On one side proponents will suggest that 'trigger warning' discussions are merely offensive to those who may possibly but will not necessarily be harmed - they are offensive but not harmful and this then is not enough to limit it as speech. Furthermore ample forewarning can be given to limit the exposure of someone sensitive to what is going to be spoken and a choice can be made in advance by someone who is sensitive to possible trigger warnings to participate.
On the other side, arguments can be made that (A.) exclusion from the debate based on the possible presence of trigger warnings legitimizes a paternalism because victims can not then show up to the debates (B.) the size of the class of potential victims and the scope of some discussions make it inevitable that harm will be done to someone or (C.) that the affects of open discussion on certain topics themselves have societal affects that cause harm as they institutionalize harmful norms (there are many examples from history).
There are topics and scenarios that exist on the boundary between the principle of harm and the principle of offense. Good arguments can fit these issues squarely into one or the other.
Obscenity and pornography don't necessarily hurt anyone. Sedition laws are, by definition, used only to support the current ruling class and government. Most of the trade secrets, NDAs, etc. are just to help entrenched interests--something many here have rallied about when signing contracts. Public order, public security, and public nuisance are additional laws mainly used to censor and justify the persecution of people who are in disagreement with the establish government.
Frankly, regulation of free speech has pretty much always favored the majority at the expense of the minority.
I'm of a similar mindset but don't hold such extreme views.
Allow me to try to provide some justification for the items you listed.
The types of pornography that are made illegal (here we are talking about America, you would get my agreement about recent laws passed in the UK) are snuff films - rape and child pornography or pornography that permanently disables or disfigures the subject - because they do necessarily hurt the subject. Once the pictures/videos are already taken, they continue to hurt the victims as their suffering is publicized and available to the fantasy of clients (and of course they won't see any proceeds), and this media will hurt future victims by institutionalizing a demand for new content. Limits on pornography (despite what religion institutions yell loudly about) are not about harm to customers but harm to subjects.
With exceptions for torture, humiliation, dismemberment and execution (including the same to animals) I won't defend obscenity restrictions as the arguments are quite different than those for restricted forms of pornography. These listed exceptions of course are great examples of harm coming from obscene content and again are illegal (though lacking in the case of animals) under obscenity laws under the harm principle.
Other forms of obscenity restrictions seem to me to fall directly in line with the offense principle and should not be restricted. Take for example the Supreme Court decision Miller v. California. The resulting 'Miller Test' for obscenity decisions:
1. Whether the average person would find that the work, taken as a whole, appeals to a lewd curiosity;
2. Whether the work depicts or describes, in an offensive way, sexual conduct or excretory functions, specifically defined by applicable state law; and
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Compare this test against Mill:
"That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign."
Obscenity, when it is victimless, and it is almost always victimless, clearly fails the harm principle test. For the most part, this is the case in America. There are cases where obscenity laws prevent things such as expressions of homosexual affection, for example, and it is harder to find clear victimhood in these cases even when the law agrees to prohibit them. A note that this Supreme Court decision was made by a conservative majority court.
Regarding sedition I understand your point - that speech critical of the power elite ought to be protected in the strongest terms. I have a lot to say with regard to restrictions on sedition. I'll advocate for a devil for a blurb and then comment briefly in an attempt to sum up more than I can defend into a few sentences.
With very few exceptions (the velvet revolution?), successful seditious overthrow of a ruling class and/or government have in almost every single case caused great harm both to the ruling class and to those who are caught adrift in the following power vacuum. Furthermore the ruling class/governance structure have to be convinced that alternatives to their administration is harmful. Other mechanisms for change are (supposed to be) available in Western democracies so that seditious change is not necessary, as the JFK quote "those who make peaceful revolution impossible make violent revolution inevitable." One additional item - I can't actually find (in America) a modern use of sedition laws, though I merely performed an internet search.
Summing more than I can defend into a few sentences: presumably if a government were harming its citizens (the power elite abusing their position) this is a prior wrong and in alignment with the JFK quote violent revolution is inevitable. Presumably at the point where seditious speech is required for freedom from government by implication the government is unjust and its laws - those restricting seditious speech and otherwise - hold no justifiable weight.
In short I agree with you very wholeheartedly regarding sedition.
Because this is getting long, and because your analysis for the final items occupy a similar space - allow me to respond to them in tandem.
You suggest in the final five (trade secrets, NDAs, public order, security and nuisance) that harm may in fact be done to specific individuals - those whose income relies on the keeping of certain secrets/formulas/processes, or those who occupy certain streets/neighborhoods/townships - but that additional harm can be done to other individuals (dissidents and political activists) by a state seeking to weaponize these laws and to abuse them. I would suggest here that the problem is not with the laws but with the abuse. Any law can be abused by the state to harass or detain critics. The worry here is that by targeting laws that protect the public security ("fire!") one would throw the baby out with the bath water.
WTF? Can we discuss capacities of out dear leader and our allmighty twoparty at least?
Which is exactly why the incumbent establishment was incandescently upset that this decision stuck down part of the bipartisan McCain (Republican)-Feingold (Democrat) law.
Key there is leveraged. That takes money and organization. Citizens United was about suppressing the distribution of a film during the 2008 Democratic primary season (as clarified during the oral arguments, this extended to books). The law went so far as to prevent sending non-partisan voter's guides such as the NRA's 60 days prior to general election; "low information voters" would not seem to be viewed as a great problem by our betters.
Yes this is the principle of offense.
> It sounds like the argument for trigger warnings is that some people think they might be harmed by speech.
Yes this is the principle of harm.
> That doesn't sound like a very good reason to try to limit free speech.
All of our freedoms are granted up until the point where our actions would cause harm to others. At this point our freedoms are infringing on the freedoms of others, and their expressions become restricted. In this regard, speech is and has been no different from any other right - although it sounds like you have an argument for why speech should be allowed even when it causes harm to others?
(Wikipedia on the harm principle: https://en.wikipedia.org/wiki/Harm_principle)
Oberlin College's infamous policy [1] (now tabled) shows this dynamic at its worst, warning faculty that "anything could be a trigger" and encouraging them to "remove triggering material when it does not contribute directly to the course learning goals." Such a policy pressures faculty into avoiding controversial subjects altogether, and gives students a lever to remove content they would rather not see taught.
Happily this policy has since been revised, showing that faculty can successfully fight to maintain their academic autonomy.
1: http://web.archive.org/web/20131222174936/http:/new.oberlin....
The media should actually – quite the contrary…
Instead of encouraging a culture of avoidance,
they should be encouraging exposure.
Most trauma survivors avoid situations that remind
them of the experience. Avoidance means helplessness
and helplessness means depression. That’s not good.
Exposure to trauma reminders provides an opportunity
to gain control over them. This is the essence of the
treatment that we are using to help trauma survivors.
It involves encouraging the patient not to avoid
reminders of trauma, but in fact to make a point of
exposing themselves to reminders of trauma so that
they can develop a tolerance.
I liken it to a vaccination. You get a small dose of
the virus so that the body can develop immunity towards
it. Psychologically it’s the same phenomenon.
Here's another article that discusses five studies relevant to trigger warnings [2]. A couple interesting quotes: Trigger warnings are designed to help survivors avoid
reminders of their trauma, thereby preventing emotional
discomfort. Yet avoidance reinforces PTSD.
and Many women who have experienced sexual assault reject the
label victim in favor of survivor. But although the latter
term connotes empowering agency, having trauma become central
to one’s identity bodes poorly for one’s mental health.
[1] http://www.telegraph.co.uk/culture/books/11106670/Trigger-wa...[2] http://www.psmag.com/navigation/health-and-behavior/hazards-...
Consider the example of Bob, a hypothetical person who has a phobia of elevators.
People tell Bob to face his fears. So, Bob decides to do this. He visits a local mall that has a bank of elevators. As he approaches them his body starts releasing adrenaline. His palms get a bit sweaty. His heart starts pumping a bit faster. His breathing changes. His anxiety levels raise. Bob tells himself to just keep going. He reaches the elevators, and reaches out a shaky hand, and pushes the button. He has thoughts - "I'm going to get trapped in this elevator" (for example), but he pushes those thoughts aside. The elevator arrives, with the announcement "Ding!", the doors slide open, and Bob gets in. Bob's thought's are crowding his mind, but he thinks "This is stupid, my fears are irrational" - but that does nothing to stop his fear. He pushes a button for a floor a few levels higher. The doors slide close. The elevator starts with a small lurch. Bob's anxiety levels are now really high. He is near panic. The elevator reaches his selected floor, the doors open, and Bob rushes out. As he leaves the source of danger his body floods with endorphins, and the further away he gets from the elevator the better he feels. His breathing calms down; his thoughts subside; his heart rate drops back to normal.
Bob has not conquered his fear of elevators. Bob has made his fear worse.
What Bob should do -- and these might seem like minor changes -- is to add some time for him to consider his thoughts.
Bob should spend a few moments looking at the elevator. Bob is in control - he can get in or not, as he wishes. He has to think about what his emotion is ('Fear') and what the thought causing that emotion is ('I will be trapped in the elevator'). He should sit with that for a few moments. Bob is not supposed to think "my fears are irrational". People do after all occasionally get trapped in elevators. (And spiders can be dangerous, and dogs do bite people, and sometimes blood does carry diseases, etc etc.) He should consider the evidence for that fear - ('I read that report of someone who got trapped in an elevator for a few days'). He should also think about how his body feels, and recognise that his heart rate has risen, and his breathing is different. Then he needs to think about different evidence ("I don't know anyone who has been trapped in an elevator. I have never heard of these elevators not working." and see whether that has reduced his fear a bit. This is an iterative process, you're supposed to use it each time you face that situation and it gets easier to do over time. Once Bob gets into the elevator he is supposed to stay in it until he has controlled his breathing and reduced his fear a bit.
So, yes, it's important to not avoid all sources of trauma but it's important to do it properly.
Trigger warnings do serve a useful purpose when talking about suicide or self-injury, which both have elements of contagion.
EDIT: Your article starts with an example about OCD. I agree that trigger warnings don't help there, and what people actually need is much easier better quicker access to treatment. There is very little risk of someone with OCD doing the things they have obsessive thoughts of (women have thoughts of putting their babies in microwave ovens, for example, but they would never actually do this). The article's expert then only considers trigger warnings for trauma - (where I agree they serve little purpose) but does not consider trigger warnings for contagion of self-harm or suicidal ideation.
What I believe that articles were getting at was not that Bob needs to be shoved into elevators, but rather Bob does not need to be warned away from situations where elevators might be mentioned. He doesn't need warnings before TV shows cautioning that there may be scenes with elevators, warnings that a control theory lecture will include elevator control examples, and so on.
I once had severe trauma after I started reading comments on polish equivalent of yahoo. I was struck by existential fear after confronted with sheer stupidity of people's opinions and their own reports if how they fscked up their life. That was shock at least on par with seeing pornography for the first time. I consider it to be formative experience.
If you've ever seen a rape survivor having a PTSD-induced breakdown, you consider it polite to avoid causing that when practical.