Showing posts with label free_speech. Show all posts
Showing posts with label free_speech. Show all posts

14 September 2016

Meg Arnold on free speech and safe spaces

Meg Arnold

“Liberty not only means that the individual has both the opportunity and the burden of choice; it also means that he must bear the consequences of his actions and will receive praise or blame for them.” 
F. A. Hayek, The Constitution of Liberty, Responsibility and Freedom

What does it mean for speech to be free? I’m less interested in the legal specifications surrounding this question and more eager to discuss what this means for us in our daily interactions. As an anarchist, I don’t see a legitimate role for governments to play in limiting or privileging certain types of speech. However, that does not mean that individuals cannot or should not be held responsible for the things they say by others in their chosen communities. Since we’ve removed as an option the use of force to suppress speech, what avenues might remain available for praxis?

If speech is to exist in a kind of “marketplace of ideas,” then “praise” or “blame” can act as a profit and loss system for “good” and “bad” speech. It remains the domain of individuals to decide for themselves what constitutes good and bad, as well as how to react to different ideas. Some people are comfortable combating ideas with their own speech with the hope of, at least, persuading or emboldening others to do the same. For others (usually those who have experienced trauma related to particular ideas such as misogyny, rape culture, homo- and transphobia, etc.) the response is often to retreat from spaces where these ideas are shared uncritically and build alternative spaces with others who feel similarly. Some would call these “safe spaces,” but bell hooks has another idea; removed from fear of re-traumatization and retaliation, people create spaces in which they are “safe to struggle.” It is a gross mischaracterization of safe spaces to say that there aren’t any levels of disagreement among those involved. Rather, open and respectful disagreement is possible because there is a foundation of mutual trust established through the intentions set for the space.

Neither of these approaches to speech with which we disagree is objectively better or worse than the other, and it would be difficult to determine their relative effectiveness without considering the validity of individual preferences. The problem of safe spaces is not about censorship or exclusion but about property rights and free association. If people want to limit access to a space based on any criteria, this should not be a problem so long as they are doing so on their own property. This includes the ability for people with racist, misogynist, and other bigoted views to freely associate. By all means, be open about your prejudices so that I and others know who to avoid and condemn.

College campuses make the issue of safe spaces and other forms of free association difficult because of their often mixed status as public or public-private entities. Therefore, to focus on the encroachment of safe spaces on protected speech is a form of “hacking at the branches” rather than “striking the root” of the problem which is a lack of defined property rights on college campuses. Even the University of Chicago, which sent incoming students a letter regarding safe spaces and trigger warnings, recognizes the value to students of being able to access these spaces on campus. UChicago decided only that classes themselves are not acceptable locales to set safe space intentions because classrooms have different and conflicting sets of intentions associated with them. They have also left the decision to use trigger warnings or not up to individual professors and students, which respects the local knowledge professors have of their subject matter and students have of their traumas and life experiences.

Libertarians and other free speech advocates have primarily focused on the freedom of speech from government, college administrators, and a vocal minority of anti-speech activists. However, a thick, cultural approach is needed to also hold individuals responsible for the content of what they freely espouse. According to Hayek, a free society demands both freedom and responsibility. If we don’t hold people accountable for the things they say, then we are, at best, coddling them and, at worst, allowing the perpetuation of those ideas that we find personally abhorrent. Instead of mocking those who advocate for the use of trigger warnings and safe spaces and giving platforms to those who espouse bigotry in the name of free speech, why not take a look at the content of what each is saying or is too afraid to say?

Citations to this article:
Arnold, Meg, “Responsibility and freedom: A defense of safe spaces”, Augusta Free Press, Sept. 7, 2016


Meg Arnold - Center for a Stateless Society


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14 July 2015

The state, not "terrorists", censors you

The Blog


Describing Islamist attacks on people who don't share their beliefs as if their actions represent a totalitarian suppression of free speech is an absurd analysis.


That is the view put forward at the L'Ordre blog based with Beliefnet. In an analysis from the weekend 11-12 July, the blog drew attention to the following problem with anti-Islamists' half-baked claims about a threat to the constitutional right of freedom of expression (highlighted part selected by The clubof.info Blog):
Anti-Islam campaigners try to argue that Islam threatens freedom of speech but in doing so they misunderstand what freedom of speech is. Freedom of speech doesn’t refer to a right granted by gunmen, soldiers and terrorists to the public, but to a right granted by the state to the public. 
Claiming that terrorists threaten our freedom of speech is bogus even if they kill cartoonists and people who mock Mohammed, because freedom of speech was never contingent on what terrorists do or don’t do anyway. Terrorists were always able to kill people for what they expressed in public, as were any other members of the public. Everyone is at risk of being killed for what they say at all times and freedom of speech has never been about providing any protection from that threat, but only from such threats that originate from the ruling power of the state.
Read more: http://www.beliefnet.com/columnists/lordre#ixzz3fbrAHU00
Read more at http://www.beliefnet.com/columnists/lordre#9ocB0WywIkvyHk8L.99
Shouting or ultimately assassination by members of the public cannot endanger constitutional rights because no such acts have any effect on the law and the laws guaranteeing free speech still hold even if people are killed for such expression. On the other hand, far-right figures who advocate the elimination of Islam and the rolling back of civil liberties in order to attack Muslims are indeed attempting to alter the law to curtail constitutional freedoms.

In this sense, anti-Islam activists such as Pamela Geller can be more accurately classified as enemies of free speech than ISIS terrorists such as those who killed cartoonists for depicting the Prophet Mohammed. Similarly censorship refers to state actions and not actions taken, however violent, by members of the public who feel offended by an image. Killings of cartoonists who depict Mohammed are neither a form of censorship, nor a threat to the right of free speech, and are simply acts of premeditated murder that have no relevance to at all to freedom of speech.

The Blog


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28 April 2015

France censors kids who are not Charlie

The Blog


The attack on Charlie Hebdo was exploited as an excuse by the French government to crack down on freedom of thought and expression.


In an interview transcript published at Counterpunch, Saïd Bouamama, one of the co-authors of the book Fuck France, described Charlie Hebdo's history of support for US-led aggression in the Middle East. He characterized the publication as being obsessed with justifying imperialism and arrogant ideology responsible for causing wars that have cost the lives of millions of innocent people.

More disturbing, especially to many readers who may have initially favored Charlie Hebdo for apparently expanding the frontiers of freedom of expression, is the extent to which the French government now opposes criticism of Charlie Hebdo. This has led to a staggering form of blatant hypocrisy, in which anyone deviating from an idiotic regime's supposed commitment to "freedom of speech" is going to get censored.

The crackdown on freedom of expression led to police interrogations of children - a moral crime that stoops even lower than attacking journalists or cartoonists. From the interview:
A first consequence was to impose a minute of silence in every school, around the slogan “Je suis Charlie”. Of course, a whole wide range of pupils (not to say too many of them) could not say “Je suis Charlie”, and then they expressed their opinion. They were told that it was a debate and that they could speak up, so they gave their opinion, but when they did then they were summoned to report to the police, some of them are now facing legal proceedings… France considered that not being Charlie implied an apology for terrorism. Eight-year old children were summoned to the police station to be audited for terrorism apology. The first reaction to have if we want to go further in the future, is not to leave these children alone, and to organize solidarity so that this offense against freedom of speech comes to an end, since they say it’s about freedom of speech… These pupils expressed themselves, and instead of getting an educational answer, instead of getting an answer in terms of debate, we get an answer in terms of repression. This is really the first step: when human beings are attacked you have to defend them. In the longer term we have to build popular unity to confront the national unity. Which means that in front of the national unity we could put forward again those who share a same interests. And it is absolutely essential to fight everything that divides the popular classes. What divides them today is an Islamophobia secretely planned and broadcasted from the top.
Such findings indicate that the the vision of nationhood now being adopted by "liberal democratic" regimes like France appears to be about defending constitutional freedom from actual freedom: in essence, defending your freedom to obey government from the anarchy of your own dangerous ideas. One is free under a constitution, but using freedom to subvert that constitution or defy the government and its morals will be demonized as an attack on freedom itself.
Do you have "freedom of speech" only to agree with moral narcissists and dunces lucky enough to own the government and the press - the propaganda machine of "values" - but if you say anything you're not allowed to say, you're called a criminal and taken away to prison?

Is freedom to be cheapened to an idol, the altar upon which the true freedoms of the citizen are sacrificed in defense against the specter of terrorism, and only the freedoms of the rulers and their courtiers in the press (and yes, at Charlie Hebdo) have any value?

The clubof.info Blog


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3 February 2015

#Freedom: Know Your Bloggers' Rights

@EFF.


One of EFF's goals is to give you a basic roadmap to the legal issues you may confront as a blogger to let you know you have rights and to encourage you to blog freely with the knowledge that your legitimate speech is protected. To that end we have created the Legal Guide for Bloggers a collection of blogger-specific FAQs addressing everything from fair use to defamation law to workplace whistle-blowing.

In addition EFF continues to battle for bloggers' rights in the courtroom:

Bloggers can be journalists (and journalists can be bloggers).

We're battling for legal and institutional recognition that if you engage in journalism you're a journalist with all of the attendant rights privileges and protections. (See Apple v. Does.)

Bloggers' Rights at EFF

Bloggers are entitled to free speech.


We're working to shield you from frivolous or abusive threats and lawsuits. Internet bullies shouldn't use copyright libel or other claims to chill your legitimate speech. (See OPG v. Diebold.)

Bloggers have the right to political speech.


We're working with a number of other public-interest organizations to ensure that the Federal Election Commission (FEC) doesn't gag bloggers' election-related speech. We argue that the FEC should adopt a presumption against the regulation of election-related speech by individuals on the Internet and interpret the existing media exemption to apply to online media outlets that provide news reporting and commentary regarding an election -- including blogs. (See our joint comments to the FEC [PDF 332K].)

Bloggers have the right to stay anonymous.


We're continuing our battle to protect and preserve your constitutional right to anonymous speech online including providing a guide to help you with strategies for keeping your identity private when you blog. (See How to Blog Safely (About Work or Anything Else).)

Bloggers have freedom from liability for hosting speech the same way other web hosts do.


We're working to strengthen Section 230 liability protections under the Communications Decency Act (CDA) while spreading the word that bloggers are entitled to them. (See Barrett v. Rosenthal.)

If you'd like to spread the word about our work consider adding an EFF Bloggers' Rights Badgeto your blog or website.

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Legal Fight Threatens Online #FreeSpeech

Electronic Freedom Foundation, 30 January 2015


Federal Law Blocks Extraordinary and Burdensome Subpoena


San Francisco - A high-profile battle over whether Google must respond to an unusual and dangerous subpoena raises fundamental concerns about federal free speech law and the protections it affords hosts of online content, the Electronic Frontier Foundation (EFF) argued in an amicus brief filed today (30th January).

Attorney General Jim Hood of Mississippi issued the 79-page subpoena in October, seeking information about Google's policies and practices with respect to content it hosts, Internet searches, and more. The invasive request appeared to be based primarily on allegedly unlawful activities of third parties who use Google's services. Then in December, journalists reported that documents disclosed in the Sony hack outlined a Hollywood plot against Google, including plans to pressure Hood into aggressively investigating the search engine giant. In the face of these developments, and the Attorney General's unwillingness to narrow the request, Google sought protection from a Mississippi federal court.


"Despite the dramatic storyline, this all comes down to well-established law protecting hosts of Internet content from liability for much of what their users say and do on their platforms: Section 230 of the Communications Decency Act," said EFF Intellectual Property Director Corynne McSherry. "If CDA 230 was disregarded, and online service providers were required to respond in full to subpoenas like this one, they would inevitably face extraordinary legal costs. That would be enough for most businesses to get out of the interactive content business all together, as everything from comments on news stories to sharing of home videos could be a recipe for expensive litigation."

In the amicus brief filed today, EFF argues that Congress' express intent was to encourage the development of new communications technologies by holding online speakers responsible for what they say—instead of the soapboxes where they say it. It's a principle that has allowed the Internet and the myriad online communities it contains to thrive.

"CDA 230 is perhaps the most valuable law we have for protecting innovation and online speech," said EFF Frank Stanton Legal Fellow Jamie Williams. "The Mississippi subpoena is an obvious violation of federal statute, and the court should grant Google the protection that Congress intended."

The Center for Democracy and Technology, the Open Technology Institute, Public Knowledge, and R Street Institute joined EFF in the brief.

For the full amicus brief in Google v. Hood



https://www.eff.org/issues/cda230

Contacts


Corynne McSherry
Intellectual Property Director
Electronic Frontier Foundation
corynne@eff.org

Jamie Williams
Frank Stanton Legal Fellow
Electronic Frontier Foundation
jamie@eff.org

Related Cases


Google v. Hood


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