Comment by observationist
4 months ago
You don't. "Hate speech" is code for "the government knows better and controls what you say."
Yes, racism exists and people say hateful things.
Hate speech is in the interpretation. The US has it right with the first amendment - you have to be egregiously over the line for speech to be illegal, and in all sorts of cases there are exceptions and it's almost always a case-by-case determination.
Hateful things said by people being hateful is a culture problem, not a government problem. Locking people up because other people are offended by memes or shitposts is draconian, authoritarian, dystopian nonsense and make a mockery of any claims about democracy or freedom. Europe and the UK seem hellbent for leather to silence the people they should be talking with and to. The inevitable eventual blowback will only get worse if stifling, suppressing, and prosecuting is your answer to frustrations and legitimate issues felt deeply but badly articulated.
I see no reason why hate speech should be given the benefit of the doubt. And no, it's not because my government told me so, I have my own opinion, which is that freedom of speech ends where threats of violence appear.
If you don't want it tolerated online, which I don't, you need some kind of legal statement saying so. Like a law that says, you can't do it, and websites can't just shrug their shoulders and say it's not their problem.
I don't line this legislation as it seems to be excessive, but I disagree that the root issue it tries to address is a made up problem.
EDIT it just struck me that in speech and otherwise, the US has a far higher tolerance for violence - and yes I do mean violence. Free speech is taken much further in the US, almost to the point of inciting violence. Liberal gun laws mean lots of people have them, logically leading to more people being shot. School shootings are so much more common, and it appears there is no widespread conclusion to restrict gun ownership as a result.
Maybe that's a core difference. Europeans genuinely value lower violence environments. We believe all reasonable things can be said without it. That doesn't make this legislation good. But at least it makes sense in my head why some people glorify extreme free speech (bit of a tired expression in this age).
> I see no reason why hate speech should be given the benefit of the doubt
Because a lot of speech people don't like gets relabeled as hate speech - which is's not. Or a lot of discussion/debate topics that are sensitive get relabeled as hate.
And that's where the cultural difference lies between the new and the old world...
I agree that threats of violence cross a line, but I think that many countries interpret hate speech to be much broader than this, and there's certainly room for people to disagree, or for one person to say something in a neutral and non-hateful way that another person interprets as a hateful attack.
Some edge cases might include: arguing about interpretations of historical events (eg. Holocaust denial, colonialism, nuclear bombings); arguing about the economic effects of immigration policy; suggesting that one country or another is currently committing genocide; suggesting that one country or another is not currently committing genocide; expressing support for a country or political party that some consider to be committing genocide; arguing that travel restrictions should be imposed on certain countries to contain an epidemic; writing "kill all men" on reddit; publishing a satirical political cartoon depicting the prophet Mohammad; advocating political independence for some geographic region; expressing support for the police in an instance in which they took a state-authorized violent action; expressing support for a vigilante; expressing support for one's country during a violent conflict; expressing sympathy with the opposing side during a conflict; demanding stronger legal penalties for criminals (eg. supporting Singapore's death penalty for drug dealers); publishing a fiction novel in which the villain is a member of a minority group and acts in accordance with a stereotype.
Personally, while I think limits are necessary, the guidelines should be extremely specific and the interpretation extremely narrow to minimize any chilling effect on legitimate expression and discussion. Even where speech can verge into hurtful or offensive territory, I think it's important to allow it in the open, because I think dialogue builds more bridges than it burns. I am concerned that a lot of internet hate-speech legislation goes too far into leaving hatred open to interpretation, which results in conversation spaces being closed down because of the potential liability.
The problem is that policing hate speech creates a police state worse than allowing hate speech to exist. The system you need to create to police the hate speech will result in more violence against people than letting the hate speech exist. To me, your very statement "freedom of speech ends where threats of violence appear" is a form of hate speech. You are hating on my principle of free speech. It actually makes me physically sick to read those words, because I know where they lead.
Generally on the Internet you would make use of existing tools to prevent people from talking to you if you find them hurtful. For example, I could just block you and not deal with you any more. Sometimes people get around those to harass others. That is definitely bad and we already have laws against harassment and ways for law enforcement to find those individuals without creating a full police state on the Internet. Posting your opinion once is not harassment, no matter how much it makes me want to puke. Or as we used to say in a more civilised time, I abhor your speech, but I will fight to the death for your right to speak it.
I don't know where you got your conclusion from - I am European and I don't mind violent speech. In fact I think we generally need a lot more freedom since many countries give their citizens barely more freedom than serfs had. School shootings have been a perennial favourite for your type to parade around so you can rule over a disarmed population, but e.g. Czechia lets you have a gun at home as easily as the USA and they do not have that problem. USA's problem is mostly societal.
Your opinion sounds like it was formed in the ivory tower of university with no connection with reality. Please get more varied life experience and reconsider your position.
> To me, your very statement "freedom of speech ends where threats of violence appear" is a form of hate speech
How on earth did you conclude that? Where is the emotional charge you are implying? What about the other party feelings (of being intimidated)?
> To me, your very statement "freedom of speech ends where threats of violence appear" is a form of hate speech. You are hating on my principle of free speech. It actually makes me physically sick to read those words, because I know where they lead.
Hmm. Well, it's the US that has liberal freedom of speech and freedom of violence. It also has a "free speech absolutist" as a first buddy and that's going great too. To me that is a picture of where this kind of "absolute free speech" leads to, and I'm frankly happy with going in the opposite direction.
> Your opinion sounds like it was formed in the ivory tower of university with no connection with reality. Please get more varied life experience and reconsider your position.
You have literally no idea. I could easily say the same to you - except this is highly impolite. But suit yourself.
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> You are hating on my principle of free speech.
Do you really think you are contributing to the conversation when you say things like this?
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> Liberal gun laws mean lots of people have them, logically leading to more people being shot.
Explain Czechia and Switzerland, then, please.
Switzerland has a strong permit system allowing the government to control who can purchase a firearm. Automatic firearms and concealed carry permits are given sparingly and only for a good reason.
Basically unlike the U.S. Switzerland doesn't view background checks and permits as a slippery slope to a dictatorship and implements them effectively.
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> Free speech is taken much further in the US, almost to the point of inciting violence.
Yes, that's where we (here in the U.S.) draw the legal line. But almost inciting violence is not inciting violence. Since the U.S. made free speech the focus of the very first rule in the constitution, an enormous amount of jurisprudence and precedent has emerged around exactly how to make those tricky case by case judgements. Whether one agrees with it or not, it's easily the most evolved, detailed and real-world tested (over many decades) body of free speech law humanity has. Because it's deep, complex and controversial, there's also quite a bit of misunderstanding and misinformation about U.S. free speech law. I see incorrect assertions and assumptions quite often in mainstream media outlets who should know better. Here's a good primer on some of the most common misunderstandings: https://www.theatlantic.com/ideas/archive/2019/08/free-speec...
I've studied and read a lot about free speech and the first amendment as I find it fascinating. It took me quite a while to really understand how and why the U.S. implementation got to where it really is (and not the exaggerations and extrapolations that sometimes get amplified). In terms of free speech current practice and precedent, I now think the U.S. has got it just about right in the tricky balance between ensuring the open exchange of ideas (even unpopular ones) against preventing actually real and serious defamation, libel and incitement. To be sure, the U.S. system is based on the principle that it's not the job of the current government in power to force adults to be nice, reasonable or respectful in either words or tone. Freedom of speech means the freedom to be wrong, stupid, or mean, to be insulting or offensive - even to provoke or inflame should you choose to.
While the government won't send men with guns to force you to shut up, other citizens are also free to exercise their rights to tell you (and everyone else) you're an asshole, that you're wrong and exactly why. They are equally free to be rude, offensive and even hateful against your ideas and you. One of the key ideas behind the U.S. constitution is every fundamental right granted to all citizens comes with matching responsibilities for all citizens. In other words, no right is free - they have actual, personal costs for each citizen. In the case of the first amendment, the responsibilities include tolerating speech that's wrong, boorish, offensive or even hateful. As well as the responsibility to exercise your own good judgement on which speech to ignore, reject and/or counter. The open marketplace of ideas, like all markets, is two-sided. Another responsibility is accepting the consequences of exercising your free speech unwisely. Your fellow citizens are free to ignore, argue, yell back, openly mock or just laugh at you. Ultimately, the framers of the constitution believed the majority of citizens can figure out for themselves who's an idiot and who's worth listening to. Which ideas are worth considering and which are important to stand against.
What defines hate speech? Who defines hate speech? Does hate speech result from the speech or the actions of those against the speech? Should the speech of protestors have consequences for disturbing the peace? What consequences should the state force onto individuals for speech, or actors affected by speech?
Americans for lack of a better description grapple with violence of the state differently than Europeans, but it seems neither are without consequence.
This act itself, I believe, does not reference "hate speech", which as you seem to point out is ambiguous, and I in turn only use it as short hand.
For the most part, this act says that content already considered illegal by existing and new laws must be policed by platforms. What is illegal is actually quite well defined, it seems. This article covers it nicely: https://www.theguardian.com/law/article/2024/aug/08/what-is-...
Indeed, the controversy is, it appears, not about what is illegal, but about how the onus on policing this, and other things like the restrictions, is put on platforms. There are no major changes to what content is and isn't illegal! There are some additions, like "revenge porn", which is likewise easy to define and hard to see as a fundamental freedom of speech issue.
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But this is a very us centric view. The rest of the world doesn't tolerate people going around being violent because of the constitution.
How would you feel about receiving daily credible death threats to you and your family? Should that be tolerated too in the name of the first amendment?
Point is, we must draw the line somewhere. It's never "everything goes". Tolerating intolerance always ends up reducing freedom of expression.
Look at the US, the government is doing everything it can to shove trans people back in the closet, their voices are silenced and government websites are rewritten to remove the T in LGBT. By the very same people who abused "the first amendment" to push their hateful rhetoric further and further until it's become basically fine to do nazi salutes on live TV.
"Free speech absolutism" is a mirage, only useful to hateful people who don't even believe in it.
Death threats are not protected by free speech. I know you are trying to make a hyperventilating political point but it’s just not a genuine thing. I am a little surprised at the anoint of those on HN that are against free speech. I mean, don’t you realize that without it, a government you don’t like could imprison you for “denying basic facts oh biology” just as another country does for “denying historical events”. It’s madness.
Yes, death threats are not protected by your free speech, that was my entire point that you completely missed.
Why then not allow them but allow flurries of racial slurs? Or harassment? Or foreign propaganda? The line is never "anything goes", we have to draw it somewhere. So, why act like anything other than "anything goes" is "literally 1984".
In Europe, it's "La liberté des uns s'arrête là où commence celle des autres" (Rousseau). Americans should simply stop trying to impose their different conception of freedom that just led them into a violent kleptocracy.
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Hate speech is the thing that plays on the radio station that directly causes the mass graves of the Rwandan genocide. The physical call to violence is just the very last step in a long chain of escalating hate speech, but it is no more culpable than the preceding hate speech that created the environment where that physical call to violence is acted on.
During the Rwandan genocide, the radio stations played incitement to violence. While "hate speech" is inclusive of speech that incites violence, the types of hate speech which people have contemporary political disagreements about (including this thread) do not include such incitement.
More importantly, causality doesn't erase culpability. The step that immediately preceded the [Charlie Hebdo shooting](https://en.wikipedia.org/wiki/Charlie_Hebdo_shooting) was publishing a cartoon in a newspaper. Those who create hateful environments may have some culpability, but those that act almost always have greater culpability than those who speak.
The incitement to violence came later, at the climax, after the hatred was distilled via the type of hate speech we are discussing here. This is the etiology of all internal genocides. They all follow the same pattern. Attempting to inderdict the genocide just as the calls to violence are happening is too late, because the population is too radicalized by that point.
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