Comment by mrandish

4 months ago

> 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.