Author: expatter

Freedom of Speech is an Oxymoron. [Copy link] 中文

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Post time 2010-2-21 02:04:32 |Display all floors
You say that freedom of speech is not absolute, but in the same line of thinking you state that because it isnt absolute, it doesnt exist? Isnt that using your own logic against itself?

Its a spectrum, and just because you "cant yell fire in a crowded theater" doesnt mean the entire law is illusionary
Don't tread on me

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Post time 2010-2-21 06:43:24 |Display all floors
I think it's funny how people bring up the various limits to free speaking and discuss it in terms of speech codes specifically.

Limitations to freedom of speech actually have long jurisprudential pedigrees and plenty of decisions behind them. Contrast this with ones which are routinely seen as unjustifiable in the context of rights through which freedom of speech is held to exist: European speech codes regarding WWII, Islamic anti-blasphemy laws, anti-pornography laws, etc. These exist because certain things are upsetting to some group or other which holds dominating political power. They can't easily be justified beyond that group--for example, it is difficult to convince non-Muslims that Mohammed deserves special protections--and certainly can't be justified in a coherent way which does not simply deny the validity of free speech to begin with.

The justifiable limitations to freedom of speech, which can be applied across persons even when they have no knowledge of their position in a given strategic context, are few and relatively simple: limitations to avoid a clear and present danger to public safety, limitations to reduce the level of commercial disinformation, limitations to reduce unjustified damage to a person's reputation. All of these are clearly laid out and exceedingly circumscribed. Public safety constraints generally require a call to action which itself necessarily violates public safety: a direct incitement to violence of the "let's kill them" or "bust up all the shops" variety. Commercial disinformation constraints require that someone make a provably false statement about a product or service: claiming, for example, that a bottle contains aspirin when it does not. Constraints to curtail libel and slander can be invoked only in factual matters where the person knowingly spread false information to damage a person's commercial reputation: the person must know the information is false, he must intend to damage another person's reputation, that damage must have consequences of a monetary sort (hence why such suits are so hard to pursue).

The idea that anyone who deals in these matters actually believes there are broad restrictions to speech is silly.
"Justice prevails... evil justice."

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Post time 2010-2-21 06:46:03 |Display all floors
And just to be pedantic, an oxymoron is something which is self-contradictory: a square circle, a level mountain, a 360 degree angle, good English food.

Anyone, such as yourself, who uses it in any other way is merely a moron.
"Justice prevails... evil justice."

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Post time 2010-2-21 07:42:20 |Display all floors
just as an aside my favourite oxymoron would have to be millitary inteligence :) as for freedom of speach I believe it was a catch fraze invented to put forward an ideal , that ideal now being far outdated and unrealistic , as a society we need rules and order , for those rules to be effective we give away certain percieved freedoms , not being able to speak your true mind is but one of them , every race , culture and sex has some sort of limitation , what has never been clear is how much is enough .
There are no Ugly women , only those with low self esteem .

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Post time 2010-2-21 07:59:04 |Display all floors
Although I agreed initially with the fact that "freedom of speech" does not exist in a utopian sense, that doesn't mean I felt that American or "west" had better rights of speech than other nations. These laws are relative and like I initially pointed out you have to understand the cultural, historical and political forces at work within nations to understand why certain "limits" are thus.

By and large China isn't anywhere near as "oppressive" as western countries make out.

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Post time 2010-2-21 11:11:35 |Display all floors

#18 + #19 Racist

QUOTE: "ublic safety constraints generally require a call to action which itself necessarily violates public safety: a direct incitement to violence…………………"

I am glad that you agree.

As for all that other stuff about commercialism………..well really!

Take an aspirin.  A real one of course.


Oxymoron, and here you abuse my right to use prosody in a way that I choose. More speech control, eh!

Friendly fire, the right to kill anyone by Americans without recourse.

Collateral damage, whole families of non-combatants who happen to be in the way of American military.

Democratic government, where party A or B follow a pre-set agenda made by a clandestine corporate oligarchy.  

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Post time 2010-2-21 12:59:05 |Display all floors

sono_hito

I said:

"But freedom of speech is a concept and a belief, and it is not an absolute."

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