Comment by xwolfi
6 years ago
I think you forget a detail. Nation state, or any state, are sovereign.
If the national community agrees on something, it's all that matter. We don't have to abide by other countries standards on everything especially if we dont like it.
Im thinking as a French I had to fight a lot with free speech absolutists abroad, while at home we're quite okay with selective censorship... it sounds scary to an American sometimes, but hell we dont care :D
The idea that restrictions in human liberty are subject to when "a national community agrees on something" is laughable at best and evil at worst.
> laughable at best and evil at worst.
Forgive me for not just taking your word for it. Citation needed.
Even your freedom of speech is subject to certain restrictions in the US – you can't make violent verbal threats to people, to name one example.
The problem with Law is that laymen opinions seem to matter even less than in other domains.
I think it had to do with how other domains often have new words for things specific to it, but law, in addition to that, frequently redefines existing words and phrases to mean extremely specific things in particular legal contexts. These redefinitions often are not intuitive to the everyday user of the word or phrase. IMO, this is a big reason why lay opinions seem to matter less. That is, they are often commenting on a message that differs from the actual content of the legal text to such a degree as to be "not even wrong", as it were.
Does that also pertain to drug regulations? Because the US certainly restricts a whole hell of a lot of people based on that.
But what is human liberty?
The problem here (as I see it) is that the definition of liberty is very subjective, and yet people make arguments like yours based on the premise that their personal definition of liberty is an objective truth.
But who draws the "human liberty" line? Where and how does "human liberty" and "individual liberty" intersect? Is the Non Aggression Principle the doctrine on this? Or something more progressive that helps ensure minority rights? Some other option entirely?
Liberty and humanism are topics built on millennia of context and nuance. Blanket statements like yours, while passionate, risk being so reductionist that they distract from the important substance of the conversation.
It's for the same reasons that amending constitutions require more buy-in than just changing laws.
You can establish things that you think are "very important" in a society, and make it much harder to change than other things.
Of course, if everyone thinks you're the king of France, you're the king of France. But establishing rules to counterbalance the state's monopoly on violence and making those be pretty strong protections within the framework of laws helps establish the norms!
Everything has an asterisk in these kinds of conversation. I think most people can understand the relative difference in values between "people should have a right to assemble and speak their mind" and "people should be able to park on the left side of this street on weekends"
The idea of someone drawing lines is positivist bullshit. The Declaration of Independence was grounded on the bedrock of Natural law, and the bedrock of the Constitution was the common law. The context for both was American but the principles therein are Universal.
Liberty is the natural order, but liberties can be tempered by morals and laws. If they existed not in nature, but as a set of approved rights granted to you by secular authorities, then your liberty is not your liberty, but your license.
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> Im thinking as a French I had to fight a lot with free speech absolutists abroad, while at home we're quite okay with selective censorship... it sounds scary to an American sometimes, but hell we dont care :D
I'm not surprised you're being downvoted as I've tried to make this point with American friends before and gotten the same reaction 10/10 times.
To use a very topical example: in other jurisdictions outside of the US, racism is a crime, and speaking out in favor of it or discriminating against someone verbally is not protected by free speech.
In fact, jurisdictions outside of the US often do not even have a definition for the "right to free speech" – it's obvious that you can say whatever you want.
It just so happens that by saying some of those things you may be doing something illegal, not unlike how threatening someone isn't a protected action in the US. So it's not so much a matter of censorship, but one of limits to rights. Every right has certain limitations, and free speech isn't absolute, be it in America or elsewhere.
And in those other jurisdictions you don't have free speech. A woman in Austria was convicted of blasphemy for a factual statement, because it hurts the feelings of people following that religion. Apparently our European human rights that say they protect free speech don't protect free speech.
Free speech as a strongly held value is incredible, because it avoids situations like the above (Austria). It also avoids situations where the police pay you a visit to check your thinking over a tweet (UK). It also avoids the situation where a teenager gets arrested for quoting rap lyrics on Instagram (UK). It also avoids situations where you can be fined for insulting the president by holding up a sign that says "get lost, you prat" (France). It also avoids situations where the government can refuse to allow (not ban, simply do nothing) the publishing of video games, movies, and books in the country (Australia and New Zealand).
Note that in the French case the ECHR actually got their act together and found the French law to be in violation of free speech. If that situation had happened in the US then there wouldn't have been a fine in the first place, because the right to free speech is that important.
People accept these kinds of things, because they don't think they'll ever be in the wrong. However, when it happens to them there's no real recourse.
Edit: keep in mind that that are the countries that are considered to be doing well.
The recent flux of videos of US policemen physically assaulting people making use of their free speech right tends to make me think it's not in fact "that important" in the US to be honest.
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If free speech doesn't protect a person's right to say negative, bad, or even wrong things, it's not free speech. Even the strictest authoritarian regimes don't restrict people from saying approved or positive things--that simply wouldn't make sense unless their goal is to have zero speech whatsoever.
> I've tried to make this point
"Point" in your comment means the muzzle of a gun, not a logical argument.
Oh. But can I think about something illegal ? Can I write something illegal down on paper ? Say something illegal quietly ? Can I say something illegal loudly in the middle of the forest ? Saying something is just a way to make your thoughts known by others. Thought police, and thought crime are just a tear drop away, it seems.
Sorry, but that's called the slippery slope fallacy
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@xwolfi Agree with you as long as majority of national community agree, it is ok. This is how democracy works the minority are suppressed one or the other way and things go the way majority wants. Indeed even on HN if a comment is down-voted it's greyed out so that people cannot read those minority views (obviously if its a hate speech can be flagged, which is already done, but then its thin line and needs tremendous restraint and transparency).
This is another slippery slope and Covid-19 will increase censorship further. Indeed India by censorship legitimize the censorship regimes around the world (including China).
Been working with Internet since it's early years in 1991 and hope it remains free. But it seems less and less likely given every country wants to create it's own Internet, as it became important for being in power.
India allows internet/app companies from other countries. It's just banning chinese apps because it is now in conflict with China.
Same as authoritarian states, e.g. Microsoft Bing and related social network linkedin works in China. Besides Europe and USA, China is one of the largest market for US and European technology companies.
Given the amount of censorship in India, treatment of its minority and arresting protestors without due trial for innocuous Facebook and twitter posts, because some politician or ruling administrations is hurt is not something one needs to be proud of.
As I said it's a slippery slope once the power is given to regime it's hard to get back.
Also just for information India's ranking on Internet Freedom for reference. [1]
[1] https://www.thehindu.com/news/national/freedom-in-the-world-...
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We can respect another nation’s sovereignty without respecting their authoritarianism. I very much believe we should be disrespecting the hell out of authoritarian States, much more than we do so now because authoritarianism doesn’t stop at the borders, it stops at the practical limit that a State can enforce its laws which is why when the NBA was quite literally kowtowing to the PRC, we had a problem with that.
PRC corporations have a history of behaving in a mistrustful manner, combined with their obligations to the PRC State which treats its citizens as subjects, and sometimes not even its citizens, but anybody of Chinese descent, PRC corporations absolutely should be singled out and treated with mistrust. Our corporations have the obligation to turn a profit for their shareholders and sometimes that even means entering into a contract with the government, but theirs also have the obligation to advance the interests of the State. Dual mandates, even when not initially at odds with each other, often eventually come into conflict with each other, and State-owned or controlled corporations often don’t even have the profit incentive but are instead subject to politics. See also: the American corporations Fannie Mae and Freddie Mac for examples of why they’re a bad idea, although their enterprises are domestic.
This is off topic but since you brought it up, we’re not the free speech absolutists that we believe we are. What we took issue with specifically was the idea of a central government regulating speech, assembly, the press and the establishment of churches. We still had established churches for quite some time, but they were governed by the States, not the United States. Let me quote you the First Amendment:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Everything you really need to know is in the first five words. It’s a prohibition on Congress, not a grant of rights, and this would later come to be incorporated against the States as well such that their legislatures have the same restrictions. The reason this amendment exists at all was 1. To quell dissent from the Anti-Federalists which campaigned against the Constitution in the ratification conventions and 2. Because then and now, we’re a nation of dissenters. Many of the people that migrated from Europe to the United States were religious dissenters or penal colonists living in exile. I don’t know to what degree you studied the Huguenots in French history, but they made a few attempts to establish themselves, each time French politics seeking their resupply attempts after the initial landing, before receiving a land grant in what is now Brooklyn, and then was part of the New Netherlands.
As a french I completely disagree. These laws are harmful to everyone who dears to speak.
In France, censorship is a real problem for most intellectuals and individual citizens . Assa Traoré, the leading personality protesting against police violence has been repeatedly sued. Charlie Hebdo, the satiric newspaper that was attacked by terrorists who killed 12 people had been repeatedly sued. Eric Zemmour, a right-wing intellectual has also been condemned for speaking. Citizens who have placed a "Macronavirus" (concatenation of Macron, our president and Virus) sign in front of their house have spent a night at the local police station.
"Hate Speech" is a way too broad definition. And the censorship in France is getting bigger and bigger, notably since the highly-controversial Avia Law that forces Social Media platforms to censor "Hate Speech".
All these examples, have been made with non-evil governments. Our current president is a centrist and the last one was a leftist. Now, imagine what could happen when the far-right has to decide what "Hate Speech" is? I don't want to live that, and the Rassemblement National has been rising to dangerous levels.
We would be much better with constitutional and absolute free speech as in the US.