"Any government regulation of speech or published material is destructive to free society."
Hopefully you immediately think of exceptions: illicit pornography, fire in a theater, ingredient labels/active ingredient listings, directly false marketing, misrepresenting contracts, direct physical threats/"fighting words," convincing someone to commit suicide, intellectual property related speech, advertisements to kids, speech in the military, speech under NDA's, security clearance related information, publicly accusing someone of a crime they didn't commit. Maybe you might think speech is different whether it's from a citizen or non citizen. Maybe it's different from a corporation and a person. Maybe it's different if speech is done in good faith (because a person honestly believes their words) or bad faith (because someone wants to manipulate somebody). Maybe the mode of speech matters, whether it's internet, radio, spoken word, telephone, or otherwise.
Referring to free speech in indirect terms creates a problem, because it denies the grey. Free speech arguments are all about determining the correct gradient of grey for society. Being able to identify and understand grey area is a strong signal of being informed. The grey area is why people who are knowledgeable are unsure and people who know nothing are confident. One sees complexities, the other is blind to them.
Every person on the planet being able to publish a message that can be read by every human (twitter) is something the human race has never had to face before. Facebook can choose to promote hateful speech with algorithms and incite hatred through doing so, gaining them engagement (addiction) in the process. Is that healthy for society? Is fox news healthy? On the other side is CNN (fake news?) healthy? Should China/Russia be able to purchase American airtime? Should American celebrities and businesses be protected from having their speech coerced by foreign powers?
Reasonable people can come to different conclusions on what it means for speech to be "free", what counts as speech, what context around the speech matters, and what entities should get "free speech" protection.
This is why it is encoded as an absolute, so that one’s perspective on what is reasonable or not is irrelevant. If speech causes harm that person can be sued for harm in a civil case. But the government shall not make any law infringing on the right to free speech.
Fighting words, credible threats... These topics can't just be hand waved when discussing whether the ACLU should be fighting for the rights of Nazis to spout hate. Civil lawsuits are rarely even redress as most people can't afford a lawyer to just go around sueing people, even when the cases are egregious. And I don't think anyone wants a world where the ACLU is the unofficial 4th branch of government.
>> Referring to free speech in indirect terms creates a problem, because it denies the grey. Free speech arguments are all about determining the correct gradient of grey for society. Being able to identify and understand grey area is a strong signal of being informed. The grey area is why people who are knowledgeable are unsure and people who know nothing are confident. One sees complexities, the other is blind to them.
"Free speech is table stakes for a free society" is not code for "I believe every entity should have the inviolable right to say whatever they want whenever they want." – I interpret it to mean "A society can't be free unless one of its founding principles is freedom of expression." Another sentiment it expresses is, "we should start from the position that what happens to be expressed is allowable unless it falls under a category where we deem it to be curtailed – versus – speech is strictly regulated, it's a privilege rather than a right, we need to explicitly enumerate the areas where it is unregulated". You're not interpreting what they said charitably in my opinion. And saying "You know things aren't black or white, they're grey" is rather pointless a lot of the time in because you can just counter the supposed argument without the additional lecturing meta-observation which to be honest comes across as kind of condescending to my ears.
Lastly – it's not some massive revelation that there are limitations to freedom of expression:
“Freedom of speech is not regarded as absolute by some with most legal systems generally setting limits on the freedom of speech, particularly when freedom of speech conflicts with other rights and protections, such as in the cases of libel, slander, pornography, obscenity, fighting words, and intellectual property.
Some limitations to freedom of speech may occur through legal sanction, and others may occur through social disapprobation.”
> "Any government regulation of speech or published material is destructive to free society."
Things go off the rails right off the bat by conflating the First Amendment with freedom of speech, which almost always bodes ill for the remainder of the arguments presented. Anyway, the 1st Amendment is a subset of the general principle of freedom of speech that happens to bind the government. The formulation in Article 19 of the United Nations Declaration of Human Rights is a bit clearer about what freedom of speech is:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers"
This encompasses individuals, organizations, businesses, and, yes, governments. This is why the deplatforming of Parler (which in some sense was a happy thing) is still a freedom of speech issue despite not being a First Amendment issue or illegal; third parties stepped in to interfere with those who wanted to impart legal (albeit deplorable) speech and those who wanted to receive legal (ditto) speech. What can be done to one set of people can be done to any other, bad or good, and that's a hazard.
> "Hopefully you immediately think of exceptions..."
Sets up the unfortunately all too common "speech that causes clear and immediate harm is illegal so you don't _actually_ believe in freedom of speech" argument which, much like attacking a point nobody was trying to defend, is neither interesting nor persuasive. Such speech is seldom the core issue of the controversial freedom of speech cases we're discussing in the first place. For example, neither the ACLU's Skokie or even Charlottesville freedom of speech cases had known expectation of immediate harm to others, despite the odious nature of who they were defending.
> "The grey area is why people who are knowledgeable are unsure and people who know nothing are confident. One sees complexities, the other is blind to them."
A pleasant appeal to HN's collective intellectual vanity. Let's see where it takes us.
> "Every person on the planet being able to publish a message that can be read by every human (twitter) is something the human race has never had to face before. Facebook can choose to promote hateful speech with algorithms and incite hatred through doing so, gaining them engagement (addiction) in the process. Is that healthy for society? Is fox news healthy? On the other side is CNN (fake news?) healthy? Should China/Russia be able to purchase American airtime? Should American celebrities and businesses be protected from having their speech coerced by foreign powers?"
Let's substitute for your final paragraphs, a statement I feel is equivalent (please let me know if you think it's an unfair characterization):
"The knowledgeable know better than the ignorant so it's justifiable for the knowledgeable to protect them from themselves by limiting fake news/hateful speech from what they see, with the understanding that what constitutes fake news/hateful speech is decided on by the knowledgeable."
While seductive to a certain type of mindset, the paternalistic and ripe for abuse nature of this idea should be self-evident. It is the progressive equivalent of Kipling's (deeply racist and colonialist) "The White Man's Burden", only here the it is the progressive who are being exhorted to bring enlightenment to the benighted ignorant.
But let's go further and suppose that it were justified somehow, we'd still be faced with the problem that we not know the truth now and, even worse, we don't know what the future will determine the truth to be. Permitting suppression of "hateful speech" would have suppressed the civil rights movement (immensely unpopular in its time), LGBT rights movement (same), and other social movements now deemed important steps in improving human civil rights.
So, in the end, there is nothing new, insightful, nor persuasive to be found here.
(I await the inevitable reply where I'm accused of being a conservative.)
... and sorry HN for polluting the database with ascii when a single upvote would have done fine!
- https://pressfreedomtracker.us/all-incidents/amid-backlash-d...
- https://theintercept.com/2019/08/30/guantanamo-bay-press-res...
If you're aware of more recent information, do share. As I said, this is just the results from a cursory search and may not reflect the current situation.
The places the US does not let journalists access are countless. A prominent example are most of the US' border facilities, the detention-like migrant "housing" facilities among them.[1]
So what you brought up can clearly not be a differentiator between those countries in terms of such an index.
[1]: https://edition.cnn.com/2021/03/22/politics/biden-administra...
Edit:
To be fair to Burkina Faso I should point out that their 'displacement camps' are a case of taking care of people in need: refugees of war. Meanwhile the US facilities are just locking people up before sending them home.
In other words, if the baseline of what is societally acceptable is moved, things that were previously considered extreme are more likely to be seriously considered.