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Comment by NolF

3 years ago

> This metaphor doesn't map cleanly to when rules are less specific or laid out - because in this situation, the rules have been well tested and made to be unambiguous!

I disagree, lawyers would have no work then. Laws are not as specific as you would think they are and it is to provide a diverse gamut of powers and broad discretion in their application.

For example, the first amendment does not offer an unlimited right to say what you want, when you want, and however you want. At what point does said speech become prohibited hate speech, inciting violence, verbal assault, defamation etc...?

There is plenty evidence of people exercising free speech such as wearing cuss words on shirts and their speech being stifled by police through intimidation and arrests. Most famously Cohen v California and for example more recently Wood v Eubanks (25 F. 4th 414 - Court of Appeals, 6th Circuit 2022) with very similar facts to Cohen v California.

Here is another one "Battery is an unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact." I go onto the bus and my shoulder hits the shoulder of another passenger. I did not have consent to touch them and they are upset by the contact / found it offensive. Am I guilty of battery?

In the test "No vehicle sin the park" there is no ambiguity that an ambulance is a vehicle, but clearly 1/3 of people don't think it breaks the rule, presumably largely because it's for an emergency purpose despite the rule not having an exemption for such a scenario. Neither would a rule that says "no hate speech". What is hate speech? Would speech stating "I hate..." Nazi's or a genocidal leader or regime be hate speech? So what are the exemptions, what are the discretions? How do we define things?

What about support for LGTBQIA+? Some countries only recently have become more amenable to these groups, but plenty of jurisdictions and cultures are still very much opposed to them. Is homophobia hate speech? What is transphobic speech? Is stating there are only two genders transphobic?

The same could be said about support for Ukraine which is positive in the Western world but would be illegal in Russia. But then, what about Taiwan and it's disputed status with respect to China? What about other contested borders and lands?

The fact that even when there is no ambiguity people don't entirely agree whether a simple rule is broken is entirely the point of the exercise. And now, you expect platforms and countries to exercise those rules and laws when evidently people can't even agree on a simple rule.

> For example, the first amendment does not offer an unlimited right to say what you want, when you want, and however you want. At what point does said speech become prohibited hate speech, inciting violence, verbal assault, defamation etc...?

By the way, there's no "hate speech" exception in U.S. first amendment jurisprudence.