any standing?
And why do I care in the first place unless I have an agenda like my gay conversion camp I'm headmaster/captain of +/or I'm a closet homosexual and I want to distract from the obvious ensuing hilarity of me trying to reinforce and hide that I'm a totally not gay-"straight" fellow...Like by riding a horse shirtless...That PROVES im not gay :/
Let's call it "mind your own business". If only that was a minted expression, they already love business...What's the rub?
If so many people actually adopted this view or could be convinced to a comment like this, we probably wouldn't be experiencing this. You're not wrong in the least, but I'm just saying, we can't have that dialogue right now. Can't worry too much about designing better rock climbing gear when you're living in the moment of dangling from the cliff face.
UBI + qualified parental rights (u don't "own" your kids if you hurt them) + kids have a say in spending/auditing of child support + emotional iq teaching in school from the start + media literacy classes == problem solved
Edit: converting people to tolerance should take second place to removig their power and abillity to capriciously have any influence in any matter of currency or effect on others but themselves. This is the way. Everyone needs to control and be controlled by nobody other than themself. Lets call it—I don't know—"personal responsibility"...That's catchy enough amongst this crowd of the usual offenders
> Musk is also a fan of the theory that when he speaks, your criticism of him violates his rights
I hate to use such trite debate bro topics, but isn't this a motte and bailey fallacy [1]? The motte is "we're just criticising Musk" while the bailey is "we're systematically contacting all of his advertisers and letting them know that if they continue to support him then we will campaign against them as well".
The whole point of cancel culture isn't to state your objections/criticisms of ideas, it is to attack the support systems of individuals. Like, calling their employer en masse and demanding that they are fired. Or pushing their bank, their ISP, etc. to remove their ability to conduct any kind of business. Or to mass-report their social media to get them deplatformed.
To phrase this as "we're just trying to criticize, why is he so mad and why does he want to silence our criticism" is a pretty manipulative take. Even to say "if advertisers want to leave they can" is a misrepresentation - advertisers are being extorted to leave, they are doing so under some pretty extreme duress.
Boycotts are unquestionably free speech from a legal perspective and definitional perspective.
From a moral perspective, Popehat’s main consistent point is that you need to be very specific about what behaviors cross a line and actually apply that fairly, which Elon pretty clearly does not. He has no problems asking people to boycott companies: https://sfstandard.com/2023/08/28/elon-musk-calls-for-boycot...
The actions were almost certainly legal, otherwise boycotts are illegal, which would be insane, and also the tweet from Elonin the article I linked above would be illegal as well.
Criticism and free speech generally includes that the criticism may convince people (including companies!) to change their behavior. Speaking about rhetoric, the point Popehat is making here is that all of the changes in advertiser behavior are in fact criticism. There is no Motte being retreated to, he is in fact standing firm at the bailey with the statement “criticism that results in financial harm and business action is still just criticism”.
> The motte is "we're just criticising Musk" while the bailey is "we're systematically contacting all of his advertisers and letting them know that if they continue to support him then we will campaign against them as well".
As a free-speech absolutist, I genuinely don’t see any difference between criticizing a person and telling other people (advertisers) that that person did something bad. That’s what criticism is, telling someone you disapprove of something.
I disagree that organizations like the ones Musk is railing against are “telling that person someone did something bad”
I mean that in the sense that a group of thugs might show up to a business and mention “this is a bad neighborhood, it would be a shame if someone were to break your storefront window”
They might argue they were just letting the business owner know a fact. They may even claim to be proponents of free-speech in an absolutist sense. But they are being manipulative and their claim to inform is an implied threat.
Further, the threat’s being made to Twitter’s advertisers aim to materially harm Musk, not to address or counter the bad thing he is claimed to have said.
I actually believe people have the legal right to do this. They often have a defensible moral reason. I just dislike that they obfuscate their tactics behind euphemism.
The implied threat was… that they wouldn’t buy from those companies anymore? While I guess that’s slightly worse than just casually notifying a company of bad behavior, it’s not much worse. The whole point of this kind of criticism is to exhort behavior change so I’m not really convinced it’s misleading… and I think that’s Popehat’s point.
No, the implied threat is that the brands name will be conspicuously dragged through the mud using every tool they have in the national media.
Brands don’t care if a small group of activists boycott their product. They are terrified of being featured negatively.
But at this point you’re just off in the weeds. This is all well-known tactics. Believe it or not tactics I don’t have much issue with. It just isn’t merely “criticism”. It’s an active and devastating campaign aimed to do as much harm as possible to bludgeon their adversary into the ground. It’s meant to inflict maximum damage to the recipient to induce fear in anyone who might consider following their example.
But hey, I guess if they call it “criticism” then we can’t criticize them for doing it. Otherwise we’re just being hypocritical.
So you'll have no problem if I start digging through your posting history for clues about your identity and contacting your employer to let them know what a horrible person you are, right?
.....or is that sort of thing only ok when it's done against enemies of the state?
Don't dig through history, just respond to the current conversation. Advertisers didn't dig through history of posts to decide to leave, they had one final straw and dipped out in near real-time.
If what you dig up on me is presented in context, and my employer has made it clear that my behavior outside the workplace can be considered grounds for termination, then absolutely go for it [0].
On the other hand, if you selectively quote me, and/or my employer has no grounds for dismissal based on something that did not happen in the workplace, please don't waste your time.
I’d argue that while that’s not illegal, that definitely crosses a line and am happy to articulate that line in the way that Popehat requests (something like “don’t take a statement of someone you don’t know made to a small group of friends a long time ago and harass their employer about it to get them fired”). Obviously that behavior is legal but I’m going to go out on a limb and say it’s morally bad and speech chilling.
Elon is a public figure who is choosing to be a public figure and the statements he made were recent, so I think that’s fair game.
I’d certainly agree you have the right to say anything to my employer you want to say, as long as it’s not defamatory. (If I posted $Y and you told them I posted $Y, then that can’t be defamatory because it’s true)
You've successfully formulated the reasoning behind the legal "public figure" [1] standard from first principles.
Elon Musk, especially when speaking in his capacity as owner of X, is unquestionably a public figure in a way that Hacker News commenter "medler" is not. (So is Media Matters.)
I think you've touched on a certain power dynamic. Advertisers, for the most part, are not compelled to continue to advertise their product on a particular platform and would often rather pull advertising than deal with an angry mob. This tends to hold true even if the angry mob is wrong!
It's easy for advertisers to resume spending once the dust has settled than stand by the accused.
Some groups are keenly aware of this power dynamic and will exploit it to their own ends.
Musk's incoherent stance aside, the author is afaik a lawyer, and has a habit of conflating the ideal of free speech, with the 1st amendment. Placing advertisers and billion-dollar corporations as arbiters of what may enter the public sphere is counter to the spirit of free speech, even if it complies with the 1st amendment.
There may be no simple legal means to prevent it (to get ahead of the usual "oh so you want government to force people to do business with X" replies), but that doesn't make the problem go away. I suspect even the author would realize this if, e.g., speaking up for LGBT rights got you fired from 90% of all jobs. Which, ironically, is illegal, but I won't hold my breath on the author complaining what an unconstitutional imposition on the 1st amendment rights of free speech and free association the Civil Rights act is.
People who are sincerely concerned about free expression, people I admire and respect, argue that we must avoid “manipulative” and “ad hominem” criticism to protect speech — without really engaging the problem that both the critic and the criticized are people with free speech rights and interests.
Where others see a problem (e.g. cherry-picking content from Twitter and framing it as the norm, or any other dishonest, manipulative framing, or complaining about the general culture of shaming), he throws his hands up with "technically not libel I guess". He wants a precise definition that could be written into a law or contract, before acknowledging any complaint as valid.
The fundamental paradox of free speech is that protection of speakers from consequences of their free speech necessarily imposes on others' free speech, while not providing that protection also imposes on the speaker's free speech. No matter how you want to draw that line, you end up hurting somebody.
SCOTUS has essentially "solved" the problem by deciding that the government just can't ever decide how to draw the line. If you look at the history of free speech cases, SCOTUS almost invariably decides to permit the speech, pushing the bar for illegality further and further back. Private parties suing each other for violating free speech is essentially non-justiciable (okay, there's defamation, but the grounds for defamation are very extreme in the US so as to be almost never applicable, as Twitter will find out multiple times in the next few months).
If you're running a social media site, well, you similarly have to face these conundrums. But if you're reliant on advertisers for your income, you'll also find that you can't just nope out of it. Mike Masnick has a good guide on just how difficult it is for these companies (https://www.techdirt.com/2022/11/02/hey-elon-let-me-help-you...), which I'm sure Popehat would endorse.
At the end of the day, you can't win. You have to piss off somebody. And, personally, I'm not going to side with the faction that wants to deny my right to existence.
I think he is merely pointing out that you can’t just say “someone is doing something that harms me as a result of my speech” and call that censorship. Otherwise literally no one could ever make any decision based on someone’s speech, which is insane. The reason he is asking for precision is because ultimately it is helpful to actually engage with the question of how do we allow debate without turning things into a mess, and that likely requires making some normative statement about what should and should not be ok to do in response to speech.
Your right to freedom of speech does not invalidate other people's right to freedom of association. That isn't a problem, it's a feature. We have very narrow exceptions to freedom of association, to prevent discrimination. Outside of those exceptions, people always have the right to say "I want nothing to do with you", and that's a very powerful right. That isn't a problem that needs solving, it's a feature to be cherished.
1A might not be the end-all, be-all of freedom of speech, but what Musk is trying to push here is not anywhere close to freedom of speech. At all[0]. He wants to censor his critics, and has figured the easiest way to do so is to co-opt legitimate concerns about advertiser control over the Internet and use it as evidence of him being "censored". It's a very transparent attempt to do so, and Musk's commitment to freedom of speech is laughable, so we don't need to argue where the line between advertisers' freedom of association and Musk's freedom of speech actually lies.
But if you do want to argue where that line should be, fine. I'll bite.
Advertisers absolutely have too much control over speech online. 404 Media recently published an article about how brand safety filtering has more or less defunded a lot of news coverage relating to the loss of reproductive healthcare and women's rights in America. So I can empathize with what you're saying. However, I can't think of a coherent legal argument as to what the advertisers are doing wrong.
In telecom law, we have the concept of common carrier regulation, which applies to middlemen that connect two parties together. e.g. your phone company cannot bill extra for the same phone call because it happens to be valuable to you[0]. We took a look at the balance of harms and decided that a phone network that cuts off businesses to extort money out of them is worse than the burden placed on phone networks to serve all customers, even the awful ones.
How would this apply to a situation in which the edge of the network decides they don't want to associate with you? We're not talking about ad exchanges cutting off Twitter, mind. These are individual ad buyers all looking at Musk's behavior and deciding "we don't want to give this person money because it makes us look bad if we do that". Do we force ad buyers to blind-buy ad inventory to get around this? Can that even be done? How do they deal with the potential brand damage of being forced to give money to someone that people think is a censorious antisemite? Do companies just eat the loss of goodwill or do we force people to buy from companies they hate to "maximize free speech"?
At some point we have to cut the chain of logic off, before the cure is worse than the disease.
[0] More generally, my personal opinion is that free speech should have a self-defense clause: i.e. that it should not afford speech protections to acts that are contrary to freedom of speech. I think advocating Nazi ideology would count as such an act; certainly most of not all of their ideology is a blatant middle finger to the 1st Amendment. Why protect that which wants desperately to kill you?
The “ideal” of free speech would uphold everyone being able to speak in whatever manner they choose. If you’re an economic loser as a result, that is not a failure of free speech, that is a failure of society to protect you from free speech.
You’ve inadvertently stumbled on the exact reason that “free speech absolutism” is absolutely asinine nonsense (Musk’s incoherent/idiotic implementation aside), and why some speech restrictions should at least be discussed, even outside of a US/First Amendment context.
> The “ideal” of free speech would uphold everyone being able to speak in whatever manner they choose. If you’re an economic loser as a result, that is not a failure of free speech, that is a failure of society to protect you from free speech.
Not even the most repressive societies physically prevent people from speaking - they just impose distinctly unpleasant consequences on those who speak in undesirable things. The fact that we impose negative consequences for undesirable speech via different mechanisms than the direct actions of government agents does not make what we're doing fundamentally different. In some ways it's worse - a Thai accused of slandering the King at least gets their day in court and can make their case for exhoneration and/or plead for forgiveness, while someone who is passed around on a list of "terrible human beings" gets no such chance.
"Economic loser" is excessively trivialising very real harm - potentially life threatening in a country that lacks public healthcare and similar basic social protections.
If you think people in oppressive regimes get due process in court then I have a bridge to sell you.
I think trivializing harm is bad but at the end of the day I think you will concede that there is a speech line which can be crossed beyond which you will be fired. Otherwise people could just be cruel and mean to everyone around them and face no consequences. Once you believe that then really all we are doing is haggling about where the line should be… which is something we’ve been doing for generations.
Even if we’re not talking about official action and are talking about group vigilantism, I think we’d agree that if someone had well documented nazi and racist activities outside of work that it would be ok for people to ostracize that person? That just leads back to haggling about boundaries and that’s very hard to sort out without being very specific.
> I think trivializing harm is bad but at the end of the day I think you will concede that there is a speech line which can be crossed beyond which you will be fired.
A real-life and current example I know of is a person who was fired from a HVAC-type job (fixing stuff outdoors) in retaliation for becoming politically active and running for office locally. I don't consider that a symptom of a healthy economy. In a healthy economy, you wouldn't be able to spare these kind of workers as a business. Note that this person's political platform was in no way agitating against his employer or against the interest of his employer.
> If you think people in oppressive regimes get due process in court then I have a bridge to sell you.
Plenty of respected countries with strong civil liberties don't have US-style free speech laws. Holocaust denial in Germany is a crime, but you'll absolutely get full due process first.
> I think you will concede that there is a speech line which can be crossed beyond which you will be fired. Otherwise people could just be cruel and mean to everyone around them and face no consequences.
Merely ten or twenty years ago it would've been very mainstream to say that people have every right to be as cruel or mean as they like as long as they don't cross from word to action, and that while private individuals might well shun someone who was known to be cruel and mean in their private capacity, it would be a bizarre overreach for an employer to fire them because they were cruel and mean off the clock, or a business to refuse to serve them because they were cruel and mean outside of their relations with that business.
> Even if we’re not talking about official action and are talking about group vigilantism, I think we’d agree that if someone had well documented nazi and racist activities outside of work that it would be ok for people to ostracize that person?
I think it's obviously ok for people to not want to be friends with a person like that, and to not allow them in their social clubs. Equally I think it would obviously not be ok to lock them up, confiscate their property, or deny them medical treatment - certainly not without full due process, and even then, political opinions (again, as long as they remain opinion and don't pass from speech to act) are something explicitly recognised as a human right in the UN charter. In a country with a strong social safety net, refusing to employ someone doesn't come close to any of that - but in a country where no job means no medical coverage and a real risk of losing access to food and shelter...
> The fact that we impose negative consequences for undesirable speech via different mechanisms than the direct actions of government agents does not make what we're doing fundamentally different.
It absolutely does. There is a fundamental difference between "go to jail because of your speech" and "people don't want to do business with you because of your speech". The former is making speech illegal; the latter is the fundamental right of every person to decide who they associate with.
> It absolutely does. There is a fundamental difference between "go to jail because of your speech" and "people don't want to do business with you because of your speech". The former is making speech illegal; the latter is the fundamental right of every person to decide who they associate with.
"Illegal" is just a word; if the village locks you in a cage, or hangs you, it doesn't make any real difference whether they signed some pretty documents first or not. And if rather than hanging you they "exercise their fundamental right to decide who they associate with" and refuse to sell you food, or allow you to forage on their land, well, you end up just as dead. Extreme example obviously, but that's the direction we're heading in. We already recognise that enough individuals choosing not to associate with someone adds up to a denial of that person's rights, otherwise we would never have antidiscrimination laws.
> Extreme example obviously, but that's the direction we're heading in.
It's really not. There's no slippery slope here; the slippery slope is a fallacy for a reason. We can, in fact, draw a line between "refuse to do business with someone" and "let someone end up dead", and say that the former is perfectly acceptable and the latter is not. This is not an argument against freedom of association.
> We already recognise that enough individuals choosing not to associate with someone adds up to a denial of that person's rights
No, we don't. We recognize that choosing not to associate with someone because of some specific protected characteristics is discrimination on the basis of those specific characteristics, and we've decided to create narrow exceptions to freedom of association to prevent discrimination on the basis of those specific characteristics.
There are many other characteristics for which you are absolutely allowed to refuse to employ someone. You are absolutely allowed to refuse to employ someone because they promote hatred towards others, for instance, just as you can refuse to employ someone because they can't or won't do the work you're hiring for.
That doesn't mean they should starve to death or get no medical care. Everyone should have food and medical care. By all means, let's fix that in our society, and have it not be tied to employment. That would solve many problems.
> There's no slippery slope here; the slippery slope is a fallacy for a reason. We can, in fact, draw a line between "refuse to do business with someone" and "let someone end up dead", and say that the former is perfectly acceptable and the latter is not. This is not an argument against freedom of association.
You've already got plenty of documented cases of e.g. person gets fired, loses medical coverage, has to start rationing insulin, dies. So the slippery slope is real.
> No, we don't. We recognize that choosing not to associate with someone because of some specific protected characteristics is discrimination on the basis of those specific characteristics, and we've decided to create narrow exceptions to freedom of association to prevent discrimination on the basis of those specific characteristics.
Right, and the rationale for that is that discrimination on the basis of those specific characteristics was so widespread that it crossed the line from freedom of association to denying people their rights. At least that's what I was told here.
(Also note that many lists of specific characteristics that should be protected, e.g. in the UN declaration of human rights, explicitly include political opinions in their list alongside things like race and religion; omitting that in US law seems like a historical oversight rather than real social consensus)
> That doesn't mean they should starve to death or get no medical care. Everyone should have food and medical care. By all means, let's fix that in our society, and have it not be tied to employment. That would solve many problems.
If and when you've fixed that, that will be a good argument for at-will firing. But until then it isn't.
> Not even the most repressive societies physically prevent people from speaking - they just impose distinctly unpleasant consequences on those who speak in undesirable things.
Help me understand what you mean by this. To me it sounds like saying somebody was not shot, he just didn't step out of the way of the bullet. Do you mean people are not prevented from speaking because their mouths aren't literally sewn shut?
> To me it sounds like saying somebody was not shot, he just didn't step out of the way of the bullet. Do you mean people are not prevented from speaking because their mouths aren't literally sewn shut?
Exactly. So "just because something bad happened to you after your speech doesn't mean you didn't have free speech" is thoroughly fallacious.
> If you’re an economic loser as a result, that is not a failure of free speech
This neatly avoids the question of whether we should want advertisers and multi-billion dollar corporations to be gatekeepers of the public sphere. As usual, laissez-faire when things are going my way, anti-discrimination and disparate impact laws when they're not.
Our "public spheres" are in fact not public, but rather are private property. Advertisers having control over them is a consequence of this.
If you actually go into town IRL and talk in the public square, no advertiser will be able to silence you because the public square is actually public. Or if you use an actually public means of communication like the postal service, again you won't be cut out because some corporate advertisers consider your speech bad for business. This phenomenon of corporate advertisers being gatekeepers of the "public sphere" only exists in actually-not-public spaces.
> This phenomenon of corporate advertisers being gatekeepers of the "public sphere" only exists in actually-not-public spaces.
I disagree with this.
A very common example is a person saying a thing outside of work, that thing being brought to the attention of their employer, and their employer firing them.
People know this happens, and it creates a chilling effect on what they say regardless of whether they're in a public or actually-not-public space.
> Our "public spheres" are in fact not public, but rather are private property.
You have misunderstood the meaning of the word "public", because it is often used for government provided things. Many private establishments are public spheres, the most common example are Pubs - short for Public Houses.
So you have completely misunderstood the word and arguing from your mistaken assumption.
I haven't misunderstood anything. In a "public house" you can be kicked out of the owner doesn't like what you're saying, because it's private property. In places which are actually public, like a town square, this isn't the case.
I understand that it is conventional to speak of some places that are private property as being public, but they are not public in the sense that actually counts for the protection of free speech.
Some private properties really are part of the public sphere, counting for the protection of free speech. The main example being printed newspapers, that will print opinion pieces sent to them, even when they go against the private owner's interest, even when the opinion piece comes from a political enemy. They are privately owned public forums.
Other examples of public spheres in private hands are the internet provider you're using to read my comment and write your own reply. The ISP doesn't interfere with your free speech. E-Mail is another great example of a public sphere. You can freely send your opinion to any and all the people you want.
In some countries, all unexploited nature is considered public space. Trump's Twitter was deemed a public forum.
It has nothing to do with government ownership, even though most physical public forums are government owned, such as parks, streets and squares.
That Rubicon was crossed long before mass general public internet forums - Mall Cops policing privately owned shopping malls were enforcing the control of the spaces where most of the public convened .. particularly in smaller population centres that had seen their local shopping areas razed to the ground by price cutting mega stores.
" In my view, too many critics of “cancel culture” are recklessly promoting not the speech of the powerless, but the censorious resentment of the powerful."
Yep, to often when i see these anti woke, cultur war, anti cancel culture critics.
What they are actually doing is attacking people's free speech and defending the authoritarians that are actually trying to limit speech and other rights.
They convinced themselves that free speech should protect them from criticism. When criticism is free speech.
Let me divert from Musk specifically for a moment.
The "anti woke cancel culture critics" are in fact concerned with the inorganic, overwhelming influence that a specific family of ideologies has today over the means of modern communication. Observe the similarity with the left themselves, who are concerned with the inorganic, overwhelming influence that a specific class of wealthy people have today over the means of modern production.
Massive advertising companies banding together to protect a specific narrative is as "free speech" as a bunch of colluding megacorps is "free market". And as much as the left resist the disproportionate influence of oligarchs on economy, the proponents of the actual free speech will resist the disproportionate influence of ESG-driven advertising giants on information.
You mean when the advertising companies pulled their money from Twitter after its owner said Jews "pushing [...] hatred against whites" was "the actual truth"? Darn those woke hippies at... let's see... IBM!
Or maybe, just maybe, the simpler explanation is that they don't want their ads running alongside that trash.
> You mean when the advertising companies pulled their money from Twitter after its owner said Jews "pushing [...] hatred against whites" was "the actual truth"?
Not really, because I specifically stated that my response was not about the Musk situation. "Jewish communities hate whites" does sound pretty antisemitic to me.
But so does the equivalent trash of "all whites are racist", which for some reason is a-ok for the advertising companies.
I've been pondering a thought that we need to stop treating racism as something like a witch hunt, and analyze it more like excrement. Not something that's limited to specific people, but rather something everyone has a bit of. Not something that can ever be eliminated, but rather it's everyone's responsibility to mitigate it. Anyone can get some on their hands by accident, laziness, or dealing with a problem. But you don't come out of the bathroom waving it around and expecting to be appreciated. And if a bunch of people started proudly declaring that they shouldn't have to wash their hands and generally validating each others' slobbery, they'd be rightfully shunned.
This framing has some nice results like the contortions around "reverse" racism and the whitewashing of "positive" racism as "not racism" aren't necessary. If you're engaging in collectivism based on race, that's racism - regardless of whether your intent is "good" or "bad". And sometimes that's inevitable (cf "dealing with a problem"), but that doesn't mean it's ever something to really be celebrated.
Back to the topic with that in mind - it's "a-ok" because the advertising companies are racist, as they've generally been. Group stereotyping is a deep part of human psychology and therefore a powerful marketing tool. The main things that have changed is what is considered aspirational and high class, and what is considered verboten.
Many racists proclaim people “misunderstand racism” when their different standards for different races are denounced for being racist.
After 160 years of the same political party fighting to rebuild racism, generation after generation, people are done hearing the moralizing excuses for why this time Democrats have the magic formula for virtuous bigotry.
>After 160 years of the same political party fighting to rebuild racism
Is this serious comment? There was nothing that happened in the parties in the 1960s? Maybe 1964? All of a sudden the people in the south just suddenly decided to no longer be racist, and joined the Republican party fighting _against_ racism?
> All of a sudden the people in the south just suddenly decided to no longer be racist
That's pretty much what happened. The CRA (passed despite the opposition of southern Democrats) shifted the social equilibrium away from racism and a segregated society being totally normal and state-sanctioned, and Southern states had to reinvent themselves along different lines. They broadly chose economic freedom starting from the 1980s (despite continuing opposition by Dems, who to this day favor heavy-handed state intervention and a highly paternalistic attitude towards minorities), which is what created the modern Sunbelt.
Yes — the same party has been persistently racist.
After the Civil War, they formed the KKK and Jim Crow to circumvent civil rights.
In modern times, they implemented racial quotas then racial preferences, both of which were ruled illegal bigotry by the US Supreme Court. (At Harvard and UNC, just last year.)
The same party who called blacks “super predators” (Clinton) and whose current president described integrated schools as a “racial jungle” (Biden).
The same party whose supporters are in the streets today, chanting genocidal slogans such as “from the river to the sea”.
The former DNC chairwoman just this week mocked the name of someone born in the US with Indian heritage and told him to “go home!”
you can’t be racist against white people. the definition of racism centers on power not the tone of dermis. read some different books and open up that independent thinking some.
"you can’t be racist against Jewish people. the definition of racism centers on power not the tone of dermis. read some different books (Mein Kampf, The International Jew) and open up that independent thinking some."
Pat yourself on the back I guess. Your blind hatred of White people has caused you to use literal Nazi rhetoric.
Institutional racism happens against white people — and denying that is supporting racism, even by your modern definition meant to minimize the on-going racism of the Democratic Party.
These same companies are noticeably silent over the outpouring of support for Hamas on TikTok and other platforms, or when #KillAllMen was trending on old Twitter.
> that trash
... is defined ideologically, it's the point being made here.
"Jewish Communities" doesn't mean "All Jews", and that's obvious to anyone not looking for a reason to be angry. Muslim communities just bombed the hell out of Israel, and that's not islamophobic to say, because it doesn't implicate all Muslims.
I don't know about that. As a reader, I find that "Jewish Communities" very much sounds like "All Jews" and "Muslim Communities" very much sounds like "All Muslims". If that's not what the authors mean, I'm sure that there are much, much better phrasings.
That may very well be your own bias. If I say "Christian Communities hate gays", you'll probably think of one or two specific communities. When I saw "Jewish Communities" in gp's headline, I immediately thought "oh, the ADL", because they're bigots and don't really hide it.
Everyone has biases, and you're not exempt. If you know that your language might be grossly misinterpreted, consider changing it, if only for your own image.
> If I say "Christian Communities hate gays", you'll probably think of one or two specific communities.
That might be true for me, but I'm thinking of "Protestant Christian evangelicals and co." as one community, so...
And my point is that "Muslim communities bombed Israel" is not an obviously reasonable statement. If Reuters or AP posted an article with that phrasing, I'd wonder if some party other than Hamas was fighting Israel now. At that point, why not just say "Muslims bombed Israel"? It's technically true but also wildly disingenuous. You'd have to qualify it with a bunch of details in order to make it an honest, good-faith statement.
But it's the literal truth, and using a descriptor on a group of people acting does not attribute the action to all people who fit the descriptor. Not all mammals are dogs, and that shouldn't need to be said.
The clear subtext in your examples is "Jews" (not "some Jews"), "Muslims" (not "some Muslims"), "Christians" (not "some Christians"). A racist (or variant thereof) will not say "all Jews"/"all Muslims"/"all Gays"/... , they'll just casually namedrop "Jews" (or even a single Jewish personality), "Muslims" (or even a single Muslim personality), "Gays" (or even a single Gay personality), and use this as a dogwhistle.
If you write "Christian Communities hate gays", I will very much read "all Christian communities". And deduce that you're probably spewing nonsense, just as with "Jewish communities" and "Muslim communities".
Also, please do not make assumptions on my biases.
It definitely means that, as a general rule, dogs bite people. It might not mean all dogs, but it's definitely a warning against dogs in general.
Now, transpose this to human beings. The message we're commenting is a warning against Jewish Communities, i.e. I can't think of any reasonable way to interpret it other than as antisemitism.
You say "that's obvious" but your terminology is ambiguous. I wouldn't say "Muslim communities bombed Israel". To me, that sounds something along the lines of "the predominantly Muslim countries in the Middle East teamed up and bombed Israel".
And that's your bias speaking, since my statement is factual. It's perfectly normal, and you can accept that my meaning and your interpretation can be wildly different, therefore accusing me of the worst possible interpretation is unfair.
It's totally fair. If you're going to be intentionally ambiguous just because it's technically correct, we can just assume you're an asshole and extrapolate from there
Maybe an organic overwhelming influence is how there's a lot of gay and Jewish people in musical theater? Unless it's actually an inorganic influence (thanks to the shady machinations of Big Sondheim...)
I've only ever understood "organic" to refer to one of four things:
1. Chemistry
2. Farming/food (under one of various specifications)
3. An oddly-named composition technique in which phrases of music are built up using musical "Lego blocks", championed by Beethoven (and used by Sondheim, btw)[1]
4. I didn't do my research but I'd like to exhibit superiority to some other thing/group. (Otherwise, that other thing is more precisely described as "astroturfing," "fraud," "shills," etc.)
1: this used to be a bit superior, but it's old and obscure now so I grandfathered it in
He's talking about the frankfurt school, and its use of the Critical theory (aka the ouija board of social theories that you can analyze any minor difference with as long as you want the outcome to be there's an oppressor/oppressed situation here and it requires a bloody revolution) to foment radicalism and revolutionary violence in any group it can get its hooks into. The schools influences include the greatest hits of 18th and 19th century quackery, including marxism and Freudian psycho analysis, along with special guest, a blast from the past Idealism!
Notable members of the Frankfurt school include Herbert Marcuse who is most known for being one of the three authors of Repressive Tolerance, a 123 page exercise in how to say we need to kill a whole bunch of people until the repression free utopia emerges from the pools of blood, without actually saying we need to kill people outright.
Reminds me a lot of the Let's Go Brandon crowd. The explicit and literal point of the First Amendment is that you're allowed to say "Fuck Joe Biden" loud and proud with no repercussions. Ditto for any other politician. Self-censorship to prove a non-existent point is totally backwards and self-defeating and demonstrates the level of civic understanding at play there.
Let’s Go Brandon became a meme because a news anchor censored the crowd obviously chanting “fuck Joe Biden!” on air.
People were mocking actual censorship in the media, by repeating the phrase — often accompanied by “fuck Joe Biden”, as in the numerous tracks about the meme. Which were also censored at first (eg, on iTunes).
How you got from that to “self-censorship to prove a non-existent point” is mystifying.
> It started at an Oct. 2 NASCAR race at the Talladega Superspeedway in Alabama. Brandon Brown, a 28-year-old driver, had won his first Xfinity Series and was being interviewed by an NBC Sports reporter. The crowd behind him was chanting something at first difficult to make out. The reporter suggested they were chanting “Let’s go, Brandon” to cheer the driver. But it became increasingly clear they were saying: “F—- Joe Biden.”
> The reporter suggested they were chanting “Let’s go, Brandon” to cheer the driver. But it became increasingly clear they were saying: “F—- Joe Biden.”
They were mocking the news anchor censoring the truth by lying about what the crowd could clearly be heard saying.
I'm just sitting here as a small-l libertarian that's in tune with the concept of logical reductions (eg Turing completeness, NP-completeness, etc), wondering when people will wise up to the idea that sufficiently coercive corporations are indistinguishable from government and vice-versa.
Arguing over this false dichotomy uses up all the air in the room, when we should actually be focusing on the amount of control being exerted. The richest person in the world has plenty of options to speak his mind, regardless of big advertisers no longer doing business with him due to his apparent views. Whereas I'm actually more supportive of the ability of the original poster to post his racist diatribe while not being censored by Twitter [0], if for nothing else than so these racist shitheads don't think too hard before outing themselves.
[0] Not that this is even a concern with the current "X" for this particular type of content.
people will wise up to the idea that sufficiently coercive corporations are indistinguishable from government and vice-versa
I will 100% agree that large-corp is a threat to democracy, and specific freedoms. But indistinguishable? Come on.
A government can prevent you from speaking your mind, via legislation and the judicial branch. In terms of raw power, they have the capability to throw you in jail, they can detain you, they can prevent protest, pass laws to make your specific actions literally result in incarceration, they have armies, and police, and state spies, and on and on and on.
Corporations may sometimes avail themselves of some of that power, but it is still the state wielding it. Corporations by themselves have little direct power, compared to states themselves.
And yes, corporations will perform tasks for the state, and the state will sometimes perform tasks for corporations. But that's not my point.
My point is, having a large corporation does not immediately provide for a massive army at the direct control of a CEO. It's just not indistinguishable, at all.
So yes, looking at the specific powers of each entity is a good idea. Just.. keep it in perspective.
Ah, here we go with emphasizing the dichotomy. As I said, the important part for comparison is the amount of control being exerted.
Jail is certainly a pretty strong deterrent. But it's actually not as strong as say not being able to eat. Which is contingent upon there being enough competition [0] between providers of food such they can't exercise coercive power. And the surveillance industry has been steadily destroying that open market dynamic we take for granted, for example "the unbanked".
And thinking about coercion in hard discrete terms is fallacious as well. If the government illegalizes some thing, whereas cooperating corporations just make doing that thing such an uphill battle that most people don't do it, the net effect is quite similar. Resist the temptation to think "sure but you can still opt out", because while that can work for a handful of things that really matter to you, this won't actually change much. And conversely, you can actually still do anything the government has declared illegal if you're willing to possibly pay the price.
[0] or more accurately - not too much collusion. these are different measures
I just think it's vital to not even mention the two in the same sentence. You seem to agree with me, in one respect, for you cite how you wish to focus on control. I'm all for that.
But each of these two controlling aspects of our lives, are different entities, with different ways to address, rebuke, curtail, and prevent that control. And the control they each exert is unique. This is why I replied, for even though you stated you didn't want to focus on the dichotomy, you brought it up, and waved it away, stating it was not relevant for this discussion.
But it is. It is, because each of these entities must be fought in unique ways.
I think we mostly agree here on the large points. It's just nuance we're debating.
I said 'sufficiently coercive', because the equivalence is in the limit. Even just one corporation that you can opt out of is a step up from government in many regards. But it can also be a step down in other regards if there are fewer ways to influence that corporation, and the consequences of opting out are significant.
There are of course differences in the ways you can "address, rebuke, curtail, and prevent that control" based on the specific details of the entity - just as there are stark differences between democracies versus dictatorships, and publicly traded corporations versus privately held. And when we're talking about pushing back, those details should certainly be mentioned.
But my point of emphasizing the similarities between the two large categories is to preempt this all too common pattern of people justifying corporate oppression by framing it in terms of voluntary association, while turning a blind eye to the actual coercive dynamic. I'm sure we do agree on a lot of things, but honestly your first comment is ripe with laying the groundwork for such type of justification. Corporations can certainly prevent you from speaking your mind - for example a geographic-monopoly Internet provider that censors based on content. The next step in the argument is of course "you can still speak your mind, just not using their infrastructure", but given that the sheer majority of speech is online today, that reasoning is specious - it's deliberately ignoring the power the company is actually wielding.
Or coming at it from the other direction - if it's definitionally impossible for corporations to exercise coercive power, then why is accumulating such power one of the tenets of business ("build a moat"), and why are so many people so damn interested in having certain corporations perform censorship?
An uncomfortable truth is that the main thing preventing corporations from having their own full-blown armies is the bona fide government. This circular dynamic is why I've come around to viewing freedom as a kind of logical reduction yin-yang rather as a unidirectional gradient - if the bona fide government disappeared tomorrow, the net effect would actually be the loss of much freedom, as those other aggressors would no longer be kept in check. Big-L Libertarianism sidesteps this by just asserting that having a singular military is one of the few necessary functions of government, but it's not clear why such an exception should only apply to one single topic when that same circular dynamic applies at other levels of abstraction.
Realistically, I think you're more hitting up on how to convey, than what the actual is. Probably this should be more dynamic, where different audiences receive the same, but differently phrased message.
Here's an example. Discrimination. Here's a factual phrase: women are less intelligent than men. That's not discriminatory, what is discriminatory, is if I use a minor deviation in averages, to look at $random_woman, and presume she is less intelligent than $random_man.
For example, there are many women that are more intelligent than many men.
My point is, we've had to "dumb down" discrimination, by trying to claim, in many respects, there there is absolutely no difference between men and women. This has led to detrimental outcomes for women, a key example being that as most medical volunteers are men, many models of the brain are predicated upon the male, and therefore? As people say "why, there's no difference between the male and female brain!", it has actually harmed women's outcomes.
I am concerned about the parallel here. That the more we lump things into mega-categories, the more positive outcomes for nuanced groups is lost. And that means that the best solutions may be unavailable, for if they cannot be applied to "overall group", then they may be deemed useless.
I know you're not advocating any of this. And I know your goal is to just ensure people fully understand the risks.
But my point is, much as the fight against discrimination has been whittled down to "there is no difference!", because the stupids cannot understand nuance, you seem to be in a trap of having to whittle down to no-nuance, for the same reasons.
I'd say the problematic dynamic with assertions like "there is absolutely no difference between men and women" is that they terminate a chain of thought, and then get used as a lemma in support of a conclusion. They're held in place by social consensus [0] rather than a lack of nuance.
Hypothetically I can see this happening with my argument, but I'm only imagining more checked-out cynicism. Maybe you see how it's poised for something worse?
What I do commonly see are arguments in the vein of "it's impossible for a company to be coercive", which I'd say is the same exact dogmatic pattern you're describing. They're used to justify a state of affairs, and then offer a fallacious solution like "go start your own company". The wishful thinking here seems to be based on emphasizing the distinction between corporate power and government power [1], which is why I think it's useful to point out the commonalities.
[0] like only now that the mobs have passed, can you use this spicy but technically correct example
[1] see the common trope of people asserting that freedom of speech only pertains to the government, when it's just a general concept and the government-specific bit is the legal framing of the first amendment
> sufficiently coercive corporations are indistinguishable from government and vice-versa
It is the current state of the US, but I think it's not inevitable and more due to the circumstances of the US. Regulating billboard usage and advertising limits reach. I'm not sure if this is necessary, but a better online platform ecosystem with rich filtering capabilities could help. Lobbying is harder to curb, since corruption is corruption, but it can probably be done. I think then the big issue is if the corporations amass a private military or something, since they can't artifically extend their voice that much.
As a big-L Libertarian, I totally get where you're coming from. It's spot on - focusing on this government vs. corporation debate is missing the forest for the trees. What really matters is how much power any entity has to stomp on our liberties, whether it's the feds or big tech.
The richest guy can say whatever he wants; he's got the means to bypass the usual channels. But what about the average Joe? That's where our concern should be. It's not about agreeing with what's said, but making sure everyone can say it. We need to keep our eyes on the real issue: preventing anyone, government or corporate, from getting too much control over our free speech. It's all about that freedom, not getting bogged down in who's the bigger threat.
> What they are actually doing is attacking people's free speech and defending the authoritarians that are actually trying to limit speech and other rights.
Huh, I'm lost? Can you cite an example?
To be clear, "___ is a lunatic and advocating for bad things" is a criticism.
"___ is a lunatic and their message should not be permitted" is limiting speech
> "___ is a lunatic and their message should not be permitted" is limiting speech
No. That advocates for limiting speech, but is not itself limiting speech. If I say meat should be banned, that doesn't actually prevent you from eating a burger. The distinction here is important.
Better title: "My Free Speech Doesn't Mean My Freedom to Defame or Defraud"
I'm unfamiliar with the author, Media Matters, or frankly Elon Musk (past unavoidable tidbits from his annoyingly incessant omnipresence in media). But unless I'm missing some assumed context, the author completely ignores Musk's positions in the tweets they reference, instead attacking a Musk-shaped straw man.
Musk is alleging defamation by Media Matters, with supposed proof of their deceptive practices, and is using the appropriate (i.e. legal) channel to litigate his claim. The author chooses to heave rather petulant and irrelevant insults at Musk in lieu of addressing Musk's position.
Side note: I disagree with flagging this article. It's about a tech CEO regarding a tech platform on the tech topic of online content moderation. The article belongs on HN.
I haven't read Ken White's stuff for years, but I saw it here so I looked.
Musk's case is not about free speech or censorship, it's about tortuous interference. Media Matters pushed a false narrative and it was used to convince large companies to withdraw their advertising from Twitter. MM is in pretty big trouble here because Twitter precisely describes what they did, (as retrieved from their logs) in the filing.
Disturbingly myopic. As if the problem were simple! It's not. People will self censure if they fear retribution. This is particularly true when that retribution takes the form of ostracism, personal or professional. This used to be very rare! Now it is common. The concern about "first amendment rights" are a total red herring. Who cares about the law? Ostracism doesn't and never needed a trial.
What this boils down to is defending drum-head trials where the penalty is ostracism. To defend such a thing you have to minimize the outcome, claim that ostracism isn't so bad, or you have to generally agree with the outcome of these trials as "obvious". Both of these avenues are cruel and pernicious. There is little more painful than ostracism, and there is little or no justice in these judgements. At the very least, we all need to agree to a Geneva Convention on speech war where fine, we can personally ostracize someone but we cannot, will not put pressure on others to ostracize someone, too. That second-order pressure goes viral, spirals out of control, and its not fair not right and it's not just, no matter what your politics.
I don’t think it used to be as rare as you think. The internet mob phenomenon has made it easier for random people to be bizarrely piled on for one bad comment but in the recent past famous well-liked people had to completely hide that they were gay or have their careers ruined. Additionally, McCarthyism was a thing and certainly being an atheist in most of the country wasn’t exactly pleasant until very recently.
Tell that to the tens of millions of graves that Nazis and Fascists littered Europe with, within living memory.
All this pearl clutching about cancel culture is just a naked attempt to permit the normalization of Fascism, gay bashing, Jew hating, and pushing down the Blacks again, in order to energize the last vestiges of the aging-out conservative right wing.
I'm not sure many understand the historical context of the rise of the Nazis. Germany had just ended up on the losing side of "the war to end all wars" or WW1. In the Treaty of Versailles, which Germany was not allowed to participate in the negotiation of, they were forced to accept all guilt for the war, give up vast tracts of land, and then pay an a unpayable amount on top, which many even at the time argued was excessively myopic.
Following their defeat in WW1, the country fell into civil war which eventually led to the creation of the short lived Weimar Republic. Their economy then collapsed into hyperinflation and was stabilized only by even more lending (and thus more debt) from the West. Then in 1930 the Great Depression hit, which ended that lending, and their entire economy spiraled into destruction, with widespread unemployment and the rise of violent extremism across all political ideologies.
To think this could have been stopped by more censorship is not realistic. In fact censorship was one of the key ways the Nazis finally managed to consolidate power, as they were never especially popular. They never won a single election with a majority. Their best result in anything even vaguely resembling a fair election was in July 1932 where they gained a plurality with 37%. By November, when another election was called after they failed to form a government, they were down to 33%. They only won by shenanigans, and consolidated with censorship and totalitarianism.
> In the Treaty of Versailles, which Germany was not allowed to participate in the negotiation of, they were forced to accept all guilt for the war, give up vast tracts of land, and then pay an a unpayable amount on top, which many even at the time argued was excessively myopic.
This repeats several depressingly common myths. For starters, germany was "forced to accept all guilt" (several other countries were considered "guilty" by those treaties) because they were guilty. While not the sole participant, they actively encouraged the starting of the war and then immediately took advantage of it by invading france.
After spending 4 years of brutal fighting literally just to make the germans go home, the people defending themselves were more than a bit mad.
As to the famous war debt, for one thing its size wasn't much larger, relatively speaking, to the debt germany had just imposed on france a generation previously after france lost a war in which they invaded germany. This kind of war reparations was extremely common, and while obviously burdensome, hardly an excuse to launch another global war of conquest.
Much like france and its war debt, germany could have easily paid what it owed without collapsing. One of the thing the nazis and friends deliberately did was cause hyperinflation in order to both decrease the debt and to encourage anger among the populace to hopefully cause them to "rebel" against the existing leadership and support the extremists in thr nazi party.
Even after hitler took power (as you point out, at best semi-democratically) germany's economy was no worse off than any of the other major powers going through the depression, but instead of doing public works like america did, hitler deliberately allocated an unsustainable amount of money into war production, money that obviously had zero return to the german people. A large part of the reason hitler started invading when he did was because they had basically run out of money and their choice was use their expensive army or sell it off in order to buy food and oil.
That is not a particularly fair recounting of WW1. The entire world was at fault for that war. A Bosnian Serb, probably with state backing, assassinates the heir of Austria Hungary. Serbia then refuses Austria Hungary's terms for settlement of the affair, so Austria Hungary decides to invade Serbia. This then drives Serbia's ally Russia to intervene. But Germany had a military alliance with Austria Hungary which then drove them to intervene on behalf of Austria Hungary. Of course France then also had a military alliance with Russia, so they're now in the game. And so on, and so forth.
Germany is only uniquely guilty there in the sense that the loser of a war is always the one who did wrong.
And the Nazis didn't cause hyper-inflation. They didn't take power until 1933. The inflation, that would quickly end up turning to hyperinflation, began shortly after the Treaty of Versailles in the early 1920s, in the Weimar Republic. Germany didn't have anywhere near enough money to pay off their debts under the Treaty of Versailles, which demanded payments in gold or foreign currency only. With their gold reserves long since exhausted, Germany had little choice but to begin printing money in order to buy foreign currency. And even that wasn't enough, as their currency inflated to the point of worthlessness causing them to default on their debt, which then lead France/Belgium to make things even worse by invading and occupying the [industrially key] Ruhr region of Germany in 1923, and responding to predictable German acts of civil disobedience by killing civilians. And as above - 'so forth, and so on.'
My friend, straw men are rarely the sign of a literate mind, but you took it to a bold new level here. WW1 was in 1914. The Nazi party did not exist, and Hitler was a 24 year old low ranking dispatch runner of no note, volunteering in the Bavarian army.
speaking of bold new levels of misdirection and Nazi apologia, I was, and clearly, referring to your nonsensical implications about Nazis really not being to blame in your third para.
It's the same story there. Hyper inflation began in the Weimar Republic / Germany in 1921. The Nazi party was only formally formed in 1920 with a handful of members. By the time hyperinflation was raging, the Nazis were a group of people with 0 political power, largely made up of drunkards and misfits.
> Serbia then refuses Austria Hungary's terms for settlement of the affair, so Austria Hungary decides to invade Serbia
And you talk about fair recounting?
First off, every single war decision is made by humans. People seem to gloss over this when talking about history and countries, but even if you have a treaty with another country, you're still making a choice to declare war. You can argue that its always the moral choice to obey a treaty and declare war, but its still a choice.
Secondly, the austro-hungarian "terms for settlement" were deliberately designed to be refused, the terms were extremely punitive and made with every intention of provoking a war. This isn't speculation, this is what the people making the terms said to each other. Also a sizeable part of the reason austro-hungary felt able to make such demands is because germany was encouraging them and offering support, both via treaties and more informal communications.
After that, yes, treaties gave other countries reasons to get involved in that war, but I think there's a pretty clear moral difference between "serbia gets invaded so I'm going to honor my treaty to attempt to defend them" and "oh hey, my ally started a war by invading someone, I'm going to get in on that action and invade someone else!"
> that would quickly end up turning to hyperinflation, began shortly after the Treaty of Versailles in the early 1920s, in the Weimar Republic. Germany didn't have anywhere near enough money to pay off their debts under the Treaty of Versailles,
First off, "shortly after" is doing a massive amount of work there. Yes, in terms of "history of the world" it was a short amount of time, but that doesn't mean one caused the other. The inflation was a combination of poor economic decisions and deliberate attempts to destabilize the country. Hitler wasn't made leader until 1933 but the nazis (and more importantly, their backers and allies) had a large amount of power in the country even in the 1920s (see the beer hall putsch, it didn't succeed but just the fact it was possible says a lot).
Yes, the occupation of the ruhr didn't actually help, but the occupiers also left after 2 years and a new plan of repayments was agreed to. You can argue that its "natural" or maybe just "predictable" that germany would (essentially) start voting for the nazis after something like that, but its still a choice people made, and more importantly, the choice to start invading other countries was made well over a decade later.
The point I wanted to emphasize is that all of these wars were the results of people making choices. You're never forced or required to invade someone. You choose to do that, and germany rightly bears the blame for choosing to do so. You can argue that other people/countries could hade made different choices and those different choices might have influenced the choices people in germany made, but again, they're not controlling the people making the choices.
(Also this whole storyline is a great counter-example to the silly trope about "victors writing history" since there is a massive amount of, uh "myths" about ww1 and ww2 era germany written by the germans, who certainly didn't win)
And you're glossing over the initial catalyzing event here. Austria Hungary just had their leader in waiting assassinated, with state backing from Serbia. Many wars, if not most, are started under false pretext, or with false evidence. Another state participating in the assassination of your heads of state is one of the most just, reasonable, and textbook causes for war imaginable. Austria Hungary invading Serbia was just, even moreso after giving a Serbia a diplomatic way out, even if the terms were indeed harsh. Russia moving to defend Serbia was just. Germany moving to defend Austria Hungary was just. Everything following the assassination was just and reasonable from near to everybody involved.
As for inflation, "shortly" after isn't doing any work there. Hyperinflation began in the Weimar Republic in 1921 [1]. The Nazi party had only been formally formed in 1920 and had exactly 0 power. The hyperinflation is one of the means they managed to recruit as many people as they did. It created a large base of premium recruits: young, drunk, unemployed, and angry. But to claim they created said economic circumstance is, let's say, you perhaps mixing up this moment in history with something else.
Had Austria Hungary won, then a parallel dimension you could well be here arguing that the consequences e.g. Russia (or France or whomever else) faced were perfectly just and reasonable. You might say that it's one's choice to come to the defense of an ally, and choosing to defend an ally under assault for assassinating another nation's leader speaks bounds of your own integrity, or lack thereof. When looking at history (and the present and future) I endeavor to try to take a position that I think I would hold, regardless of who won and who lost.
> And you're glossing over the initial catalyzing event here. Austria Hungary just had their leader in waiting assassinated, with state backing from Serbia. Many wars, if not most, are started under false pretext, or with false evidence. Another state participating in the assassination of your heads of state is one of the most just, reasonable, and textbook causes for war imaginable.
I guess we'll just have to agree to differ on that one. Murder is a crime and the perpetrators should be punished... which they were. Many members of the groups involved in the assassination were tried and several were sentenced to death. Invading another country afterwards and calling it "just and reasonable" is more than a bit ridiculous.
Also, just for the record, franz ferdinand wasn't anyone's leader, he was the son of the current emperor of austo-hungary, and to be honest, most of the political elite who led the effort to start a war didn't particularly like or care for him anyways. Somewhat ironically, a large part of this dislike is because ferdinand was generally arguing in favor of peace.
As for "regardless of who won and who lost", my consistent point is condemning the invaders, regardless of whether they won or lost. Again, for example, france invaded germany a few decades earlier, lost, and had to pay reparations, and basically no one has ever brought it up again as some kind of excuse for starting a world war.
You're starting to make as absurd of statements as the other guy in this thread. Franz Ferdinand was the defacto leader of the entirety of the entirety of Austria Hungary, and had already assumed all major responsibilities. He was the heir to his brother (not his father) 84 year old Emperor Franz Joseph, who would die 2 years after Ferdinand's assassination. And if you know anything at all about history, this is also where the House of Habsburg met its leadership end, having been in power since the 11th century! The succession mess after Franz Ferdinand ended up with Charles I becoming the heir. And as Joseph died 2 years after Ferdinand's assassination, everything slid down hill rapidly.
Simply suggesting Austria Hungary should have been content to simply let the state, which had just backed the assassination of their head of state, investigate themselves, and be happy with having caught the useful idiots at the end-point of the act, is beyond absurd. This is why their terms to Serbia included the presence of Austria-Hungarian investigators within Serbia. And ultimately I think that accepting a state backed assassination while opposing invasions is just arbitrary mental gymnastics. In many ways I think assassinations and other such acts should be treated vastly more harshly, as there is something particularly pathetic about those who act in the shadows, exploiting good faith and idiots.
When I was growing up on the internet, everyone understood the value of pseudo anonymity. But then Facebook came along and everyone is shocked that attaching your name and face to your random thoughts is a bad idea.
And while a burner account is vulnerable to doxing, at least that’s universally viewed as going over the line. And maybe as an owner of a social media platform, Musk could prevent doxing with better privacy tools.