Harper's Letter on Justice and Open Debate (user search)
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  Harper's Letter on Justice and Open Debate (search mode)
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Author Topic: Harper's Letter on Justice and Open Debate  (Read 2314 times)
Calthrina950
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« on: July 09, 2020, 04:53:05 PM »

In the nearly one year which has passed since I returned from my hiatus, I've come to appreciate, more than ever, the need for free and open debate online and in the real world. Freedom of speech is one of the most essential liberties which we have; it underpins many of our other rights, and is vital to the successful and fair operation of civil society. Hence, I would agree with the underlying sentiments expressed in this letter.

At the same time, however, freedom of speech does not mean that one should be shielded from the consequences of what they say. As we've interpreted it in our jurisprudence, freedom of speech has meant that one cannot be restrained or harassed by government; it does not mean that one cannot be punished by their employer, or criticized (and even scorned) by other members of civil society. This is particularly true when someone engages in hate speech or the like. The Supreme Court has recognized that hate speech is constitutionally protected, but such recognition does not extend to the actions of private actors, with regards to whether or not they will employ or interact with someone who utilizes such speech. That is the distinction which I think hasn't been fully recognized here.
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Calthrina950
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Posts: 15,936
United States


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« Reply #1 on: July 11, 2020, 05:52:09 PM »

In the nearly one year which has passed since I returned from my hiatus, I've come to appreciate, more than ever, the need for free and open debate online and in the real world. Freedom of speech is one of the most essential liberties which we have; it underpins many of our other rights, and is vital to the successful and fair operation of civil society. Hence, I would agree with the underlying sentiments expressed in this letter.

At the same time, however, freedom of speech does not mean that one should be shielded from the consequences of what they say. As we've interpreted it in our jurisprudence, freedom of speech has meant that one cannot be restrained or harassed by government; it does not mean that one cannot be punished by their employer, or criticized (and even scorned) by other members of civil society. This is particularly true when someone engages in hate speech or the like. The Supreme Court has recognized that hate speech is constitutionally protected, but such recognition does not extend to the actions of private actors, with regards to whether or not they will employ or interact with someone who utilizes such speech. That is the distinction which I think hasn't been fully recognized here.

The Constitution focuses on government not punishing speech since it is a document dealing with the role and limits of government.  That doesn't mean it's not an important principle elsewhere.

I don't disagree with this, and if you look at my first paragraph, you'll see that I've expressed my strong support for freedom of speech. What I'm trying to say is that not all speech is without consequences, and private platforms (like Twitter and Facebook) do have the right to govern what content appears on their websites. Employers, likewise, can punish or fire employees who violate their codes of conduct.
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