Do You Believe in Free Speech?

you dont need to make false statments to entice children to do something. For an adult yes maybe but even that is not compleatly true. Do you know why parent and health organisations want junk food advertising banned? Its not that they are lying for the most part its that they are manipulative to kids who dont have the ability and training to analise them. Then they spend the next whatever amount of time "pestering" the parents. Even the supermarkets know this which is why they have been forced to have confec free registers
 
As I said, political speech should be the most protected. I might be convinced to tolerate some regulations regarding advertising specifically aimed at children.
 
Harm, courtesy, and worthlessness

Madanthonywayne said:

Congress shall make no law abridging the freedom of speech. Yet we have the Federal Election Campaign Act which contains 242 pages of restrictions on political speech, FEC regulations which add an additional 588 pages of restrictions, and 1278 pages in the federal register.

Indeed. So let's get rid of restrictions on fraud. And let's get rid of that stupid Clear and Present Danger standard, since it was enacted by judicial fiat.

The purpose of such limitations on speech is to protect the value of speech that demanded the First Amendment. In this case, what you're asking for is that free speech should take on a new definition: Free, as in no value.

I sometimes tell a story about a Lutheran preacher who got so angry with his confirmation class that he started throwing Bibles and knocking over furniture. You know what we did to make him so angry? He was trying to make a point about the Pentecost, of all things, and told us to cover our ears, close our eyes, and start shouting at one another. It's not that anyone mouthed off to him. We all just sort of sat there, looked at each other, looked at him, and then looked at each other again, and then he was off on his riot.

When the point or effect of "free speech" is to silence other people and thus denigrate their own right to free speech, a question arises. This is a particularly pointed version of it.

I have to agree. We're not an 18th century village, we are a modern multi-media nation with literally hundreds of millions of citizens. It's very difficult to reach those citizens without money.

That doesn't reconcile with your later answer:

Tiassa: Is free speech a privilege for the economically empowered? Again, just so we're clear here, I want your sincere answer to that question.

Madanthonywayne: Of course not. It is a priviledge that all should enjoy.​

Now, in the first place, free speech is a right, not a privilege. But more importantly, if free speech isn't a privilege for the economically empowered, how can you agree that "money is speech"?

Considering the text which states "no law", I'd go with the broader interpretation.

So if the court ever overturns the "error" of Santa Clara, will you complain about judicial activism?

I do understand your reservations, but it's not like corporate money isn't finding its way into campaigns already. Let's put it in the open. That's one law I'd fully support, all donors must be reported on the internet. Let the people decide if a particular candidate is in the pocket of some corporation or other

And yet you're advocating that the court help an organization hide the money.

Remember that the original issue in Citizens United wasn't about speech. It was about corporate money.

Yet you seem to support the activism of the Roberts court attempting to inflate the issue into a test of McCain-Feingold.

I'm not arguing for full personhood for corporations. I'm just talking about speech.

Well, personhood is the basis of a corporation's right to free speech.

I'm not advocating the outcome, but the process. Just as I don't like to see Nazi's marching in my street (or ACORN, for that matter); I'd fully support their right to do so. Just as I tolerate the occasional Democrat being elected as the price of democracy; I tolerate the occasional bullshit law for the same reason.

You don't support the outcome, but you support the process that leads to the outcome? Okay, we'll come back to that in a moment.

Kennedy gave the correct answer. Let everyone spend as much money as they want whenever they want. Just require full disclosure of all donors.

I always thought the justices asked the questions during oral arguments, not answered them.

I certainly don't believe that corporations should have special priviledges with respect to speech. We should all be able to spend money however we see fit to get our message out.

And yet you're still arguing on behalf of corporations having special privileges. And the effective reservation of free speech as a privilege of the economically empowered.

It's reasonable because, in that case, one is deliberately lying in a situation in which lying can cause immediate physical danger (even death) to everyone present. No public or even private good is served by protecting such speech.

Well, you don't support the outcome, but can one not support the process that leads to the outcome? Causing a panic could certainly be construed as an artistic endeavor. Brutal, savage art, to be certain. But one could certainly argue that public and private good could come from such a situation if people actually learn something about group behavioral dynamics, or if the public authority retools its emergency plans to cover gaps exposed by such a ruse.

I don't think it's a good or proper way to go about it, but you are the one who introduced the argument of not supporting the outcome while supporting the process.

No, I'm tolerating bullshit because I see it as a package deal. You've got to take the good with the bad. Especially in politics.

Politics has a tremendous effect on people's lives. Let us consider that in the context of your next point:

Because killing people and molesting children is wrong. The harm inflicted in the process of creating snuff films and child porn far outweighs the speech rights of the "film maker".

Now, as I would expect you're aware—especially since we had one of these people in our community recently—there are plenty of pedophiles out there who don't think it's wrong. And, yes, there are plenty of children who will say yes. Indeed, there are places in the world where what you and I would consider child pornography is legal to produce. In fact, I could go out on the net and within a matter of a few minutes, download one of these videos for free, as in the people who produced it get no money for my possession and viewing of the file. Presuming that the child consented, and that it was legally produced under the prevailing laws where it was made, why should that be illegal?

Obviously, I have my answers for that, and so do you. Sure, I'm interested in yours, but I'm trying to illustrate a point.

The line that we draw has to do with harm. There was the case in Germany where the guy volunteered to be killed. He even tried to consume part of his own penis before he was killed. His killer had consent to perform the deed.

So why is it illegal? Because, to put it bluntly, it's insanely harmful.

The difference between the propriety or impropriety on a limitation of free speech—the German killing, although I've never seen it, was, as I recall, recorded for posterity—is the harm it causes.

Now let us go back to politics, because politics has a tremendous effect on people's lives.

Stacking the deck for the privilege of wealth is harmful to our political system, and I would hope after the Iraqi Bush Disaster you could see that it's also harmful to people's lives. Perhaps the civil rights of a donut-puncher aren't important to you, but a war?

And, to be certain, only a couple weeks ago, you advocated a restriction on free speech as "a simple courtesy":

"The purpose of policies regarding not showing dead soldiers is to protect the family of the soldier(s) from seeing horrific images of their loved ones blown to shit. It's a simple courtesy and the least we can do for families that have already given the life of a loved one for their country."​

As I mentioned earlier, consider the case of ACORN being taken down by two twenty somethings with a budget of about $1200.

Just because I'm curious, and since conservatives aren't really addressing the issue, Do you support the practice of entrapment?

And it should also be noted that those twentysomethings had to break laws in order to accomplish their entrapment.

The major campaign finance laws were passed in 1972 and later. Would you say that politics is cleaner since then? Would you say that the quality of candidates has improved since then? Fuck, I'd say they're worse than ever. Imposing all these limitations on campaign finance makes it so fucking hard to raise money that the only interesting candidates we seem to get are millionairs who can fund their own campaigns (like Ross Perot).

I don't pretend it's nearly so simple. It's competition, with a free-market attitude about it. And, as Marx pointed out, exploitation is inevitable under such circumstances. Competition, we're told, is healthy. And to a certain degree it is. But it also results in cutting corners, dishonest schemes to boost returns, and, so on. Blaming the laws for the dishonest people who seek ways around them and harm society isn't exactly a good argument. Are you pretending that dishonest people would suddenly become honest if we got rid of all the laws?

What is wrong with someone like Steve Forbes (who has run for the Republican nomination many times but is such a nerd he'll never get it) writing a check for a million dollars to finance some telegenic friend of his and let him run for office?

Make you a deal. I'll say "nothing" if you never again criticize special interests and monied influence in politics. I'll do you the favor of pretending you have a point if you promise you will never prove yourself a hypocrite about it.

One thing you and I agree on is that the current situation sucks. Every election presents us with the choice between a douchbag and a shit sandwich. Let's open things up a bit and maybe we'll get something a little better. Come on! Vote for change!

Unfortunately, the change you're asking for will close things up a bit.

However, I'll make my own proposition here: Review boards with a broad and flexible mandate to consider campaign advertisements. When controversial claims are made—such as, say, "Corporate entities trying to ply advantage with money are bad enough, but ACORN is seeking formal, legalized and legitimized access into the halls of power", come up (see? I didn't use one of yours this time), the board investigates the facts and sources, and if a political argument is found to be fraudulent, that agent is suspended from participating in the campaign cycle and subject to increased scrutiny against recidivism in future campaigns. Of course, that would have buried the RNC in '04. And Palin in '08. But if we can be reasonably assured of integrity, I don't really care how much money anybody spends.
 
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