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2525 points hownottowrite | 65 comments | | HN request time: 2.143s | source | bottom
1. bayesian_horse ◴[] No.21191285[source]
It's really hard to tell the difference between what is genuinely offensive and what is not.

No easy answers. In this case, maybe there is a relatively simple rule: Supporting democracy must not in itself be regarded as offensive...

replies(8): >>21191379 #>>21191486 #>>21191575 #>>21191815 #>>21191939 #>>21192121 #>>21193685 #>>21194741 #
2. trentnix ◴[] No.21191379[source]
It is hard to tell, that is true. And that reality is exploited to silence opposition and control others.

That’s why language policing, hate speech laws, Twitter mobs, and bully-the-bully efforts are abominations. So really, the answer is easy: everyone has the right to offend, and has no right not to be offended. Your simple rule doesn’t go far enough.

replies(2): >>21191553 #>>21192443 #
3. olah_1 ◴[] No.21191486[source]
>It's really hard to tell the difference between what is genuinely offensive and what is not.

It's not hard to tell the difference actually. You know when you are offended quite obviously.

The hard part is knowing when other people are offended. This is why we can't have rules based on subjective experience.

I remember reading an article about how someone breaking your heart is a much more egregious crime than shoplifting. Yet, there is no law against breaking hearts.

4. whoevercares ◴[] No.21191553[source]
Humans are emotional animals and many can be dominated by feelings, your answer assume they are entirely logical
replies(2): >>21191596 #>>21192193 #
5. ◴[] No.21191575[source]
6. ekianjo ◴[] No.21191815[source]
> It's really hard to tell the difference between what is genuinely offensive and what is not.

You can't have both "Free Speech" and "You Can't Say Anything Offensive" at the same time, because there is too much overlap. So you have to choose. The US constitution is pretty clear that "Free Speech" is the higher principle.

replies(2): >>21191847 #>>21191901 #
7. umvi ◴[] No.21191847[source]
"Free Speech only protects you from the government, not private companies who don't want to tolerate your hate on their platform"

I don't agree with this stance, but it is an oft-heard one defending companies who stifle speech (as long as the stifled speech was a far right Nazi website or anti-LGBT comments).

As we see, that stance is dangerous and extends to companies stifling politically inconvenient speech like "I support Hong Kong protesters".

replies(4): >>21192377 #>>21192944 #>>21193291 #>>21201347 #
8. dragonwriter ◴[] No.21191901[source]
> The US constitution is pretty clear that "Free Speech" is the higher principle.

No, the US Constitution doesn't even purport to set out social priorities outside of the relations between the government of the US and it's people.

You might believe that free speech is an important principle outside of that context, but (even if dead guys once wrote it in a document was a valid argument for a set of social priorities) the Constitution of the United States doesn't make that claim, and if you want to make it, you’ll have to make the argument yourself, not just rely on “the Constitution say so”.

replies(1): >>21192689 #
9. short_sells_poo ◴[] No.21191939[source]
I think perhaps the more important point is that one should not be prevented from voicing an offensive opinion. If you look very hard in an extremely boring place, e.g. a phone directory, you might just by chance perhaps find something that won't be offensive to anyone on this Earth. Outside of contrived scenarios, the moment we let "being offended" be the watermark of censoring ideas, we might as well pack up the idea of freedom altogether.

E.g. I don't agree with Trump's policies, I generally disagree on most topics with his voters, but I wholeheartedly support their right to voice their opinions. I want them to voice their opinions, even if sometimes they will result in rules that I dislike. I'm too terrified of the alternative where a certain group is not allowed to participate.

In an open society, there can and should be heated debates, sides that stand firm behind their beliefs and everyone should be prepared to fight (in debate) for what they deem important. Crucially however, no debate should be won by silencing the other side through decree.

It is easy to handwave this case away as fringe, but it is only fringe inasmuch as you only see the tip of an iceberg. As other posts have pointed out, this seemingly low impact act by Blizzard is actually a sign of a cultural collision.

Where the culture of open dispute and free expression of ideas is met with a closed and conformist culture of be silent or be silenced by force.

We must fight back against this problem every time it surfaces, because the moment we stop, we lose. Whenever it becomes normalized and accepted that corporations that arose from the support and foundations of a free society can turn on those principles whenever they deem profitable, we lose a bit of those freedoms.

If history is of any indication, freedoms once lost this way can only ever bought back by bloodshed.

replies(3): >>21192284 #>>21192676 #>>21194487 #
10. dragonwriter ◴[] No.21192121[source]
> It's really hard to tell the difference between what is genuinely offensive and what is not.

Calling for liberation of any territory is genuinely offensive to the government from which one is calling for it to be liberated, and to people who support that government (and often to those who support the territorial integrity of the relevant state event if they don't strongly support the government in question.)

11. jerf ◴[] No.21192193{3}[source]
Quite the contrary. You should assume that if you step out into the stream of general discourse, you will be offended by something. You will have feelings. Be ready.
12. LocalH ◴[] No.21192284[source]
I wish more people held your viewpoint. I agree wholeheartedly.
13. icebraining ◴[] No.21192377{3}[source]
It's a silly stance, even if one thinks private companies should be allowed censor who they want on their platform. It conflates "free speech" (which is a wide philosophical concept) with the "first amendment to the US constitution", which is just a particular law regulating the government of a specific country.
14. streb-lo ◴[] No.21192443[source]
Hate-speech laws exist because people are programmable.

Try and tell me your opinions are your own and the books and media you consume do not own some portion of them.

Hate-speech laws exist to prevent the programming of people to systematically hate and exterminate other people, a lesson that has been learned many times over in history.

replies(4): >>21192714 #>>21193795 #>>21194227 #>>21197548 #
15. Supermancho ◴[] No.21192689{3}[source]
> the Constitution of the United States doesn't make that claim > the US Constitution doesn't even purport to set out social priorities outside of the relations between the government of the US and it's people.

I disagree. The fact that the US Constitution deals with a specific relationship between government and individual is incidental to the implicit claim. The US society therein is governed (for whatever it's worth) by the "priorities" and principles within that constitution. This is what marks the confusion. I agree there is a legal distinction between the principles and law. The principles remain.

16. trentnix ◴[] No.21192714{3}[source]
If hate-speech laws exist to deal with people that are programmed, wouldn't it also follow that hate-speech laws might exist because programmed people want to control the speech of others?

It would go like this: hate speech is first yelling fire in a theater, then it's espousing bigotry, then it's holding the wrong opinions, until it's finally speaking ill of the Party. That's also a lesson that has been learned many times over in history.

replies(3): >>21192809 #>>21193241 #>>21200633 #
17. streb-lo ◴[] No.21192809{4}[source]
We're all programmable, sure. And I think it's important for their to be competing voices such that we don't end up in the Party.

But some level of social cohesion is desirable, and I think starting at the level of 'not allowed to advocate for the rape and murder of peoples' is a reasonable step towards ensuring less people think that is viable.

replies(1): >>21193518 #
18. XorNot ◴[] No.21192944{3}[source]
We're free to protest the move, but I'd hardly say that Apple should be forced by anyone to actually change their stance. It's their choice where they want to stand on public opinion - much as it's our choice to boycott Apple products or protest that decision they've made.
19. shadowgovt ◴[] No.21193241{4}[source]
Too far down that philosophical rabbit-hole you find "There's no such thing as good and evil," which is a philosophy a person can have but not one I'd want to see a country's government embrace as a core tenant. It'd be a pretty shitty place to live for anyone who doesn't have the money or power to enforce their will.
replies(1): >>21193422 #
20. shadowgovt ◴[] No.21193291{3}[source]
The reason we constrain the government the way we do is that Blitzchung is still perfectly free to go on his own blog, or out in the street, or to any media network willing to broadcast him and share his view, and the FBI won't lock him up.

It's a key distinction, and yes, the media still has the liberty to not broadcast is views (because the same liberty that lets them refrain from repeating "I support Hong Kong protesters" lets them refrain from repeating all manner of "Death to all X").

Is that gameable in a multinational world where some media companies are cross-oceanic superpowers? Sure. There are other media outlets that aren't that.

It's possible the solution to these speech issues is to aggressively enforce antitrust.

replies(1): >>21193424 #
21. drdeca ◴[] No.21193318{4}[source]
They, as in, the aforementioned humans (humans, plural).

What is the problem?

replies(1): >>21193745 #
22. trentnix ◴[] No.21193422{5}[source]
And too far down the other hole is the ambiguity of definitions and other postmodern gobbledygook that will eventually expand the umbrella of what we call 'hate speech' far beyond what we might both agree is reasonable. It's probably already happened.

That's an awful place to live as well.

replies(1): >>21193552 #
23. umvi ◴[] No.21193424{4}[source]
> The reason we constrain the government the way we do is that Blitzchung is still perfectly free to go on his own blog

...unless Cloudflare or Amazon or whomever is hosting his blog arrives at the same conclusion as Blizzard. I would argue free speech as a philosophy doesn't work unless corporations are on board.

replies(1): >>21193507 #
24. shadowgovt ◴[] No.21193507{5}[source]
They don't need to be on board; they just need to be competing. "It's possible the solution to these speech issues is to aggressively enforce antitrust."
25. luckylion ◴[] No.21193518{5}[source]
And to attain that social cohesion, outlawing wrongthink is certainly a way. It is allowed to advocate doing harm to people, it's just that you have to be selective. You can't do it to protected classes, but unprotected groups are just fine, which is why I believe the moral case for hate speech laws typically falls flat. If it was about morals, it would target everybody equally. It doesn't, so it isn't.
replies(1): >>21193571 #
26. streb-lo ◴[] No.21193552{6}[source]
The postmodern gobbleygook in this case is the notion that there are no bad opinions and all speech is valid.
replies(1): >>21193737 #
27. streb-lo ◴[] No.21193571{6}[source]
That's not true at all. Maybe in America, I have no idea, but where I'm from its applied equally.
replies(2): >>21193775 #>>21194483 #
28. gus_massa ◴[] No.21193685[source]
In Venezuela both parts claim to be the democratic elected government.

What if the people actually prefer another form of government like monarchy?

replies(1): >>21201424 #
29. trentnix ◴[] No.21193737{7}[source]
And you can't successfully legislative bad opinions and the validity of speech. Because an opinion being bad or speech being valid isn't something the government should concern themselves with.
replies(2): >>21193955 #>>21194073 #
30. trentnix ◴[] No.21193745{5}[source]
The problem is that the parent didn't say We.
replies(2): >>21199880 #>>21219755 #
31. trentnix ◴[] No.21193775{7}[source]
where I'm from its applied equally

Weren't you saying about people being programmable? Every society throughout history has struggled with administering justice equally. Every single one.

replies(1): >>21194001 #
32. josteink ◴[] No.21193795{3}[source]
> Hate-speech laws exist because people are programmable.

And some people would like to have us programmed with their opinion unchallenged, rather than have their view face opposing arguments in a fair and open debate.

Once you compromise on free speech for some views, it’s all a slippery down-hill slope from there.

replies(2): >>21194081 #>>21197642 #
33. shadowgovt ◴[] No.21193955{8}[source]
Remind me again why the US prosecutes ownership and transmission of child pornography?
34. streb-lo ◴[] No.21194001{8}[source]
So we should stop trying?

The reality is both ends of the spectrum are undesirable. To move too far in either direction ends in murder and destruction.

35. streb-lo ◴[] No.21194073{8}[source]
Why not? There are time-tested slippery slopes in both directions here so the best approach is a cautious one where shades of grey are debated and disputed.
36. streb-lo ◴[] No.21194081{4}[source]
Once you allow someone to advertise murder as a solution to a problem it's all down-hill from there.
replies(1): >>21197614 #
37. rcoveson ◴[] No.21194227{3}[source]
> ...people are programmable.

This particular cynicism justifies far too much. A liberal (as in liberty) society must trust the super-majority of its population to agree on and uphold its ethical foundations. Policing hate speech weakens one of those foundations no matter how you justify it, but if you justify it by saying "people are programmable and so can't be trusted to hear what hateful people have to say," it weakens it enormously.

A huge percentage of our speech is attempted "programming." Political debate, religious preaching, even mathematical models of the universe are attempts to get others to think about something a certain way. But it would be unethical to ban any of those things, because people aren't "programmable," they're suggestible.

replies(1): >>21194345 #
38. streb-lo ◴[] No.21194345{4}[source]
> A huge percentage of our speech is attempted "programming."

I absolutely agree. I'm not saying ban hate speech because its programming -- I'm saying ban it because it's evil and effective.

It's morally reprehensible to defend the existence of advocating for racial superiority when we have witnessed hundreds of times where that leads to genocide.

replies(1): >>21194662 #
39. luckylion ◴[] No.21194483{7}[source]
I've found it to typically not be applied equally, neither in the US nor in Europe (which makes sense, since it's designed to protect marginalized groups). For a quick test, replace some words, i.e. "all X are ..." and make it "all Y are ...", switch minorities and majorities around - you'll be able to tell whether it's considered hate speech then. #YesAllXYZ
replies(1): >>21194575 #
40. thewholeview ◴[] No.21194487[source]
I agree in principle, although in practice this is impossible to be preached. In China it's that political opinions aren't tolerated, especially anything that notes on the edge of separatism. In America it's the same, certain racial, gender chats are simply taboo, whether it's personal or national level. While there is no explicit governmental prosecution, you can be sure that you'll be punished in a way.

The idea is that in America such topics are prohibits because there is the idea of historical injustice and bringing everyone to a fair level for a "better society" (very well-intended). It is no different in China when political topics bring an uprising flux of emotion from within the Chinese people (also very well-intended in the context of Chinese legacy). There is no fundamental difference, only a difference in how the freedom of expression is backed by historical context and reigning ideology.

replies(1): >>21201392 #
41. streb-lo ◴[] No.21194575{8}[source]
Can you provide me with an example?
replies(2): >>21195215 #>>21197351 #
42. rcoveson ◴[] No.21194662{5}[source]
I don't think that follows so clearly. We defend many rights that could lead to disaster. You could try to drum up a following to amend the constitution and make the country into whatever you wanted it to be, and you could do so legally. If you succeeded, it could be a total disaster. And yet somehow it's still right that we defend the right for you to do so.

> It's morally reprehensible to defend the existence of advocating for racial superiority...

This really is a slippery slope. Let's agree that it's morally reprehensible to advocate for racial superiority. Let's not argue that it's morally reprehensible to defend the right of somebody else to advocate for racial superiority. When we are faced with assailing what is supposed to be as close as possible to an unassailable right for pragmatic reasons, neither side of the argument is clearly moral or immoral. Or, rather, both sides are somewhat immoral. If we as a society come to the conclusion that hate speech is so dangerous that it is worth reducing the right to free speech to prevent it, then let's at least do so with a heavy heart. Political decisions that pit a great good against another great good are terrible. Don't make them more terrible by accusing those on either side of being morally reprehensible.

replies(1): >>21195896 #
43. johnchristopher ◴[] No.21194741[source]
> It's really hard to tell the difference between what is genuinely offensive and what is not.

That's because it's not up to the prankster or the offender or a third party to decide if one is suffering. It's up to the offended, mocked or bullied one who are the only ones knowing what they feel.

Of course, in the public political space, everybody tries to play the victim/innocent game to their advantage.

replies(1): >>21201414 #
44. luckylion ◴[] No.21195215{9}[source]
"Kill all men". There's plenty of generalizations, insults and derogatory statements against groups, it's just not a problem if those groups aren't perceived as oppressed. Change a word or two and voila: hate speech.
replies(1): >>21195641 #
45. streb-lo ◴[] No.21195641{10}[source]
Can you provide me of an example where kill all men is not identified as hate speech?
replies(2): >>21195748 #>>21195953 #
46. luckylion ◴[] No.21195748{11}[source]
This sounds too much like you moving the goal post along, and I've had those conversations before; I did not find them fruitful. Next up "can you provide a case number where 'kill all $foo' was classified as hate speech by a federal judge who's first name starts with an E".

You can google that sentence, you can read defenses of it and make up your mind. I'm not that passionate about changing a single opinion that I'm going to waste time chasing after your ever expanding requirements.

replies(1): >>21196141 #
47. streb-lo ◴[] No.21195896{6}[source]
That's the rub with a free society. It's the same terrible people. If we foster hate speech, many people will eventually die. By allowing hate speech, you are allowing that outcome. Perhaps reprehensible is too strong of a word, but morally responsible certainly fits.

A small limitation on an 'unassailable' right (where is that status derived from?) is actually the solution that maximizes liberalism by limiting genocide.

replies(1): >>21197047 #
48. trentnix ◴[] No.21195953{11}[source]
https://en.wikipedia.org/wiki/Kill_%27Em_All
49. streb-lo ◴[] No.21196141{12}[source]
Why bother replying if you're not going to be charitable in my assumptions?

I had never heard of the term but I would certainly agree that it's hate speech. It seems to me that it was a twitter hashtag that some people thought was funny.

I don't agree with it but I also think that an equivalent hashtag #killallwomen would have an equally hard time being brought before a judge.

replies(1): >>21196859 #
50. luckylion ◴[] No.21196859{13}[source]
> Why bother replying if you're not going to be charitable in my assumptions?

I find it rude to simply turn around and walk away without saying why I chose to. I remembered previous conversations I had that went the same way and ended in me being dragged along and my time being wasted. Fool me once, shame on me etc etc. I apologize if that was not your intention.

51. rcoveson ◴[] No.21197047{7}[source]
> If we foster hate speech, many people will eventually die.

True, if we collectively foster it. Let's definitely not do that.

> where is that status derived from?

It's just agreed upon, or not. The extent to which free speech is unassailable is the extent to which free speech is unassailable. Every society has restricted it in some way or other; many (even western) societies have restricted it much too far, in my opinion. We can go as far as we choose.

Personally, I wish we wouldn't choose speech policing in the US at this point in time. The implications are far reaching. Policing something doesn't just affect the people who break the law, it affects anybody who could theoretically break it. Mechanisms to monitor and silence speech get another great justification. And the people doing the policing will of course err on the side of caution at times. Look at the recent stack overflow kerfuffle. Since intent is so difficult to judge, there is no way that the only thing hate speech laws are applied to will be speech with hateful intent. Some arguments in support of Israel are considered by some to be hate speech, as supporting the Hong Kong protests is by others. Both of those platforms are deeply offensive to a particular demographic. And the argument that these are just "bad applications" of the law is insufficient, because laws at their very best are applied badly sometimes, and at their worst applied badly _most_ of the time.

Saying that a limitation on this particular right for this particular reason "is actually the solution that maximizes liberalism by limiting genocide," is not a good argument. Genocide has some probability of occurring in a country with the policies in place today, and some other probability of occurring with different policies in place. If we just applied any policy that reduced the probability, there would be no freedoms at all. And even hundreds of examples in history don't work very well as evidence unless you can demonstrate an inverse correlation in history between the degree to which countries restricted hate speech and the extend to which they engaged in genocide, and I wouldn't be surprised if you found exactly the opposite.

52. HeroOfAges ◴[] No.21197351{9}[source]
Saying "It's ok to be white" is considered hate speech by many. Saying "It's ok to be black" is a statement of empowerment.
53. 1000units ◴[] No.21197548{3}[source]
Hate-speech laws are ridiculous. They only have their cheerleaders because some people hate Nazis more than they love what Nazis threatened to destroy. Never made sense to me.
54. 1000units ◴[] No.21197614{5}[source]
And yet you personally contribute funds to your nation's military, I presume.
replies(1): >>21197719 #
55. 1000units ◴[] No.21197642{4}[source]
This is entirely correct. As rhetorical advice, I recommend against calling things a "slippery slope". This causes alarm bells to ring in a pedant's mind, and they frantically search Wikipedia's catalog of Fallacious Reasoning for an appropriate article to copy-paste or internally justify downvoting you instead of authentically engaging with the argument.
56. 1000units ◴[] No.21197719{6}[source]
Who do we kill with that? Just who you say is okay? And we can't talk about it? Hmm, you know. I don't think I like this arrangement. It already seems like you don't like me.
57. whoevercares ◴[] No.21199880{6}[source]
I’m gonna report to my ET boss that earth can be safely destroyed
58. bayesian_horse ◴[] No.21200633{4}[source]
You should see Hate-Speech more like nuclear chain reaction and laws against that as neutron traps.
59. bayesian_horse ◴[] No.21201347{3}[source]
Then your definition of Free Speech is something different from the one generally agreed upon and implemented in many constitutions.

You can look at it that way: If a private entity is prohibited from deleting user content, isn't that also an infringement of free speech? And at what level are they prohibited to filter such content? Are they allowed to require an account? Are they allowed to delete spam?

No "Right to Free Speech" can be enforced between private persons or entities. Nobody can be forced to listen to you, nobody can be prohibited from taking measures to not read or hear you, just because you claim a right to free speech.

Thus the only correct level to fight against this particular instance of private censorship is indeed the private domain, and that's mainly counter-speech.

60. bayesian_horse ◴[] No.21201392{3}[source]
You confuse state prosecution with private consequences.

A right to Free Speech can only protect you from government sanctions. How other private parties react to your "taboo" opinions cannot be legislated.

And I'd like to break a lance for "political correctness" here. Hate speech and offensive language in general do make a public or private space uncomfortable for certain people. Not all of this can be avoided, but in the case of race and gender, those who feel offended can't really change their offendedness. And because those people are usually a minority, it is usually someone else who steps up to the task of defending such a space.

Unfortunately, an aggressive climate fueled by hate speech leads to worse consequences than offended feelings. So, in many cases, why not avoid offending people? And in many cases at issue, the main motivation of the offenders is the offending, not what they believe is the "truth".

61. bayesian_horse ◴[] No.21201414[source]
We can however be convinced, that certain offenses are indeed worthy of recognition. Racial slurs, for example. Sexual or sexist jokes in certain contexts.

Feeling offended because somebody criticized a state is harder to make stick.

replies(1): >>21201575 #
62. bayesian_horse ◴[] No.21201424[source]
Democracy is not the dictatorship of the majority.

The decision to abandon democracy can never be democratic or democratically legitimated.

In the example of Venezuela, both parties agree to the same constitution, though they interpret it differently.

63. johnchristopher ◴[] No.21201575{3}[source]
I agree that for some culture or some communities or in some part of the world there are consensus around things.

Coincidentally I stumbled upon a comment on imgur today that went like this:

- canadian guy is in saskatoon, in a bar

- chinese guy at the counter

- chinese guy backs away from the counter with beverage

- bumps into canadian guy he didn't see

- canadian guy blurps 'woops, sorry'

- chinese guy 'YOU APOLOGIZE TO ALL OF CHINA'

- canadian guy thinks it's funny, laught it off

- mates from chinese guy laugh and pull him away

Then imgur commenters: "Yeah, some Chinese tourists/expats/students can be very sensitive about China".

Feeling offended because somebody criticized a state is harder to make stick.

All that to say that in some parts of the world personal identity can be tied real tight to national/territorial origin. And we all meet on the intertubes.

replies(1): >>21204474 #
64. johnchristopher ◴[] No.21204474{4}[source]
Source if anyone is interested https://imgur.com/gallery/nBUysFF/comment/1724607027 (NSFW, imgur of course)
65. drdeca ◴[] No.21219755{6}[source]
Oh, I misunderstood. For some reason I thought it was a complaint about singular they.

I don’t see the comment anymore though, so idk what led me to think that.