Free Speech and (Big Tech) Censorship Thread

Abhorsen

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Osaul
The ADL has been extorting people and exerting torturous interference. They should be subjected to consequences too.
... I haven't said they shouldn't be. I'm just saying they should have free speech rights? And I've said I'm unsure of the interactions between tortious interference and free speech, that's all.

ITT we see the AnCap Libertarian defense of extortionist practices under 1st Amendment grounds.

After all, scammer have a right to grift you, and if you try to silence them or fight back at limiting the harm they can do, you become the bad guy.
... I never said that, and I've repeatedly said that deception/coercion is aggression, but sure, lie about what I said to justify your crazy notions.
 

Morphic Tide

Well-known member
... I haven't said they shouldn't be. I'm just saying they should have free speech rights?
The point being made is that the "free speech" is very directly the methodology of suppressing political opponents with spurious accusations of antisemitism and racism, by using these accusations to dissuade business partners such as advertisers and retailers. "The only coercion" is words, but the response to those words is so utterly consistent and widespread that it is trivially demonstrated to inflict significant financial damage over baseless accusations if not demonstrable falsehoods.
 

Abhorsen

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The point being made is that the "free speech" is very directly the methodology of suppressing political opponents with spurious accusations of antisemitism and racism, by using these accusations to dissuade business partners such as advertisers and retailers. "The only coercion" is words, but the response to those words is so utterly consistent and widespread that it is trivially demonstrated to inflict significant financial damage over baseless accusations if not demonstrable falsehoods.
Yes. And it causes harm. But if we limit someone's speech of an opinion because it causes financial harm, where does that end? And how long until the next Dick's Sporting Goods sues a group organizing a boycott for not selling guns anymore?

I presume that the current definition of tortious interference deals with that. But if it doesn't, and it's a 1A issue, then the ADL would win even more by losing. Yes, the boot might step on bad people. But it mostly steps on you. Don't make it bigger.
 

Morphic Tide

Well-known member
But if we limit someone's speech of an opinion because it causes financial harm, where does that end?
The active, specific, publicly declared point of the organization as a whole is this behavior. The specific case in question had them try to talk Musk into doing such things on their behalf expressly without mentioning it to the public. They virtually never do this with any meaningful evidence, it's only covered by the most abstract "you can vomit any nonsense imaginable" form that is utterly incapable of supporting very basic social norms without comprehensive reliance on "technically not a legal system" honor codes.

The entire reason we have laws in the first place is that social norms do not suffice. You cannot leave room for systematic distortion of the market and public discourse like this. At this level of warping what's "acceptable" by "mere words", tapdancing on the line of rights like the RICO act is the bare minimum response.
 

Abhorsen

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The active, specific, publicly declared point of the organization as a whole is this behavior. The specific case in question had them try to talk Musk into doing such things on their behalf expressly without mentioning it to the public. They virtually never do this with any meaningful evidence, it's only covered by the most abstract "you can vomit any nonsense imaginable" form that is utterly incapable of supporting very basic social norms without comprehensive reliance on "technically not a legal system" honor codes.

The entire reason we have laws in the first place is that social norms do not suffice. You cannot leave room for systematic distortion of the market and public discourse like this. At this level of warping what's "acceptable" by "mere words", tapdancing on the line of rights like the RICO act is the bare minimum response.
Yes. And? Shockingly, freedom isn't free. It has many costs, from soldiers dying, to dealing with people exploiting the rights to do bad things, and we must watch and let them do that.

Because if we crack down, and violate the right because this time its okay (which is absolutely the line I'm against, that people seem to be advocating for), the government will decide that means every time it's okay. They've done this in the past, they will do this in the future. It took 50 years to for the community caretaking exception to be pared down to something normal. Originally about the cops searching a car to remove a known gun while not investigating a crime and happening to find evidence, it was expanded to include warrantless searches and seizures of guns from homes when the cops were called on a wellness check, instead of a crime check. It's only now been somewhat reduced.

If the ADL said only truth or opinions, I don't see a way to separate this from any other boycott legally speaking.

Shockingly, I care more about the 1A protecting people than I do about the ADL's losing a particular lawsuit.
 

Bacle

When the effort is no longer profitable...
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... I never said that, and I've repeatedly said that deception/coercion is aggression, but sure, lie about what I said to justify your crazy notions.
You are going out of your way to try to keep from admitting that what the ADL has done might rise to defamation and such, because you do not like the '1st Amendment implications', and just try to cover your ass by going 'maybe tort'.

I don't give the fuck about the NAP technicalities, do you or do you not think that legally silencing a scammer/extortionist with a defamation suite, as the ADL has become/is acting as and as Musk is doing, is a 1st Amendment threat/issue, as your post are implying?
 

Abhorsen

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You are going out of your way to try to keep from admitting that what the ADL has done might rise to defamation and such, because you do not like the '1st Amendment implications', and just try to cover your ass by going 'maybe tort'.
Wow, again you decide to lie about what I've been saying.
I don't give the fuck about the NAP technicalities, do you or do you not think that legally silencing a scammer/extortionist with a defamation suite, as the ADL has become/is acting as and as Musk is doing, is a 1st Amendment threat/issue, as your post are implying?
I've consistently had no problems with a defamation lawsuit, as I've pointed out before. You know, if you had read what I posted, it might help you not get dumb ideas about what I said in your head (though personally, I think they spontaneous erupt there, like thinking Japan should invade Russia now lol, still the dumbest comment on the website).

I'm not talking about a defamation lawsuit though, which, again, if you read what I wrote in the post literally right above yours, you might have noticed:
If the ADL said only truth or opinions, I don't see a way to separate this from any other boycott legally speaking.
I'm specifically curious about tortious interference, and if it has broader scope on impacted speech than defamation's falsehoods. People immediately decided, because I don't know why, that the solution was that the ADL doesn't get free speech at all, which is a dumbass take. It was so dumb that I was sorta expecting you to show up, and here you are! Making up bullshit and putting words in peoples mouths.
 

Bacle

When the effort is no longer profitable...
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Wow, again you decide to lie about what I've been saying.

I've consistently had no problems with a defamation lawsuit, as I've pointed out before. You know, if you had read what I posted, it might help you not get dumb ideas about what I said in your head (though personally, I think they spontaneous erupt there, like thinking Japan should invade Russia now lol, still the dumbest comment on the website).

I'm not talking about a defamation lawsuit though, which, again, if you read what I wrote in the post literally right above yours, you might have noticed:
Yes, I didn't see that before I made that post, you are correct in that regard.
I'm specifically curious about tortious interference, and if it has broader scope on impacted speech than defamation's falsehoods. People immediately decided, because I don't know why, that the solution was that the ADL doesn't get free speech at all, which is a dumbass take. It was so dumb that I was sorta expecting you to show up, and here you are! Making up bullshit and putting words in peoples mouths.
As I said I didn't see it before.

However you are ignoring the direct evidence of the ADL pressuring advertisers 'even if the information/claim of anti-semitism/hate speech is inaccurate' so what you said is isdingenious; we already are seeing evidence they did far more than that by willingly working off inaccurate information in their pressure for advertisers to 'pause' on the site.

The ADL is engaging in what amounts to a protection scheme against both advertisers and X/Twitter, and you initially acted like protecting the ADL from the implications of their willingness to use inaccurate info to pressure advertisers because of it's 1st Amendment implications was the bigger issue, and want the tort approach as what seemed like ass covering.

Most people see the protection racquet/scam the ADL has been engaging in for what it blatantly is, and the organization is seemingly been doing this since before Musk bought the place.

This whole thing with teh ADL is frankly not even a 1st Amendment or tort issue, it's a RICO case in the disguise of activism against anti-semitism and hate speech.
 

Abhorsen

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Their protection scheme you put out their is entirely speech though. They are saying X is allowing antisemitism to flourish (which let's assume for sake of argument ends up being an opinion and not directly defamatory, because otherwise we agree. I don't mean legally an opinion, I mean a valid but wrong IMO view of facts.).

If that's the case, the the extortion they are doing is telling advertisers X is bad because they won't stop speech the ADL hates.

Only that's not extortion. That's sharing a bad review of a product. It's just that the ADL (wrongly) has a ton of respect and buy in, so its words carry weight.

Now there's a question of if sharing a bad review of a product with that products business partners a problem? Saying you'll review them badly too if they use the product?

I think that probably should fall under the first amendment. Basically, if you complain about Bud Light to a local bar, and note that you won't come back if they keep stocking it, is that tortious interference? If you say you'll tell your friends about it too?

Personally, I don't know where the line goes legally or ought to go legally (this is a legal/policy question to me, as obviously morally the ADL is in the wrong, I just wonder if its safe to punish them or if the collateral will cause more harm than good).
The ADL is engaging in what amounts to a protection scheme against both advertisers and X/Twitter, and you initially acted like protecting the ADL from the implications of their willingness to use inaccurate info to pressure advertisers because of it's 1st Amendment implications was the bigger issue, and want the tort approach as what seemed like ass covering.
Again, read what I wrote. The initiating post:https://www.kktplaw.com/business-co...us-interference-with-a-business-relationship/
More, he has one of the key elements: actual damages. The big issue will be the opinion part. A lot of stuff is opinion. "Rittenhouse is a murderer"? Opinion. "X has racist stuff"? Opinion. And I could go on.

He does have a chance through through tortious interference:
https://www.kktplaw.com/business-co...us-interference-with-a-business-relationship/
This is what I think he is going for. I don't know how this works with protected speech though, tbh.

In response to a comment about defamation being hard to prove, but him having receipts, I agreed that he had a good shot, but pointed out that he might get harmed by everything being considered opinion, then noted tortious interference might work instead. I then added that I simply don't know how tortious interference works with protected speech.

I immediately get the response that the ADL shouldn't get protected speech, presumably at all, definitely in connection to this lawsuit. Another took up this position as well.
The ADL have acted like a bloody mafia shaking down businesses for protection money. Damn their “protected speech.”
This is what I think is the worst take. Morally, sure, it's fine (which means no, this isn't an NAP argument Bacle). My issue is that legally/policy wise, it's dumb. Because this is how you lose your rights: the government attacks those everyone hates, then creates a loophole, then drives a tank through the loophole.

Look what they did with Douglass Mackey who made a joke about the election date: Conviction and Prison. The loophole? Defrauding people of the right to vote. Sure, it's wrong to actually host a campaign to tell people to vote at the wrong place. But this obviously shouldn't cover a joke about voting from home, but that's how it's used in practice by the government. Because your government hates you, and so don't give them more power to fuck you over.

The fundamental problem isn't that the government overreached and didn't use discretion, because the government always overreaches. The issue is that the law/loophole exists. It's like being mad that a rat shit on a street. The solution is to have less rats on the street, not complain that they aren't house trained.

Hence why I sensibly don't want to give access to more tools to regulate speech to the government. What a bold statement. How controversial.
I was talking about the others talking to you. Obviously. I refuse to believe you didn't realise that from the start. Which means I now consider you to be debating in bad faith.

That the rest of your post is you saying the same damn thing as in your previous posts AGAIN only enforces that conclusion.
I literally pointed out that I had ID'd the wrong problem with another's argument, and changed the argument I made because the previous point I made was lacking. Please read what is posted.
 

Sir 1000

Shitlord
Interesting piece on the adl here🤔

"The ADL operates as a private intelligence agency, sending spies, infiltrators, disruptors, and agents provocateurs into the camps — both Jewish and non-Jewish — of those who disagree with its view of Jewish interests. Also like an intelligence agency, it maintains a huge database containing personal information on politicians, writers, dissidents, activists, publishers, bloggers, and even unaffiliated private citizens so that — should any of these people "get out of line," in the opinion of the ADL — they can be threatened, "exposed," blackmailed, and thus silenced with maximum effectiveness.''
 

The Whispering Monk

Well-known member
Osaul
Interesting piece on the adl here🤔

"The ADL operates as a private intelligence agency, sending spies, infiltrators, disruptors, and agents provocateurs into the camps — both Jewish and non-Jewish — of those who disagree with its view of Jewish interests. Also like an intelligence agency, it maintains a huge database containing personal information on politicians, writers, dissidents, activists, publishers, bloggers, and even unaffiliated private citizens so that — should any of these people "get out of line," in the opinion of the ADL — they can be threatened, "exposed," blackmailed, and thus silenced with maximum effectiveness.''
Not surprised at all, and I'll bet it's not the only place conducting themselves like this.
 

Terthna

Professional Lurker
No. Or you'd lose it too. As you are advocating for people losing speech rights.

Again, the government would judge you to have forfeited it for a million reasons, many false, one true: that you argued that the ADL should lose speech rights. For some reason, most can't grasp the idea that yes, even those people get speech rights. Everyone seems to have their own pet cause that they think should speak. Many are right that if the people they didn't like didn't speak, the world would be better. The problem is the action of making them not speak. This action is done by government, and will be exploited by those in power against those not in power.
By that logic though, it's wrong to arrest a murderer because it would be a violation of their rights.
 

Wargamer08

Well-known member
By that logic though, it's wrong to arrest a murderer because it would be a violation of their rights.
Stereotypical libertarian stance, maximum rights for criminals, zero rights or recourse for the victims. "Why don't the victims of a massively funded and organized sociopolitical attack machine just fight back, it's just words yo. We need to give both sides maximum freedoms."

I for one am totally fine with rules limiting the free speech of large, well funded, lobby groups that themselves attack free speech. In many ways, they are used like other social media companies as proxy for a government that is constrained from consoring citizens directly.

The more legal loopholes, worry of bad precident stand in the way of obvious bad actors being dealt with, the more flattening the country to get the devil seems like a fine idea.
 

Wargamer08

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This is the great problem of liberalism, alongside its tolerance of intolerance. It is much too universal for its own good and tries to apply itself to situations it simply was never meant for.
It works fine in theory, but has little in the way of countermeasures for deliberate bad actors. In my view too much insistence on rights is like too much insistence on safety. It makes the system unworkable and makes people chop at them until it works again. Countries have proven willing to wildly celebrate mass roundups and abuse of criminals in the name restoring order.

Out of control crime in cities and countries isn't solely caused by an excess of criminal rights, but it certainly is one part of it.
 

Abhorsen

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The more legal loopholes, worry of bad precident stand in the way of obvious bad actors being dealt with, the more flattening the country to get the devil seems like a fine idea.
The reason you don't flatten the country to get to the devil is because then the devil can get to you.

What you utterly fail to realize is that any weapon used against big groups will be used twice as hard against the little guy.

Also, again, I'm not arguing this as a moral point (the ADL morally deserves everything bad for hating free speech and trying to stop it). I'm arguing that as a public policy/legal manner, I know that any win vs a big group will immediately extend to attack the little guy.

Which neatly explains the next point:
By that logic though, it's wrong to arrest a murderer because it would be a violation of their rights.
It isn't a violation of rights, unless you threw him in jail permanently without trial or something. On the legal level, you don't have a right to never be jailed, you have a right to not be jailed without due process, a jury trial, etc.

It works fine in theory, but has little in the way of countermeasures for deliberate bad actors. In my view too much insistence on rights is like too much insistence on safety. It makes the system unworkable and makes people chop at them until it works again. Countries have proven willing to wildly celebrate mass roundups and abuse of criminals in the name restoring order.

Out of control crime in cities and countries isn't solely caused by an excess of criminal rights, but it certainly is one part of it.
Without the rights, you end up with government in control of everything, and arresting innocents. It's a lot harder to resist that than criminals, outside of a failed state.

Governments have killed far more of their own people than crime.
 

Wargamer08

Well-known member
The reason you don't flatten the country to get to the devil is because then the devil can get to you.

What you utterly fail to realize is that any weapon used against big groups will be used twice as hard against the little guy.

Also, again, I'm not arguing this as a moral point (the ADL morally deserves everything bad for hating free speech and trying to stop it). I'm arguing that as a public policy/legal manner, I know that any win vs a big group will immediately extend to attack the little guy.

Which neatly explains the next point:

It isn't a violation of rights, unless you threw him in jail permanently without trial or something. On the legal level, you don't have a right to never be jailed, you have a right to not be jailed without due process, a jury trial, etc.


Without the rights, you end up with government in control of everything, and arresting innocents. It's a lot harder to resist that than criminals, outside of a failed state.

Governments have killed far more of their own people than crime.
Out of control crime is how you get authoritarianism. The average person doesn't care about ideal laws and freedoms after they get beaten and robbed. They cheer on the jackboots that come. Excessive criminal rights for protected classes and gulags for political enemies is what's going on right now. 20 years for being part of a protest that zero government employees died at.
 

Cherico

Well-known member
Out of control crime is how you get authoritarianism. The average person doesn't care about ideal laws and freedoms after they get beaten and robbed. They cheer on the jackboots that come. Excessive criminal rights for protected classes and gulags for political enemies is what's going on right now. 20 years for being part of a protest that zero government employees died at.
It's useless to say if you do x the enemy will do y when the enemy has been doing y to you for over a decade.
 

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