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Freedom of Speech Quandary
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Fox



Joined: 04 Mar 2009

PostPosted: Sat Apr 02, 2011 8:52 pm    Post subject: Reply with quote

Space Bar wrote:
Killing people should be illegal. Talking about it should not.


Just talking about it should not be, but threatening to do it isn't merely talking about it in the abstract, it's an attempt at coercion or intimidation. A threat also doesn't require a genuine intention to follow through on the threat for it to be socially harmful. Whether this woman was serious or not about her threat (and of course, she almost assuredly was not), her words were very serious. How can we expect a government like ours to function if citizens are just allowed to bombard their representatives with threats to their life and well being?

Obviously, there are many cases like your mother example, where it's patently obvious that the threat isn't genuine, but rather a figure of speech or a joke. Those cases don't end up in court, though. Lots of things that are technically illegal don't end up in court because no one involved in them sees a need to press charges, and that alone does much to self-correct on this issue.

If you're going to send people "non-serious" death threats, you'd best be sure they'll take them in the spirit they are meant (something a politician who has never met you can't possibly be expected to do). I don't think that's an unreasonable standard to hold our citizens to.
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Steelrails



Joined: 12 Mar 2009
Location: Earth, Solar System

PostPosted: Sat Apr 02, 2011 9:09 pm    Post subject: Reply with quote

I think Pastor Jones and his crew should be able to burn the Quran.

I also think that given his actions in a wartime context he should be banished by Executive Order to Afghanistan (ala Clement Vallandingham) where he can continue to fight the good fight in the den of his enemies.

At least then we'd know whether he really has the courage of his convictions. If him and his followers jump at the opportunity to go, well then maybe they can stay. However if they get cold feet about going to Afghanistan and burning a Quran there, well then by all means send them over and drop them off in downtown Kandahar with Qurans and Kerosene while our boys drive away and leave them to the people.
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Kimbop



Joined: 31 Mar 2008

PostPosted: Sat Apr 02, 2011 9:27 pm    Post subject: Reply with quote

Fox wrote:
We should be able to burn any book we own, privately or publicly; limiting such freedoms is harmful to society. We should not be able to threaten one another with death; limiting such freedoms is beneficial to society. I think that's pretty much the essence of the situation.


Nail --> head. Fox, please add this argument to the very short list of topics upon which you and I agree. Thank you.

Bottom line. Case closed. Tell Yataboy to move along. Radical Muslims kill because they are anti-human brainwashed psychopaths, not because a book was allegedly burned or Charlie Sheen said something.
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caniff



Joined: 03 Feb 2004
Location: All over the map

PostPosted: Sat Apr 02, 2011 9:27 pm    Post subject: Reply with quote

Steelrails wrote:
well then by all means send them over and drop them off in downtown Kandahar with Qurans and Kerosene while our boys drive away and leave them to the people.


We'd end up having to go back and get them after a beheading video hit youtube (spending millions in the process).
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mises



Joined: 05 Nov 2007
Location: retired

PostPosted: Sat Apr 02, 2011 9:42 pm    Post subject: Reply with quote

Absurd.
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comm



Joined: 22 Jun 2010

PostPosted: Sun Apr 03, 2011 5:14 am    Post subject: Reply with quote

Fox wrote:

C) Anything that extremist clerics could use to incite Muslim peasants to riot to be illegalized.


Ya-ta seems to be advocating this one. If I said "I will incite a riot and to kill a dozen people if you eat chicken on Sunday." and then you eat chicken on Sunday, and I incite a riot that kills a dozen people... how responsible are you?

Weren't you intentionally trying to kill people by eating chicken on Sunday? What kind of cruel and heartless bastard are you?
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Kuros



Joined: 27 Apr 2004

PostPosted: Sun Apr 03, 2011 6:48 am    Post subject: Reply with quote

Fox wrote:
We should be able to burn any book we own, privately or publicly; limiting such freedoms is harmful to society. We should not be able to threaten one another with death; limiting such freedoms is beneficial to society.


Book burning is protected speech.

Quote:

In the cases of R. A. V. v. City of St. Paul and Virginia v. Black the Supreme Court struck down city ordinances prohibiting cross burning. Although the Court did say in Virginia, that a law prohibiting cross burning as a threat would be constitutional, cross burnings as "messages of shared ideology," are a protected form of free speech. These cases are strong examples of speech that is not popular, but that must be protected. However, the limits are clear. As the Court wrote in Virginia, true threats are not protected under the First Amendment, "a State may choose to prohibit ... those forms of intimidation that are most likely to inspire fear of bodily harm."


The riots occur because Muslims find the burning of the Quran offensive, and not because they find them threatening (such as an African-American might interpret men in white sheets burning a cross on his lawn). Offensive speech is protected, threatening speech is not.
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Menino80



Joined: 10 Jun 2007
Location: Hodor?

PostPosted: Sun Apr 03, 2011 8:16 am    Post subject: Reply with quote

the two are not even remotely connected.

If some dumb Bircher spray paints a mosque in Fort Worth after seeing a flag burning in Gaza, do we hold Hamas accountable? Give me a break.

Muslims are not animals, they are capable of thought and abstract reasoning just like everyone else. The ones that do this are just the mouth-breathing sect, which every religion has. We should not tailor our behavior (even the Christofascists among us) to ensure that the mouth breathers feelings are preserved.

Also, the Koran burning is a cover, IMO.
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Sergio Stefanuto



Joined: 14 May 2009
Location: UK

PostPosted: Sun Apr 03, 2011 10:02 am    Post subject: Reply with quote

What savages we Westerners have become, where we debate whether every citizen has the right to desecrate the cherished beliefs of others. A truly breathtaking decline in civility
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NSMatt



Joined: 29 Dec 2008
Location: London

PostPosted: Sun Apr 03, 2011 10:39 am    Post subject: Reply with quote

OP, Your position is absurd and frankly a little puzzling. I'm not sure how you see these two issues as being anything alike.

In the first instance the young woman directly threatened individuals with death or serious bodily injury. Her threats were very specific. Even though she had no intention of following through she is guilty because the offence is the threat, and not the act of violence itself.

In the second example a man burned a book. He threatened no one, nor did he direct anyone to behave in a particular manner.

Now I agree that it is reasonable to assume that violent protests would occur as a result of his actions. However this does not make him morally culpable. We cannot limit our behaviour based on the chance that someone, somewhere, will take offence.

What if we take your first example and flip it around? Are the republican senators morally culpable because their union bill inspired Windels to make death threats? Restricting our actions because others respond violently legitimizes violence as a means of persuasion.
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Menino80



Joined: 10 Jun 2007
Location: Hodor?

PostPosted: Sun Apr 03, 2011 12:26 pm    Post subject: Reply with quote

Sergio Stefanuto wrote:
What savages we Westerners have become, where we debate whether every citizen has the right to desecrate the cherished beliefs of others. A truly breathtaking decline in civility


Oh yes, indubitably.

But perhaps you have forgotten about the whole of recorded history?
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Apr 03, 2011 2:43 pm    Post subject: Reply with quote

I came across another piece of info on the Quran burning. The Rev put Arabic subtitles on his internet video. This adds to my contention the man was knowingly and deliberately inciting violence. 'Our' radical made it as easy as possible for 'their' radicals to cooperate with him.

Fox said: I seriously doubt the goal of these men was to get people killed,

Obviously I am in no position to know what was in Jones' mind, but given what happened after the Danish cartoons a few years back, the situation in Afghanistan� constant war since at least 1979, a couple of weeks ago those boys out gathering firewood were shot and killed, Karzai made a speech last week demanding that Jones be prevented (thus elevating the issue), that last summer Gen. Petraeus specifically asked Jones not to burn a Quran or violence against American troops would result, and that Jones put Arabic subtitles on his video so Arabs would know what he did, I think it is fair to say that Jones could reasonably expect something like what has resulted. I don't think I'm all that far out on a limb here.

Steelrails has a point: �I also think that given his actions in a wartime context he should be banished by Executive Order to Afghanistan (ala Clement Vallandingham) where he can continue to fight the good fight in the den of his enemies.�

In wartime certain 'rights' can be legitimately limited. We are at war in 3 Moslem countries. Jones' action undercuts our war efforts.

If nothing else, the families of the dead should be assisted in suing Jones for wrongful death or any other charge that could fit. Bleed his (very tiny) organization of every penny they have and ever hope to have.

There is something deeply flawed in the principal of free speech when it can be manipulated to protect murdering people. I can't believe that was ever the intent. Free speech is a bedrock principal of our system, but it has never been absolute. Using free speech in defense of killing people is an abuse. The Supreme Court should find a reasonable way to prevent the abuse.
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Kuros



Joined: 27 Apr 2004

PostPosted: Sun Apr 03, 2011 3:00 pm    Post subject: Reply with quote

Ya-ta Boy wrote:

If nothing else, the families of the dead should be assisted in suing Jones for wrongful death or any other charge that could fit. Bleed his (very tiny) organization of every penny they have and ever hope to have.


It would never get to a jury. The Plaintiffs would lack the proximate causation necessary for liability, and a judge would grant the Defendant's motion for Summary Judgment. The crazy rioting Muslims are an intervening superseding cause.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Apr 03, 2011 3:50 pm    Post subject: Reply with quote

Thanks for the legal opinion, Kuros. Would the judge also force the families to pay the legal costs of Jones?


There's a new developing wrinkle to the story. According to the Daily Telegraph:

Terry Jones, the radical pastor who oversaw the burning of a Koran in his Florida church last month after a mock court hearing, may put the Islamic prophet Mohammed on trial in his next �day of judgement�, he told The Sunday Telegraph.

�It is definitely a consideration to stage a trial on the life of Mohammed in the future,� he said in interview on Saturday.

And then this from ABC News:
Jones said in an interview with ABC News that his burning of the Quran �definitely does prove that there is a radical element of Islam. � I believe the UN needs to stand up to countries like Afghanistan, Pakistan, Muslim-dominated countries. They have been persecuting, killing Christians for generations.�
**
He's playing the victim card. Rolling Eyes

Where are Reginald FitzUrse, Hugh de Morville, William de Tracy, and Richard le Breton when you really need them? Failing that, an enticing FBI agent of the desired gender.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Apr 03, 2011 4:25 pm    Post subject: Reply with quote

Aha!

I knew I couldn't possibly be the only one disturbed by the Rev's actions:

Sen. Lindsey Graham said Congress might need to explore the need to limit some forms of freedom of speech, in light of Tennessee pastor Terry Jones� Quran burning, and how such actions result in enabling U.S. enemies.

"I wish we could find a way to hold people accountable. Free speech is a great idea, but we're in a war," Graham told CBS' Bob Schieffer on �Face the Nation� Sunday.

�During World War II, we had limits on what you could do if it inspired the enemy," Graham said, adding certain speech can �put our troops at risk.�

http://www.newsmax.com/InsideCover/HarryReid-QuranBurning-Afghanistan-/2011/04/03/id/391567
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