Comment by Bewelge
4 days ago
Boiling down the different approaches to freedom of speech to "The baseline level is higher/lower", has always been a pretty simplistic (and if you would actually delve into the topic a little, flat out wrong) view .
Freedom of speech is not absolute. Neither in Europe nor in the US. Both effectively have rules restricting certain speech. For example, speech that may harm others, such as inciting violence or maybe the most famous example: "Shouting FIRE in a full venue".
European countries tend to spell out these restrictions more explicitly. It's completely reasonable to disagree with these restrictions. But the simple existence of them shouldn't lead you to the conclusion that one is "more freedom of speech" than the other.
And at last I want to add, that that is how it's been historically. Sadly, the recent developments in US show pretty well how freedom of speech cannot be measured by "How many specific laws are there about things I cannot say?".
> Shouting FIRE in a full venue
"Crowded theater"? In any case, yes, that's a popular understanding of limits on free speech in the US, but it's actually been superseded twice - first by "clear and present danger," then by "inciting or producing imminent lawless action." These days, it's probably (I am not a lawyer) legal to yell "fire!" in a crowded theater under many circumstances.
> Sadly, the recent developments in US show pretty well how freedom of speech cannot be measured by "How many specific laws are there about things I cannot say?".
There are no laws preventing you from saying anything in the US, unless you are specifically, directly inciting people, at that moment, to do things that break other laws. That's the point. You can't measure it in terms of degrees of restrictions; the US has none, and all European countries have at least some. The latter approach opens the floodgates to restrictions on any kind of speech that the government doesn't like. The US Constitution prevents that from ever happening.
> There are no laws preventing you from saying anything in the US, unless...
Sounds like there are some of those laws. You covered them with "unless"
This is a common refrain from people in countries without freedom of speech, used to argue that the US doesn't AcKtUalLy have freedom of speech.
The idea that "freedom of speech" in the US is not philosophically and fundamentally different than "freedom of speech" in, for example, the UK or Germany, is not an opinion grounded in reality regardless of what legal minutiae you can point to.
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>For example, speech that may harm others, such as inciting violence or maybe the most famous example: "Shouting FIRE in a full venue".
Perhaps a misquote from 1919 wartime supreme court decision involving an anti-draft activist isn't a great example? Even when correctly quoted, this quote is utterly meaningless in 2026.
>Freedom of speech is not absolute
Nobody ever claims it is? That's literally never in dispute, fraud (for example) is illegal everywhere.
> Perhaps a misquote from 1919 wartime supreme court decision involving an anti-draft activist isn't a great example? Even when correctly quoted, this quote is utterly meaningless in 2026.
I was not actually quoting any specific American case law but referring to the general legal concept. But even if I had referred to it specifically, it would not be meaningless. If I understand correctly, the US has overturned that specific case, but to my understanding the legal concept behind it remains in effect. But I see how my use of quotes and the choice of words "most famous example" was confusing here. I was not aware that there is this specific US case where the "Fire in a theater" phrase originates from and was talking about the general concept of purposefully causing a panic in a crowded space.
>Freedom of speech is not absolute
> Nobody ever claims it is? That's literally never in dispute, fraud (for example) is illegal everywhere.
I never claimed that anyone claimed that.
I thought that the preceding statement was too simplistic for a complex topic and tried to offer a more differentiated explanation. Why are you upset that I started that explanation with a statement that you agree is true?