Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Donald Ian Rankin

(13,598 posts)
Fri Jan 16, 2015, 03:31 PM Jan 2015

Five restrictions on Freedom of Speech I support (and you probably do too).

I am strongly in favour of a fairly wide interpretation of "freedom of speech", but there are some things I think should not be protected.

1) False advertising. If I am selling something, I should not be allowed to knowingly make objectively false claims about it to get people to buy it.

2) Incitement to crime. It should be illegal to call for me to be murdered (although it should be entirely legal to campaign to have the law changed to make "being me" a capital crime, and have me put to death for it).

3) Libel/Slander, at least to some extent. Malicious falsehood leading to damage should be illegal.

4) Speech I have contracted to abstain from. If my contract requires that, say, I don't proselytise in the classroom, or I don't disclose my employers confidential secrets, then by signing it I willingly give up that part of my right to freedom of speech.

5) Some very, very tightly specified forms of harassment. The key thing here is choice of venue, not content - nothing I say on a random webforum, or a newspaper, or in a private conversation with friends, should come under this heading; I don't think there are things that you shouldn't have to put up with being said in this category, but there probably are places where you shouldn't have to put up with certain things being said. If you want to hold up posters saying "God hates fags", you should be forced to stay a certain distance from a funeral. Insulting me in the street as we pass, or in print, should be legal; following me around for months insulting me possibly shouldn't, especially if you do it too loudly for me to ignore. This is the riskiest, most nebulous and most easily abused of the five categories, and should always be handed with extreme care; if in doubt err on the side of too much free speech rather than too little.

35 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Five restrictions on Freedom of Speech I support (and you probably do too). (Original Post) Donald Ian Rankin Jan 2015 OP
It is not an all or nothing thing. Good list, k&r, will come read more responses later. uppityperson Jan 2015 #1
Libel and slander are not considered protected speech already. The Velveteen Ocelot Jan 2015 #2
To the best of my knowledge... VScott Jan 2015 #7
"Illegal" is a broader concept than "criminal." The Velveteen Ocelot Jan 2015 #9
Very good answer. Gman Jan 2015 #10
Both Libel and Slander Are Torts ProfessorGAC Jan 2015 #14
?when a judge tells a jury.... GusBob Jan 2015 #3
Disclosing national security information VScott Jan 2015 #4
That's covered by the "contract" one. jeff47 Jan 2015 #22
You cannot be bound by contract to keep secret a crime or crimes. BillZBubb Jan 2015 #29
There are definitely a few common sense limits, like falsely crying, "Fire!" in a crowded public dissentient Jan 2015 #5
Door to door proselytizing. lpbk2713 Jan 2015 #6
I think that should be legal, under practically all circumstances. N.T. Donald Ian Rankin Jan 2015 #11
Perfectly legal tabbycat31 Jan 2015 #34
As to number 5 ismnotwasm Jan 2015 #8
Should Fox News be allowed to lie? starroute Jan 2015 #12
In general, yes, but some specific forms of lie should be illegal. N.T. Donald Ian Rankin Jan 2015 #13
IMO, if they call it News, they should not be allowed to knowingly lie jeff47 Jan 2015 #23
It's always interesting to read what restrictions to one's rights would be acceptable... Spazito Jan 2015 #15
Fixed, thanks. Donald Ian Rankin Jan 2015 #17
I don't disagree... Spazito Jan 2015 #20
I agree with the Pope somewhat florida08 Jan 2015 #16
So do you agree with the Pope that gay people are disordered or that I have the right to punch him Bluenorthwest Jan 2015 #19
When we speak of 'freedom of speech' it is not the act of speaking that is protected, it is about Bluenorthwest Jan 2015 #18
Apples and Oranges. If I'm not mistaken, the only thing... Whiskeytide Jan 2015 #21
Depends on who's being harmed. jeff47 Jan 2015 #24
But as a party to... Whiskeytide Jan 2015 #31
Not in the security clearance cases. jeff47 Jan 2015 #35
Seen a TV ad for cigarettes lately? jberryhill Jan 2015 #28
That's only a private party... Whiskeytide Jan 2015 #30
No jberryhill Jan 2015 #32
6) Yelling 'theater' at a crowded fire. KamaAina Jan 2015 #25
You missed assault, child porn, and a few others jberryhill Jan 2015 #26
Wouldn't making "being me" a crime be a bill of attainder? NutmegYankee Jan 2015 #27
But it's not just you jberryhill Jan 2015 #33

The Velveteen Ocelot

(115,734 posts)
2. Libel and slander are not considered protected speech already.
Fri Jan 16, 2015, 03:37 PM
Jan 2015

There is something of an exception in the law that relates to public figures, but that only means that a public figure has to prove actual malice (knowingly or intentionally publishing a false statement) in order to recover damages.

 

VScott

(774 posts)
7. To the best of my knowledge...
Fri Jan 16, 2015, 03:51 PM
Jan 2015

libel and slander isn't even illegal... you cant be charged and arrested for it, but you can be sued.

The Velveteen Ocelot

(115,734 posts)
9. "Illegal" is a broader concept than "criminal."
Fri Jan 16, 2015, 03:59 PM
Jan 2015

Libel is not necessarily a criminal offense, but it is illegal in the sense that courts recognize it as a tort, that is, a legal wrong that may be enjoined or compensation awarded. In some states it can also be a crime. For example, here is the Minnesota statute on criminal defamation:


609.765 CRIMINAL DEFAMATION.
Subdivision 1.Definition.

Defamatory matter is anything which exposes a person or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to business or occupation.
Subd. 2.Acts constituting.

Whoever with knowledge of its defamatory character orally, in writing or by any other means, communicates any defamatory matter to a third person without the consent of the person defamed is guilty of criminal defamation and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 3. Justification.

Violation of subdivision 2 is justified if:

(1) the defamatory matter is true and is communicated with good motives and for justifiable ends; or

(2) the communication is absolutely privileged; or

(3) the communication consists of fair comment made in good faith with respect to persons participating in matters of public concern; or

(4) the communication consists of a fair and true report or a fair summary of any judicial, legislative or other public or official proceedings; or

(5) the communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with intent to further such interest or duty.

Subd. 4. Testimony required.

No person shall be convicted on the basis of an oral communication of defamatory matter except upon the testimony of at least two other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty.


The statute probably passes constitutional muster because it seems to penalize only those communications made with malicious intent.

ProfessorGAC

(65,076 posts)
14. Both Libel and Slander Are Torts
Fri Jan 16, 2015, 04:29 PM
Jan 2015

IOW, they are clearly defined from a legal perspective as something you cannot do without facing lawfully enforceable consequences in civil court.

Seems pretty clear to me that fits the definition of illegal, or at the very least, extralegal.

GusBob

(7,286 posts)
3. ?when a judge tells a jury....
Fri Jan 16, 2015, 03:44 PM
Jan 2015

Do not discuss this testimony unless in deliberations?

? When a judge issues a gag order ? ( as a result of a settlement in a business dispute with my former partner I am forbidden to discuss a long list of things with anyone other than my attorney)

?when the military censors soldiers letters or forbids reporters from revealing sensitive information during wartime?

I am asking cuz I dunno

 

VScott

(774 posts)
4. Disclosing national security information
Fri Jan 16, 2015, 03:49 PM
Jan 2015

By that, I mean legitimate, genuine concerns and not just whatever the government
decides is vital to national security.

jeff47

(26,549 posts)
22. That's covered by the "contract" one.
Fri Jan 16, 2015, 06:11 PM
Jan 2015

People who disclose classified information can only be prosecuted because they signed away that part of their first amendment rights.

That's why Snowden is in Russia, while Greenwald is traveling freely.

BillZBubb

(10,650 posts)
29. You cannot be bound by contract to keep secret a crime or crimes.
Fri Jan 16, 2015, 06:25 PM
Jan 2015

So, on that you don't give up your first amendment rights.

 

dissentient

(861 posts)
5. There are definitely a few common sense limits, like falsely crying, "Fire!" in a crowded public
Fri Jan 16, 2015, 03:50 PM
Jan 2015

space, where a stampede to escape could result in deaths and injury.

ismnotwasm

(41,989 posts)
8. As to number 5
Fri Jan 16, 2015, 03:56 PM
Jan 2015

It works both ways. Director Kevin Smith made incredible fun of the Westboro Baptist church in a counter protest. (Watch Kevin Smith Burns in Hell). He also loosely based his horror movie "Red State" on them

starroute

(12,977 posts)
12. Should Fox News be allowed to lie?
Fri Jan 16, 2015, 04:27 PM
Jan 2015

There was a court case that said news media didn't fall under false advertising and could say anything they choose to say -- within the limits of libel. But if they lie about inflation or unemployment or gun death statistics, is that okay? Or if they falsely praise a candidate for something they didn't actually do?

jeff47

(26,549 posts)
23. IMO, if they call it News, they should not be allowed to knowingly lie
Fri Jan 16, 2015, 06:13 PM
Jan 2015

and should have to issue prompt retractions when they find out it is a lie. Said retraction must be as prominent as the original story.

What practical effect would this have? Fox News Channel becomes the Foxcast Channel.

Spazito

(50,365 posts)
15. It's always interesting to read what restrictions to one's rights would be acceptable...
Fri Jan 16, 2015, 04:38 PM
Jan 2015

most often those rights one is willing to give up is commensurate with their interests, pro or con.

Regarding your #2, it is contradictory as written, on one hand it states it "should be legal to call for me to be murdered" and then you go on to add &quot although it should be entirely legal to campaign to have the law changed to make "being me" a capital crime, and have me put to death for it). Did you mean to type 'illegal' "to call for me to be murdered" instead of "legal"?

Donald Ian Rankin

(13,598 posts)
17. Fixed, thanks.
Fri Jan 16, 2015, 04:48 PM
Jan 2015

Also, the question isn't "in what ways should our rights be restricted?", it's "what rights should we have?".

We should not have absolute right to freedom of speech without state censure, but we should have one with only some fairly tightly-defined limits on it.

Spazito

(50,365 posts)
20. I don't disagree...
Fri Jan 16, 2015, 05:01 PM
Jan 2015

It is finding majority agreement in determining what rights should be curtailed and in what form is where I see the interests of one often conflicts with the interests of another when discussing curtailment of rights.

What constitutes a hate crime? Is it only when there is a 'body count' or is inciting others to kill but no killing occurs, at least not one that can be directly attributed to the incitement in question, also a hate crime?

florida08

(4,106 posts)
16. I agree with the Pope somewhat
Fri Jan 16, 2015, 04:43 PM
Jan 2015

Free speech has been so abused and has been twisted into something it's not. The forefathers meant it as a right to redress your gov't. It is not the right to say whatever passes thru your mind. Apparently we can't walk and chew gum at the same time anymore.

There are limits that common sense should dictate. Our society has descended into the mire but we don't have to wallow in it. With freedom comes responsibility. It's why you can't drink and drive without consequences when you get caught or speed thru a school zone. It's DANGEROUS to others.

It's why republicans can call the president a liar on a national broadcast. It's why this country is in the trouble it's in. It's why FOX can report whatever it wants true or not and Limbaugh can call women sluts. It's not the country I grew up in.

It's why we don't use the "n" or "f" word. Because there just might be some blowback from the people you are castigating and it's morally wrong. When we do things like making a racist cartoon the center of "free speech" we demean it's purpose and ourselves. When we deliberately incite those we know who are radical and will prove it over and over again then that is not free speech but reckless incitement and irresponsibility. Especially when we it's over taunting unstable people. Hate speech leads to hate crimes.

That is not the same thing as fighting for a meaningful cause like equality. Reminds me of the NRA when it screams that any kind of reasonable gun restriction will send us down a slippery slope of taking away the right have a weapon.


I keep asking myself were those lives worth it? Did anything change?

 

Bluenorthwest

(45,319 posts)
19. So do you agree with the Pope that gay people are disordered or that I have the right to punch him
Fri Jan 16, 2015, 04:55 PM
Jan 2015

for saying so? That man uses denigrating language to enforce actual discrimination against us. Hate speech leads to hate crimes? Uganda is 43% Roman Catholic. The Bishops under Francis there engage in very ugly condemnations of LGBT people.
So the Pope needs to think about his own words and actions and those of his subordinates very hard before he says these things. I really found his comments to be opposed to the Christ's own teachings and also profoundly hypocritical. Profoundly.

 

Bluenorthwest

(45,319 posts)
18. When we speak of 'freedom of speech' it is not the act of speaking that is protected, it is about
Fri Jan 16, 2015, 04:49 PM
Jan 2015

freedom of expression. To have freedom of expression is not the same as the freedom to harm others, it means others can not restrict the way in which you express your ideas, nor restrict your ideas themselves.
To make the argument that theft accomplished with words being illegal has something to do with the protections for freedom of expression and communication is embarrassingly silly.
Oddly, the people who want to restrict speech also want the speech of religion to remind utterly unchecked, so their position is not consistent and the arguments they make are the stuff of 8th grade debate club.

Whiskeytide

(4,461 posts)
21. Apples and Oranges. If I'm not mistaken, the only thing...
Fri Jan 16, 2015, 05:13 PM
Jan 2015

... the 1st Amend prohibits is the government's suppression of speech and expression. It says "congress", but I think that is fairly interpreted to be all government entities.

Free speech doesn't guarantee speech free of consequences. Lies, libel, false advertising, etc. - all can have consequences if they damage someone and that someone sues you. That has nothing to do with the 1st Amend. because it's between you and another person - not the govt.

Contractual agreements to STFU are also enforceable. That's not the govt. shutting you up - it's you agreeing to shut up in exchange for something. Again, not a 1st Amend issue at all.

Following someone around is harassment. If you are prosecuted for it, you're prosecuted for the harassment. Not for the content of your speech while you do the harassment. No 1st Amend considerations.

jeff47

(26,549 posts)
24. Depends on who's being harmed.
Fri Jan 16, 2015, 06:16 PM
Jan 2015

If your libel is about the government, it's the government being harmed. Therefore it's the government who would have to sue you for libel.

If your contractual agreement is part of your security clearance, then it's the government shutting you up.

Whiskeytide

(4,461 posts)
31. But as a party to...
Fri Jan 16, 2015, 07:13 PM
Jan 2015

A civil or administrative claim. Not as part of a government initiative to suppress freedom of expression.

jeff47

(26,549 posts)
35. Not in the security clearance cases.
Fri Jan 16, 2015, 08:44 PM
Jan 2015

That's a criminal prosecution, and can only happen because a security clearance requires waiving some of your first amendment rights.

 

jberryhill

(62,444 posts)
28. Seen a TV ad for cigarettes lately?
Fri Jan 16, 2015, 06:24 PM
Jan 2015

That is the government acting directly.

You seem to miss the point that if I sue you for defamation, and get a judgment against you, it is indeed the government who will enforce that judgment if you don't pay up. That's where the First Amendment and private rights of action such as trademark infringement meet up.

Whiskeytide

(4,461 posts)
30. That's only a private party...
Fri Jan 16, 2015, 07:11 PM
Jan 2015

... enforcing a judgement. That's different from the government infringing on the right of free speech and expression.

 

jberryhill

(62,444 posts)
32. No
Fri Jan 16, 2015, 08:10 PM
Jan 2015

If I get a civil judgment against you in federal court, it is US Marshalls who are going to enforce it if you don't pay.

That's why First Amendment issues come up in trademark litigation - because even though it is a suit between two private parties, the plaintiff is calling on the government to shut the other guy up.

http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=1125
 

jberryhill

(62,444 posts)
26. You missed assault, child porn, and a few others
Fri Jan 16, 2015, 06:22 PM
Jan 2015

Your last one embraces existing laws on threatening speech.
Latest Discussions»General Discussion»Five restrictions on Free...