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Her opinion on trans folks is shit, but people should not go to jail for shit opinions. Broken clock and stuff.
It's more complicated than that. Like saying there is a fire in a theatre when there is none, saying transgender are undercover perverts and a danger to society when it's not supported by evidence will get people killed. Freedom of speech is great and all but when your lie and put people in danger there should be consequences.
And just for the record, this is not a theory. People HAVE been murdered.
Okay, it's nth time I see the undercover pervs/rapists about trans folk. The hell happened?
Have as many opinions as you want, but if you spread shit like "we should exterminate the lesser races" and "trans people are rapists" you earn a vacation at the greybar hotel for abusing your right of free speech to infringe on other people's rights.
The question is where the line is drawn and how to make sure the state is not abusing those powers to suppress opinions that it sees dangerous. A good example are cases when protecting the children is used as argument for more surveillance. This seems foelr me to go along the same lines.
Sometimes the question of "Where do we draw the line" is an important, valid question that must be considered. Sometimes, the answer to that question can also be "I don't know precisely, but this is damn well over it."
I'm not saying that hack writer is necessarily to that stage, but we absolutely should not allow "But where do you draw the line" to turn into "Everything is permitted because what about splitting hairs."
[Calling for the extermination of people based on race/ethnicity/religion/gender/disability]
[Discrimination based on race/ethnicity/religion/gender/disability]
|||||||||| THE LINE ||||||||||
.
.
[Literally 1984]
Most sane countries don't have a lot trouble with this.
Calling for extermination, I would agree on. Since it's more than an opinion it's a call to action.
I'm really curious for examples.
And she won't. This is the same performative bullshit Jordan Peterson pulled in Canada.
People shouldn't go to jail for shit opinions, I agree. That changes when their opinions become more than opinions.
She grossly misinterprets what the law is meant to achieve. It's not for somebody who dead names a trans person or calls a trans woman he or him. It's when someone Tweets out "Who will rid me of this troublesome trans person?" and then their one or more of their followers goes out and beats or murders that person.
I swear every single person arguing against this bill hasn't read it.
The gist of it is consolidating existing hate crime laws, adding sexual orientation and gender to the protected classes, repealing the law of blasphemy, and then the main one people are on about, outlawing "inciting hate" and spending several entire pages defining exactly what that means and how its still covered by freedom of expression.
As you said, you can use the slurs. You can be a shit person.
What this seems to be addressing is the fact that ANYBODY can have a platform nowadays and some of those people use their platform to harm other people, whether indirectly or not.
You should maybe read the law.
It's talking about likely consequence not after a crime has been committed. Also:
Which makes possession of inflammatory material an offence. Which is rather murky on it's own, but even more so in digital age.
Later it quite literally defines on which terms it's permissive to discuss sexual orientation or religion.
To be fair, maybe I missed something so feel free to correct me:
https://www.parliament.scot/-/media/files/legislation/bills/s5-bills/hate-crime-and-public-order-scotland-bill/introduced/explanatory-notes-hate-crime-and-public-order-scotland-bill.pdf
I was using hyperbole but the intention is the same. If you use a public platform to intentionally cause harm to another person by way of their race, nationality, sexual identity, or other specificity then you have committed a crime.
What you clearly missed was the point of the law. Hate speech isn't about saying what you want about another person, it's about using your speech to directly or indirectly harm another person or group of people.
Sorry I'm bad at reading facial expression over the internet. My mistake.
I literally quoted the law: "where it is a likely consequence that hatred will be stirred up against such a group."
That goes beyond what you claim. While even a possession of such speech would be an offence.
You can weaponize an opinion, that is what is getting punished.
Where you draw the line? And who is drawing it? Will you be equally happy when conservatives will use the same tools against opinions they see as dangerous?
I think the line is being drawn at "don't sympathize with ~~terrorist groups~~ an opressive theocratic government" (publicly stating "at least the taliban know what a woman is") and "don't directly fund hate groups".
(Edited, see comment below)
Who draws it? The government?!
Slippery slope fallacy "You're okay with the government saying certain ingredients can't go in food? Where does that stop? Will you be equally happy when a government you disagree with uses the same tools to dictate everything that goes in your food?"
"You're okay with the government saying certain areas are off limits to the general public? Where do you draw the line? Will you be equally happy when a different government uses the same tools to forbid you from leaving your home?"
Is this specific step reasonable? Then it's okay. When they try to take an unreasonable step then it is appropriate to do something about it.
Hateful ideas can be dangerous things. This is why insulting people in Germany can turn into a criminal offense. They know where that goes if left unchecked.
Also, remember, not every country is the USA where breaking the law = going to jail. It can just be a fine the first few times and jail only when you show no intent on ceasing what you're doing.
JKR is being hyperbolic with this "arrest me" thing. She's playing the victim for her TERF followers.
If you're poor and black, sure.
Notice how many times Trump has flagrantly broken the law.
Lots of people just don't know what freedom is speech actually means. Speech isn't a crime, but crimes can be committed by speaking.
If you kill someone with a hammer, you aren't charged with possession of hammer - you're charged with murder. If you hire a hitman to do the killing instead, you aren't charged with "using speech."
When that theoretical person is arrested for "shouting fire in a crowded theatre" they aren't actually being arrested for their speech or their words, but for a separate crime that uses speech as a mechanism.
Speech is a marvelous thing that should be protected, but freedom of speech is not freedom from the consequences of using speech to commit other crimes.
Can you explain to me then, what exactly is freedom of speech? Yelling fire in a crowded theater isn't using speech then, it's assault on other persons by threatening harm. Criticize the government? That's not freedom of speech, that's just unlicensed protest. Sing a song protesting a war? You go to jail for treason.
Freedom of speech absolutely means being free from the government imposing consequences for speech. Yelling fire in a crowded theater comes from Schenck v United States which found that speech must pose a clear and present danger to be able to be held criminally liable for it. And Brandenburg v Ohio narrowed the definition even further, that speech must be "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Despite our views on JK's abhorrent rhetoric, you cannot say that mis-gendering trans people is inciting imminent lawlessness.
Your comment demonstrates a pretty fundamental misunderstanding of the concept of free speech.
You quoted cases that literally demonstrate my point.
It's not the word "fire" that is the crime. It's speech as a mechanism by which lawlessness or panic is incited.
Hate-speech is more nuanced, but can follow a similar pattern.
Take the sentance: "It's time to cut down the tall trees." The words themselves are fairly innocuous. But that was the trigger phrase for the Rwandan Genocide. Saying those words on the air was a call to murder all the Tutsi people. Speaking those words on the radio was not an act of free expression by the Interhamwe, but the start of a barbaric hate crime that killed nearly a million people.
Well, ironically your example here demonstrates just how difficult policing or regulating speech can be, and how it will likely never, ever work.
How, exactly, would you write a law that captures "it's time to cut down the tall trees" as an act of hate speech (or a crime in general) while not simultaneously massively infringing on any potential innocent uses of such a phrase?
If you've spent any time on social media, you'll likely have noticed that if admins simply ban certain words or phrases, the people who want to communicate these words will simply come up with some code using words so innocuous that you cannot ban them without frustrating everyone else and thus tipping them off to the conspiracy, and basically giving it even more exposure thanks to the Streisand effect.
It absolutely is the word fire that is the crime and you really need to go back to middle school and take some sort of US legal class. The state of American education system these days...
No. It isn't. There's nothing illegal about the word fire, or even saying it in a theater.
Go. Find that law and report back if I'm wrong. Give me a citation.
You know what - fuck it. I'll do the leg work here and go into the most specific law I can find on the subject. It's within the Municipal Code of Ordinances Ordinances of the city of Reading, Ohio.
It sounds promising for you at first because it specifically mentions:
But that line §648.07(A)(1) only applies as a subsection of §648.07(A), which is:
And to further clarify that the crime isn't the words, §648.07(C) specifically states:
Whoever violates this section is guilty of inducing panic.
Subsection B is about allowing fire drills as an exception.
So, according to the most-specific law I could find, the crime is inciting panic, not any specific word or phrase. And even if you did shout fire it isn't a crime unless it actually causes a real panic.
Also - I highly doubt you've taken more law classes than me. Just a hunch though: maybe you're just a bad lawyer.
I, for one, get angry at big gubment limiting my free spech to call people slurs at home depot just like how I get angry at big government for limiting my god given right to come and go as I please when I break into people's houses and watch them sleep.