Friday, May 08, 2015

“If we accept the idea that people have a right not to be offended, we will end up with a tyranny of silence, for almost any speech may be deemed offensive.”

Hate Speech Is Free Speech - Hit & Run : Reason.com: "If people are only free to say things that are unobjectionable to anyone, then they are not free to speak. The editorial board of the New York Times misses this vital point with an editorial today headlined, Free Speech vs. Hate Speech. Versus? 
...there is no clause in the First Amendment that forbids the speaking of hateful words.

But it is equally clear that the Muhammad Art Exhibit and Contest in Garland, Tex., was not really about free speech. It was an exercise in bigotry and hatred posing as a blow for freedom. 
Yes, the organizers may well harbor hatred against Islam and Muslims in their hearts. Nevertheless, expressing such hatred is not just "posing as a blow for freedom," it is the exercise, however distressing, of freedom of speech...

 Let's hop into the WABAC Machine to the late 1970s when our highest courts ruled that Nazis calling for the death of Jews is protected speech. In the 1977 case, the National Socialist Party of America vs. the Village of Skokie the U.S. Supreme Court properly ruled that the hateful Nazis had the free speech right to rally in a town where one in six residents were Holocaust survivors...

Any confrontation in Skokie would be painful, as the disciples of murderers flaunt their hated symbols in the faces of people who survived the gas ovens. But on this issue, the A.C.L.U. has no choice. As Mr. Neier explains, if his organization is not faithful to the principle that free speech must be demanded for all, then it does not deserve the words "civil liberties" in its name. The Times' Skokie editorial concluded: As long as the Nazis do nothing illegal, they are entitled to the protection of the law. The argument that they will provoke violence simply by appearing on the streets of Skokie only emphasizes the obligation of the police to keep the peace - and gives an opportunity to the people of Skokie to demonstrate their respect for the law."


...tolerance properly understood is the ability to accept speech one dislikes. “When we focus on non-discrimination and equality, and aim to empower the aggrieved, tolerance is no longer about the ability to tolerate things we don’t like,” he explains. “It becomes the ability to keep quiet and refrain from saying things that others may dislike.” Calls to ban offensive speech sacrifices diversity of expression in the name of respecting diversity of culture. “If we accept the idea that people have a right not to be offended, we will end up with a tyranny of silence, for almost any speech may be deemed offensive,” declares Rose. 

Insult fundamentalists justify their efforts to restrict speech with the catchphrase, “Freedom of speech is not the same as the freedom to offend.” In fact, there is no freedom of speech if people cannot offend those who would deny women equal rights, persecute homosexuals, and commit violence against people who do not share their faith. “The idea that if you say something that might be construed as offensive, you somehow restrict the liberty of others is nonsense,” argues Rose. He is entirely right."

...We must never reward violence. "We can understand the practice of violent retaliation against sacrilege as analogous to the violence employed by terrorists in pursuit of a political goal, or by kidnappers and extortionists in pursuit of personal gain," argues Dacey. In such situations, government officials properly adopt the "No Compliance Principle" – they do not give into the demands of the terrorists and kidnappers. Doing so will simply encourage others to engage in terrorism and kidnapping later. Similarly, refusing to comply now with the demands by violent Islamists to shut down free speech will prevent even more harm in the future. "By adopting a presumption of refusing to comply, and being seen to refuse to comply, we are doing what we can to uphold the rule of law and to contribute to a culture of open public discourse, in which no lawful expressive acts are prevented by threats of violence," explains Dacey."

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