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Defending Speech We Hate

77 点作者 apcragg大约 4 年前

11 条评论

bigtones大约 4 年前
This article published last night by the ACLU is in direct response to the New York Times piece below published yesterday to counter the narrative the ACLU is in an identity crisis.<p>The identity crisis as detailed in the NY Times article states that the majority of lawyers that are members of the ACLU do not agree with the stance that ALL free speech should be defended. They argue that the free speech rights of the far right in the January 6th Capitol Riots were not worthy of defense by the A.C.L.U, whereas the BLM free speech rights are.<p>That is a big departure from the ACLU historic stance of the past and it&#x27;s the problem inside the ACLU right now - today free speech does not trump voting rights, reparations, transgender rights and defunding the police in the eyes of the MAJORITY of their members.<p><a href="https:&#x2F;&#x2F;www.nytimes.com&#x2F;2021&#x2F;06&#x2F;06&#x2F;us&#x2F;aclu-free-speech.html" rel="nofollow">https:&#x2F;&#x2F;www.nytimes.com&#x2F;2021&#x2F;06&#x2F;06&#x2F;us&#x2F;aclu-free-speech.html</a>
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dnissley大约 4 年前
Personally, I&#x27;d like to see the ACLU take up the issue of &quot;hostile work environment&quot; legislation. The ambiguity of this term and the various ways different courts have interpreted it seems to be one of the greatest threats to free speech in the current day and age. Whether it&#x27;s defining it more narrowly or getting rid of it altogether, something should be done about it, and I can&#x27;t think of a better positioned organization to take on that task.
skrowl大约 4 年前
This is somewhat true. For example, they put out a press release talking about Facebook &#x2F; Twitter&#x27;s unchecked power when they banned President Trump, but they didn&#x27;t go further than that.<p>Speech they hate gets a strongly worded press release.<p>Speech they like gets actual litigation support.
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bitcurious大约 4 年前
<a href="https:&#x2F;&#x2F;www.nytimes.com&#x2F;2021&#x2F;06&#x2F;06&#x2F;us&#x2F;aclu-free-speech.html?searchResultPosition=2" rel="nofollow">https:&#x2F;&#x2F;www.nytimes.com&#x2F;2021&#x2F;06&#x2F;06&#x2F;us&#x2F;aclu-free-speech.html?...</a><p>This is an article worth reading, if you&#x27;re curious about the ACLU&#x27;s identity crisis.
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the_optimist大约 4 年前
There&#x27;s some pretty intense careful-phrasing in there that is entirely removed from on-the-ground experience, including the body of the organization being dedicated directly toward the &#x27;stop Trump&#x27; resistance, in both fundraising and activity.<p>&#x27;When the tide goes out, you find out who&#x27;s swimming naked.&#x27;
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SpicyLemonZest大约 4 年前
Reading through their examples, this definitely seems like a case where increased <i>visibility</i> of internal disputes is being incorrectly perceived as an increase in their frequency or ferocity. (With the subproblem, as always, of Twitter - it&#x27;s a lot easier to stay on-message when you&#x27;re not publishing a daily live feed of hot takes.)
motohagiography大约 4 年前
What the ACLU ultimately does is defend the rule of law from being usurped or cast aside by conflicts over speech.<p>Defending speech one hates is a way to maintain and develop the integrity of the law as an institution, and I think this is the underlying mission of the ACLU. The examples of what they do protect the right of individuals and groups to say this or that, but the real work of the ACLU is to be a grinding stone to refine the law the way an official opposition party works in a parliamentary system. While hard cases make for bad precedents, it is in the hard cases that ensure the law is fit for purpose.<p>In this sense, the ACLU are not reliably progressive activists or allies, even if they often outwardly behave as them, because they in-effect take a fundamentalist position on the principle of the rule of law over the effects of speech. In this view, progress may only occur on a foundation of the law, and this is what offends radicals and fanatics alike. The material of the speech they choose to defend is secondary to, and even independent of, whether the parties are saying something evil or not.<p>What I do not think they were prepared for is the co-ordinated assault on language itself, where we have real uncertainty about whether the rule of law can withstand a cultural movement in which words have no fixed or shared meaning. Arguing the meaning of a text, and unmooring the text from meaning as a means to selectively reconstitute it are very different problems. The integrity of the ACLU to its principle maybe a useful canary for how much the culture can withstand.
lesstenseflow大约 4 年前
I&#x27;m surprised that this case hasn&#x27;t received more attention: <a href="https:&#x2F;&#x2F;www.womensliberationfront.org&#x2F;aclu-lawsuit-public-records" rel="nofollow">https:&#x2F;&#x2F;www.womensliberationfront.org&#x2F;aclu-lawsuit-public-re...</a><p>Here, the ACLU is suing to <i>prevent</i> citizens from getting public records released by the government. From ACLU: &quot;We have filed for an emergency Temporary Restraining Order and a Motion for Preliminary Injunction to prevent the disclosure of documents you have requested from the Department of Corrections.&quot;<p>This really blew my mind–I never thought I&#x27;d see the day when the ACLU filed suit to protect government secrecy against FOIA sunshine. This seems to be a clear conflict between progressive causes (in this case: letting trans-identified male people access female prisons) and supporting government transparency. Here the ACLU decided transparency could and should be denied because the information was being requested by bad people, or for bad reasons, or something.<p>If you only support free speech (or transparency) in cases where you agree with the actors, you don&#x27;t really support free speech at all.
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legitster大约 4 年前
There&#x27;s definitely something different about the recent work they highlight:<p>&gt;We filed an amicus brief<p>&gt;We advocated<p>&gt;We sent a public demand letter<p>&gt;We filed comments<p>&gt;We sent a letter<p>&gt;We questioned Twitter and Facebook<p>Compared to the work they did in the past, this is all incredibly low effort.<p>If anything, going through this list highlights a lot of actual hard work being done by completely separate organizations.
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pianom4n大约 4 年前
If your organization is dedicated to supporting free speech, but openly admits that it hates large swaths of speech, it&#x27;s already failed.
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neonological大约 4 年前
&quot;When men have realized that time has upset many fighting faiths... We&#x27;ve been wrong before, and we&#x27;re likely going to be wrong again...That the ultimate good desired is better reached by free trade and ideas. In light of that knowledge that we may be wrong, the best course of action, the safest course of action, is to go ahead and listen to the ideas on the other side. The best test of truth is the power of the thought to get itself accepted in the competition of the market. Those are the ideas that we can safely act upon. Every year, if not every day, we have to wager our salvation upon some prophecy based on imperfect knowledge. That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment.&quot;<p>- Oliver Wendell Homes on the marketplace of ideas.<p>Unknown to most people, our modern idea of free speech was not founded by the constitution but by a judge of the name Oliver Wendell Homes. The history and story of how our modern concept of free speech came to be what is today is very relevant to the free speech problems faced by the ACLU.<p>If you&#x27;re interested I recommend this podcast episode: <a href="https:&#x2F;&#x2F;www.wnycstudios.org&#x2F;podcasts&#x2F;radiolab&#x2F;articles&#x2F;what-holmes" rel="nofollow">https:&#x2F;&#x2F;www.wnycstudios.org&#x2F;podcasts&#x2F;radiolab&#x2F;articles&#x2F;what-...</a>. Really relevant and really interesting.
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