Newsday Editor: Carve Hate Speech Out Of First Amendment, Hold Websites Responsible If Users Post Hate Speech

from the this-is-a-newspaper-editor dept

Remember back when newspapers were considered the leading defenders of the First Amendment and free speech? Apparently that's over. Newsday (the newspaper I grew up reading) has an editorial up by Anne Michaud (the publication's "interactive editor") in which she argues for a dismantling of the First Amendment when it comes to "hate speech." These kinds of arguments have become popular again lately (in fact, many in the US seem to think that hate speech is already not protected under the First Amendment). Michaud's piece starts out by highlighting how she, herself, explored the white supremacist world a few years ago:
Years ago, I took a journalistic excursion through the nation's white supremacist scene. I read books and spoke with professors, attended rallies with Aryan Nations members and Keystone Skinheads and interviewed their leaders....

When I heard about Dylann Roof, I suspected that he had trod the same path.
And yet... Michaud did not become a white supremacist. She did not become a racist. She did not post racist, hateful things on websites, nor did she go and kill nine people solely based on the color of their skin. Perhaps, just perhaps, there was more to Dylann Roof's racist hatred than the fact that he could surf some ignorant, hateful websites. But Michaud does not consider that. Instead, she argues not just that we should carve hate speech out of the First Amendment, but that websites should be held responsible if their users post such hate speech:
We should consider whether people who run such websites bear some responsibility for the nine dead at Charleston's Emanuel African Methodist Episcopal Church. It would be difficult, but perhaps we should carve out an exception to our First Amendment protection of free speech to hold people accountable for hate speech.
I can totally understand the emotional appeal of such a "solution." However, it is possible (as I believe) to abhor hate speech itself -- find it horrifying and ignorant -- yet at the same time worry about the implications of trying to carve it out of the First Amendment, and to undermine intermediary liability at the same time.

First, defining hate speech is not nearly as easy as some people like to believe. People think it's easy -- in the "I know when I see it" kind of way, but inevitably it becomes quite the slippery slope and turns into "people saying mean things." In political discourse, for example, it is not uncommon for people opposed to this or that political party to gleefully describe their hatred of members of that party. I find this to be silly and counterproductive, but should it be a crime? Should political websites that encourage comments attacking the opposing political party be held legally liable for such "hate speech?" Once you give an exception to "hate speech," you only open a huge can of worms as people look to use that exception as a way to stifle and censor all kinds of speech they dislike.

Remember that parody of an anti-hate speech rant we wrote about a few months ago (which some still insist was not a parody but the actual beliefs of some people)? Whether it was a parody or the earnest feelings of someone, it shows how quickly things can morph from "hate speech" into really gray areas -- including political speech and just general opinions.

But here's the bigger issue that no one seems to discuss: outlawing "hate speech" doesn't make it go away. It doesn't make people stop feeling hate. Hate speech tends to be the product of ignorance, and making the ignorant feel persecuted and outcast doesn't tend to lead them to suddenly getting educated. It tends to lead them to even greater resentment, and often a belief that they must be on the right track, since people are trying so hard to shut them up. You combat hate speech with more speech, not by censoring speech.

People say horrible things. Things we absolutely disapprove of and disagree with. But they have the right to say those things, and others have the right to speak out against them, to highlight the ignorance, and even to shame and expose the ignorance itself. Shoving it down into the darkness and pretending that you've somehow "dealt with" the problem doesn't help. These people still believe what they believe. Hiding it in the dark doesn't change that. If this country really wants to confront racism and hatred, making it illegal for people to express their beliefs (no matter how ridiculous) doesn't fix anything. It just hides the real problems and lets them fester. You need to expose hatred, ignorance and bias if you're going to confront it. Yet, Michaud and others want to sweep it under the rug.

And, of course, Michaud uses the usual tropes against free speech, including pointing out that there are some existing exceptions to the First Amendment, so there should be no problem adding more:
In the United States, we prize our freedom to speak, but in fact our laws uphold many limits. Sedition, for example, or advocating force as a way to change the government, is illegal. Threats, defamation, false advertising and profanity on public airwaves are illegal. Companies protect trade secrets, and courts enforce gag orders in legal settlements.
At least she didn't trot out "fire in a crowded theater." However, the fact that she leads with "sedition" is an interesting choice, given the history of the US using laws against sedition to crack down on political speech the government disliked.

It's perfectly reasonable to be angered and horrified at ignorant, racist, bigoted hate speech. It's perfectly reasonable to be concerned about those who spew such idiocy. But it's something else entirely to argue that because you dislike it, others should not be allowed to speak their beliefs. That a newspaper editor would advocate for such things seems particularly bizarre and counterproductive.
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Filed Under: anne michaud, censorship, dylann roof, first amendment, free speech, hate speech
Companies: newsday


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  1. identicon
    RightShark, 29 Jun 2015 @ 9:37am

    Hate Speech exception

    Well, on the plus side, this would knock Fox 'News' off the air.

    link to this | view in thread ]

  2. identicon
    Anonymous Coward, 29 Jun 2015 @ 9:41am

    Who gets to define hate speech? I have a definition.

    People who advocate giving up our constitutional rights are the people who should be in jail.

    link to this | view in thread ]

  3. icon
    Ninja (profile), 29 Jun 2015 @ 9:42am

    Years ago, I took a journalistic excursion through the nation's white supremacist scene.

    And learned nothing it seems.

    We should consider whether people who run such websites bear some responsibility for the nine dead at Charleston's Emanuel African Methodist Episcopal Church.

    We should consider if pieces like what she wrote bear some responsibility in censorship, totalitarianism.

    You combat hate speech with more speech, not by censoring speech.

    You know, nowadays hate speech and 'terroristic speech' is only as successful as the media and a bunch of morons out there allows them to be. As you said, a super effective way to deal with these kinds of stupidity (hate speech/ terrorism) is to show how stupid, ignorant such speech is. You know, make fun of how silly the message is and not necessarily waste time with the messengers.

    link to this | view in thread ]

  4. icon
    That Anonymous Coward (profile), 29 Jun 2015 @ 9:44am

    "Newsday.com now uses Facebook for our comment boards."
    This way we can avoid the liabilities we demand everyone else face.

    Old white woman tells everyone what is best for them, film at 11.

    Its words on the interwebs, not a societal problem.
    Its words on the interwebs, not institutional racism.
    Its words on the interwebs, not parents who spend more time following faux news than raising their children.
    Its words on the interwebs, not talking heads from "news" organizations who reframe everything to suit their use of fear to keep a demographic.
    Its words on the interwebs, not the media.
    Its words on the interwebs, which means I can tell this stupid woman to shut the fuck up.
    Your solution is a feel good piece of bullshit, meant to pander to a demographic, not to actually solve the problem.

    The internet isn't the problem, the problem is the media deciding to create the spin rather than report actual facts without hysteria or slant.

    link to this | view in thread ]

  5. identicon
    Jacob H, 29 Jun 2015 @ 9:54am

    trade secrets?

    Weird that she mentions that companies protect their trade secrets - COMPANIES protect them, the government DOESN'T! If you successfully acquire the recipe for Coca-Cola and distribute it, you haven't committed a crime. That's why they guard those secrets so assiduously - the law doesn't do it for them. They still seem to be doing ok, though...

    link to this | view in thread ]

  6. icon
    That Anonymous Coward (profile), 29 Jun 2015 @ 9:57am

    It occurs to me, as it often does after I've thought more, that she is falling into the new amazing explaination.

    People are not responsible for their own actions, there is always an outside force to blame.

    Words on the internet did it, not the freak who went on a spree.
    Words on the internet did it, not the fact we've taken brownphobia to such a level that young Muslims feel that much more apart from the world that they find support in words online than in society.
    Words on the internet did it, not the parents who paid no attention to the long term plans of their kids to murder a schoolmate to get in with the Slenderman.
    Words on the internet did it, not a community that thought nothing of years of racism & blaming the other for misfortunes that befell them raising someone who didn't learn the value of people who were different.

    Maybe stop blaming the inanimate objects, and put the blame on the people who should face blame for their (in)actions. Stop finding an out, assign responsibility and own up to it. Stop pretending someone made a speech and the problem got solved that one time decades ago.

    link to this | view in thread ]

  7. identicon
    LeftShark, 29 Jun 2015 @ 9:59am

    Re: Hate Speech exception

    CNN should be safe, as long as making up the news on the fly remains legal. Not that it matters; The Onion has more credibility at this point.

    link to this | view in thread ]

  8. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:01am

    In other news....

    While we are redefining what speech is... lets once again redefine non-whites as non-humans, lets use the same logic that got the same results as the Dredd Scott case, and lets just go ahead and say that the US Constitution is just a bunch of recommendations that Government can pick and choose when to follow and when to wipe their asses with.

    “Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.”

    ~Einstein

    There is apparently a LOT of stupidity to pass around.

    link to this | view in thread ]

  9. This comment has been flagged by the community. Click here to show it
    identicon
    Onewhomustpostviator, 29 Jun 2015 @ 10:02am

    Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    First, recognizing that society is ALWAYS on a slippery slope removes most of his hand-wringing. Arguing over where is the line is always useful so there's slipping.

    2nd, Masnick claims to be against ANY restrictions on speech, but that doesn't relieve (commercial) intermediaries of responsibility to make SOME effort to NOT spread obviously hateful messages.

    3rd, LIKE EVERYONE, Masnick / Techdirt are good at preaching, short on tolerance when they're directly affected. Case in point, as always, is that my comments, mere bits of text well within common law and common decency, are censored here. -- Oh, here come the excuses: it's a private site -- no, it's got a box for public comment. -- And so on, familiar to all regulars. Bottom line is: they have the ability to hide my comments and use it often.

    SO, in retaliation to point up hypocrisy, I'll just show hate speech HERE that not only passed without comment from Masnick, but HE HIRED THE WRITER:
    http://www.techdirt.com/articles/20110621/16071614792/misconceptions-free-abound-why-do-brain s-stop-zero.shtml#c1869
    There are white people, and then there are ignorant motherfuckers like you....

    link to this | view in thread ]

  10. This comment has been flagged by the community. Click here to show it
    identicon
    Onewhomustpostviator, 29 Jun 2015 @ 10:03am

    Re: Among usual boilerplate, Masnick's only real worry is

    ^^^... so there's LESS slipping.

    link to this | view in thread ]

  11. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:05am

    The Enlightenment is Dead?

    This idea comes from someone else, so I hope I can articulate it as well.

    Freedom of speech only succeeds because people agree with the Enlightenment values that underlie it. That we must be able to be willing to let our ideas be tested with other ideas.

    Now, there are people who are so convinced of their ideas that why would they want to go through the bother of having to defend it? The don't see the point or value of having to listen to what they see as weak or discredited ideas.

    With that mindset it's easy to shut people up.

    link to this | view in thread ]

  12. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:09am

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    Hahahaha you think that's hate speech?

    link to this | view in thread ]

  13. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:11am

    Re: trade secrets?

    Weird that she mentions that companies protect their trade secrets - COMPANIES protect them, the government DOESN'T!
    Nice theory. But bullshit in the real world.

    If you disclose even a moderately influential company's trade secret, the government will investigate you, rough you up, often throw you in jail, and very possibly even convict you.

    Yes, it is tied to campaign contributions and lobbying, and just basically the fact that a large corporation has more power than you. But it's no secret that that's how the government works these days.

    link to this | view in thread ]

  14. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:13am

    Re: The Enlightenment is Dead?

    best to keep it simple.

    Freedom of speech means that you have a right to spew bullshit that other people do not like without fear of reprisal from government.

    You can still be negatively impacted by public opinion which is more than enough punishment for people as it is.

    A TV personality uttering certain words is more doom then a legal battle for them. Public assassination is NO fucking joke!

    link to this | view in thread ]

  15. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:15am

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    No, he is correct as to the state of the law which is solidly against any hate speech exception.

    The reason for not carving out another exception for hate speech is that there is no historical precedent for placing hate speech outside the First Amendment.


    There are narrowly drawn exceptions of defamation (knowingly false statements of and concerning an individual, corporation or organization), incitement to imminent lawless action, obscenity and child pornography (depictions of actual children) but hate speech -- namely speech playing on political, social or religious division is at the core of political disagreement and is therefore entitled to the highest protection afforded political speech.

    This has been settled law for over 50 years.

    link to this | view in thread ]

  16. icon
    Spaceman Spiff (profile), 29 Jun 2015 @ 10:22am

    What could POSSIBLY go wrong?

    Free speech is free speech. If you don't like it, don't listen to it! But DO NOT LIMIT IT! There are, as always, exceptions to this rule. If the speech is an incitement to riot or harm to others, then there are specific laws that limit it. IE, saying "I hate all ... (insert favorite minority here)" is protected under the First Amendment. Saying "Let's kill all ... (insert favorite minority here)" is not, or should not be. Beware the slippery slope!

    link to this | view in thread ]

  17. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:34am

    If you get rid of hate speech from the frredom of speech well you might as well shuit everything down as I am sure that some of you know, anyone can find something hateful in a speech.

    So I guess if we follow the "bimbo's" idea we should all shoot ourselves cause someone will find what you say hateful. I guess that the "bimbo" will be the first victim, as I feel her speech about this is very hateful of my right to speak freely, put the "bimbo" in the stocks

    link to this | view in thread ]

  18. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:35am

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    Mike isn't censoring you.

    The rest of us are.

    link to this | view in thread ]

  19. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:37am

    Re: What could POSSIBLY go wrong?

    If the speech is an incitement to riot or harm to others, then there are specific laws that limit it.

    “The first count of the indictment charged that appellant ‘did unlawfully by word of mouth advocate the necessity, or propriety of crime, violence, or unlawful methods of terrorism as a means of accomplishing political reform . . . .’ ”

                ——per curiam, Brandenburg v Ohio (1969), footnote 3.


    "Whoever shall act in a loud, boisterous or disorderly manner so as to disturb the peace and quiet of any neighborhood or family, by loud or unusual noise, or by tumultuous or offensive behavior, threatening, traducing, quarreling, challenging to fight or fighting, shall be deemed guilty of disorderly conduct, and upon conviction, shall be fined in any sum not exceeding five hundred dollars [$500] to which may be added imprisonment for not to exceed one hundred eighty [180] days."

                ——per curiam, Hess v Indiana (1973), footnote 1.
     

    link to this | view in thread ]

  20. icon
    Mason Wheeler (profile), 29 Jun 2015 @ 10:38am

    Remember that parody of an anti-hate speech rant we wrote about a few months ago (which some still insist was not a parody but the actual beliefs of some people)?

    They call that Poe's Law: it's impossible to distinguish a parody of something extreme from the real thing with any certainty.

    link to this | view in thread ]

  21. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:39am

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    I am not seeing any problem with it. It doesn't even look like hate speech. Only an insult pointed at you. Also, you constantly label everyone that reads this blog as pirates. If an insult is all that it takes as hate speech then you are a shining example of hate speech as I am insulted that you label me a pirate.

    link to this | view in thread ]

  22. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:45am

    Re: trade secrets?

    That isn't true. Trade secrets are protected by the Uniform Trade Secrets Act (except MA, NY and NC) and the Economic Espionage Act of 1996, and were protected under common law in the US since 1837.

    link to this | view in thread ]

  23. icon
    ahow628 (profile), 29 Jun 2015 @ 10:50am

    Hey Newsweek...

    Good luck hiring hundreds of people to review all your comment for hate speech using your already hemorrhaging pile of cash!

    link to this | view in thread ]

  24. icon
    dakre (profile), 29 Jun 2015 @ 10:50am

    What is next?

    So let’s go with her idea and strip out hate speech from the first amendment. Suddenly you are being arrested for an article you wrote about how hate speech should be stripped out because of some hateful people.

    I say that because politicians are either going to add loopholes or leave them in, so others can use it to their advantage. Then claim it was hate speech because it was hateful towards white supremacists. It may not get that bad, but people don't care until they are on the other end of the story. It's sad how many people, companies, and the government agencies don't think of long-term consequences for their actions. Maybe everyone has a severe case of ADD?

    link to this | view in thread ]

  25. identicon
    Anonymous Coward, 29 Jun 2015 @ 10:52am

    Re: Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    It isn't censoring if you can reveal the comment. Censoring would be if you are unable to view the comment.

    link to this | view in thread ]

  26. identicon
    No Shark, 29 Jun 2015 @ 11:05am

    Re: Re: Hate Speech exception

    Credibility in the media?
    LOL
    You've got to be joking.

    link to this | view in thread ]

  27. identicon
    Anonymous Coward, 29 Jun 2015 @ 11:08am

    Re:

    But when the "journalists" are the ones writing the hate speech ...... Fox News, I'm looking at you.

    link to this | view in thread ]

  28. identicon
    Anonymous Coward, 29 Jun 2015 @ 11:10am

    Re:

    Journalism's attempt at plausible dependability - lol
    It's not us, it's the intarwebs!!!1111

    link to this | view in thread ]

  29. icon
    Gwiz (profile), 29 Jun 2015 @ 11:11am

    Re: Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    Mike isn't censoring you. The rest of us are.


    Blue also cannot seem to understand that no one is clicking report in his comments because they wish to "censor" him or because they want to "bury the message" or whatever other tinfoil-hat conspiracy he believes is happening.

    People click report on his comments because they are "trollish" and that is one of the explicit, stated purposes of the report button. (you can hoover over the button for a description)

    link to this | view in thread ]

  30. identicon
    Anonymous Coward, 29 Jun 2015 @ 11:12am

    Re: What could POSSIBLY go wrong?

    It is not necessarily against the law to say "Let's kill all (insert disfavored minority here)." The presumption from the 1st Amendment is that all speech is protected. Per the Supreme Court's recent ruling, there are three factors that must be considered before speech, even like the above, can be restricted:
    1. Is there an apparent ability to carry out the threat?
    2. Is there a clear intent to carry out the threat?
    3. Is there a likelihood of success?

    In most cases, it would be unlikely that the speaker has the ability and intent, and therefore saying this is likely protected (e.g., on the Interwebs). If you're standing in front of a crowd of said minorities with an axe in your hand, it's probably not. Either way, it's probably stupid, unless of course you're Sister Solove - no wait, that was stupid too.

    link to this | view in thread ]

  31. icon
    Gwiz (profile), 29 Jun 2015 @ 11:13am

    Re: Re: Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    (you can hoover over the button for a description)

    Gah. I guess you could use your vacuum cleaner for this, but I really meant "hover".

    link to this | view in thread ]

  32. icon
    That Anonymous Coward (profile), 29 Jun 2015 @ 11:17am

    Re: Re: Re: Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    but sometimes your button is dirty... dirty dirty buttons... ooooohhhh

    link to this | view in thread ]

  33. identicon
    Anonymous Coward, 29 Jun 2015 @ 11:32am

    Never let a serious crisis go to waste

    The road to hell is paved with good intentions.

    link to this | view in thread ]

  34. identicon
    Quiet Lurcker, 29 Jun 2015 @ 11:39am

    Re: Re: What could POSSIBLY go wrong?

    >>...3. is there a likelihood of success?
    4. Even if all three of the above answers are 'No', did you post it on the internet?

    link to this | view in thread ]

  35. identicon
    Anonymous Coward, 29 Jun 2015 @ 11:59am

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    There are white people, and then there are ignorant motherfuckers like you....

    I don't see that as hate speech.

    I see it as an accurate assessment of your level of intelligence.

    link to this | view in thread ]

  36. identicon
    Anonymous Coward, 29 Jun 2015 @ 12:05pm

    If hate speech is illegal.....

    If hate speech is illegal how will I know who I should or should not associate with?

    No one wants to hang out with a closet racist/homophobe/supremist/insert other bad vile thing here

    By allowing hate speech you get it out in the open where it can be delt with instead of brushing it under the rug as if it does not exist.

    link to this | view in thread ]

  37. icon
    DOlz (profile), 29 Jun 2015 @ 12:24pm

    Why banning hate speech is a bad idea

    It’s a lot easier to find the cockroaches when you don’t make them hide under the refrigerator.

    link to this | view in thread ]

  38. identicon
    Anonymous Coward, 29 Jun 2015 @ 12:45pm

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    Freedom of speech does not mean that you can insist that others listen to you.

    link to this | view in thread ]

  39. identicon
    Stosh, 29 Jun 2015 @ 1:05pm

    Re: Hate Speech exception

    Actually since there's always a group ready to portray another group's speech as hateful....all news and political websites would be illegal.

    link to this | view in thread ]

  40. icon
    ottermaton (profile), 29 Jun 2015 @ 1:19pm

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    There's NO point in replying to this asshat. That's why I advocate reporting his comments and all of those who reply to them.

    link to this | view in thread ]

  41. icon
    Get off my cyber-lawn! (profile), 29 Jun 2015 @ 1:44pm

    Newsday article is HATESPEECH to me....

    ban them and the problem just solved itself!

    link to this | view in thread ]

  42. icon
    Get off my cyber-lawn! (profile), 29 Jun 2015 @ 1:51pm

    Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    1) if Mike were to truly censor you he'd just block your stupid ass
    2) it's a good thing that YOU don't get to decide what is actual "hate speech" because you obviously have issues
    3) if it bothers you so greatly then take your ball and go home....or I'll buy you a new one to go home with if you have lost yours

    link to this | view in thread ]

  43. identicon
    Anonymous Coward, 29 Jun 2015 @ 1:55pm

    Let the dead tree die out already

    This article is a perfect example of traditional media publisher's thinking. Why I get my news from new media e-sources rather than yesterdays news via dead tree on porch. The biggest advantage isn't the timliness but quality.

    link to this | view in thread ]

  44. identicon
    Rekrul, 29 Jun 2015 @ 2:02pm

    Sedition, for example, or advocating force as a way to change the government, is illegal.

    Thank goodness that's never happened in this country!

    link to this | view in thread ]

  45. identicon
    Curt Morgan, 29 Jun 2015 @ 2:04pm

    More media brilliance

    Problem with "carving out" hate speech is its definition: Any speech I don't like. There always are wonderful reasons for censorship, yet censorship is ALWAYS a ludicrously bad idea. And, by the way, Charleston is the excepion, not the rule to American violence. Black people are more imperiled by lightning strikes or winning the lottery (there's danger for you) in this country.

    link to this | view in thread ]

  46. identicon
    Anonymous Coward, 29 Jun 2015 @ 2:26pm

    Re:

    Sedition, for example, or advocating force as a way to change the government, is illegal.
    Thank goodness that's never happened in this country!


    Oregon Code, 1930, §§ 14-3110-3112 — as amended by chapter 459, Oregon Laws, 1933:

    "Section 14-3110. Criminal syndicalism hereby is defined to be the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution.

    "Section 14-3111. Sabotage hereby is defined to be intentional and unlawful damage, injury or destruction of real or personal property.

    "Section 14-3112. Any person who, by word of mouth or writing, advocates or teaches the doctrine of criminal syndicalism, or sabotage, or who prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any books, pamphlets, paper, hand-bill, poster, document or written or printed matter in any form whatsoever, containing matter advocating criminal syndicalism, or sabotage, or who shall organize or help to organize, or solicit or accept any person to become a member of any society or assemblage of persons which teaches or advocates the doctrine of criminal syndicalism, or sabotage, or any person who shall orally or by writing or by printed matter call together or who shall distribute or circulate written or printed matter calling together or who shall preside at or conduct or assisting conducting any assemblage of persons, or any organization, or any society, or any group which teaches or advocates the doctrine of criminal syndicalism or sabotage is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the state penitentiary for a term of not less than one year nor more than ten years, or by a fine of not more than $1,000, or by both such imprisonment and fine."

                ——De Jonge v Oregon (1937), footnote 1.

    link to this | view in thread ]

  47. icon
    John Fenderson (profile), 29 Jun 2015 @ 2:37pm

    Re: Let the dead tree die out already

    Be careful. There's nothing magical about printing on paper that makes is less likely to be accurate, and there's nothing magical about the internet that makes online reporting more likely to be.

    Your job as a news reader is the same as it has always been: get your news from a variety of sources with different perspectives, think critically, and don't assume things are so just because some "authority" says they are.

    This is the problem: paying attention to the news is actually work. If you don't do the work, you aren't being informed. You're being propagandized.

    link to this | view in thread ]

  48. identicon
    Anonymous Coward, 29 Jun 2015 @ 4:14pm

    Re: Re: Let the dead tree die out already

    All true and I have read good articles on paper and loads of junk online. However it seems that over time all of the presses have been aquired to push one adgenda or another. While on the Internet there are seemingly infinte digital presses and they can't all be aquired. It always takes comparision, logic and research to strip the opinion/spin and get the facts out of the news.

    link to this | view in thread ]

  49. identicon
    Anonymous Coward, 29 Jun 2015 @ 5:43pm

    out_of_the_blue enjoys spamming how much he hates due process being enforced.

    link to this | view in thread ]

  50. identicon
    Anonymous Coward, 29 Jun 2015 @ 7:27pm

    No obviously rather than picking and choosing what amendments to tear away, we should abolish the whole constitution. Make the Current president "Dear leader for life" and create a new monarchy from his family line.

    What he says goes and anyone that disagrees gets their head chopped off. We will get to that point sooner rather than later if we only remove bits and pieces from the rights people are granted at the current rate.

    link to this | view in thread ]

  51. icon
    Chronno S. Trigger (profile), 29 Jun 2015 @ 8:03pm

    Re: Re:

    If you're trying to make a point, please do make it. All you're doing is posing rulings and laws unrelated to the comments you're replying to.

    link to this | view in thread ]

  52. identicon
    Anonymous Coward, 29 Jun 2015 @ 9:13pm

    Re: Re: Re:

    I'm so very sorry that you're unable to understand the point.

    link to this | view in thread ]

  53. icon
    nasch (profile), 30 Jun 2015 @ 7:12am

    Re:

    Thank goodness that's never happened in this country!

    True. There was a notable example in Britain a while back though. ;-)

    link to this | view in thread ]

  54. identicon
    JK Jones, 30 Jun 2015 @ 7:35am

    hate speach

    fascism
    The only official definition of Fascism comes from Benito Mussolini, the founder of fascism, in which he outlines three principles of a fascist philosophy.
    1."Everything in the state". The Government is supreme and the country is all-encompasing, and all within it must conform to the ruling body, often a dictator.
    2."Nothing outside the state". The country must grow and the implied goal of any fascist nation is to rule the world, and have every human submit to the government.
    3."Nothing against the state". Any type of questioning the government is not to be tolerated. If you do not see things our way, you are wrong. If you do not agree with the government, you cannot be allowed to live and taint the minds of the rest of the good citizens.

    link to this | view in thread ]

  55. icon
    1stworlder (profile), 30 Jun 2015 @ 11:38am

    Re: Hate Speech exception

    At least we now know how Omar Thornton's 9 white victims would have been covered if race reversed thanks to Charleston. If you hate fox news you would really hate WHITE GIRL BLEED A LOT there are hundreds of black on white/Asian attacks on video that lamestream media would never cover.

    link to this | view in thread ]

  56. icon
    1stworlder (profile), 30 Jun 2015 @ 11:41am

    Re: Re: Re: Among usual boilerplate, Masnick's only real worry is "undermine intermediary liability".

    Yea just like when you tube banns police department's because they show too many black on Asian/white attacks on their accounts. Its not the cops fault not enough Asians/whites commit crimes.

    link to this | view in thread ]

  57. icon
    1stworlder (profile), 30 Jun 2015 @ 11:48am

    Re: Re: Let the dead tree die out already

    We can look at hundreds of videos of black on white crime and see unedited videos on the internet. Lamestream was still staying Gentle Mike Brown was doing gods works a week after reality news showed the video of him robbing a liquor store and beating up an Asian clerk with all the "hands up" witnesses participating, just 10 min before he was shot.

    Not only did lamestream edit out any physical contact of Gentle Mike with the Asian liquor store clerk but the more important part of the "hands up" witnesses participating when they finally got around to it. Reality news knew Brown's felony crimes from the previous November while lamestream just said he didn't commit any serious felonies.

    link to this | view in thread ]

  58. identicon
    AC, 30 Jun 2015 @ 1:16pm

    Political Correctness

    Take the the time and google 'the origin of political correctness.' It dates back to post WWI, in Germany - You'll likely find it eye opening.

    link to this | view in thread ]

  59. identicon
    Duncan, 30 Jun 2015 @ 6:33pm

    Responsible for Hate Speech?

    Perhaps we should hold CNN accountable for their inflammatory, deceptive and deliberately provocative coverage of the G. Zimmerman episode. They showed baby pictures of T. Martin, had talking heads spouting racist assumptions as facts ("G. Zimmerman outweighed T. Martin by 100 pounds". etc.), blurred video, blurred pictures, edited audio, and repeated, over and over for weeks on end their B.S. racist narrative; a narrative that was MEANT to motivate and mobilize the extremists on the fringes of both sides while enraging their army of Tube Boobs. The Charleston shooting was a direct result of CNN's deliberately inflammatory,deceptive, provocative racist rant. A act beyond irresponsible--because the violence that it brought upon the people of Charleston was intentional. CNN and the BO administration sacrificed the good Christians in Charleston in order to advance their racist agenda. You want to hols people responsible for their speech? Start in your own social circle.

    link to this | view in thread ]

  60. icon
    nasch (profile), 30 Jun 2015 @ 7:27pm

    Re: Responsible for Hate Speech?

    The Charleston shooting was a direct result of CNN's deliberately inflammatory,deceptive, provocative racist rant.

    You're saying the Charleston shooting in 2015 was a direct result of CNN's coverage of the Treyvon Martin shooting in 2012?

    link to this | view in thread ]

  61. identicon
    Rekrul, 30 Jun 2015 @ 9:32pm

    Re: Re:

    Oregon Code, 1930, §§ 14-3110-3112 — as amended by chapter 459, Oregon Laws, 1933:
    "Section 14-3110. Criminal syndicalism hereby is defined to be the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution."


    I meant thank goodness that the fine, moral, upstanding people of this country have never tried to use violence to force political change or cause a revolution! Can you imagine how horrible that would be? What would the founders of our country think if that were ever to happen?!!

    link to this | view in thread ]

  62. identicon
    Pragmatic, 1 Jul 2015 @ 5:25am

    Re: Re: Hate Speech exception

    It'd be all over Fox.

    link to this | view in thread ]

  63. identicon
    Pragmatic, 1 Jul 2015 @ 5:26am

    Re:

    It's the pressure to get the ratings up that's the problem, TAC. If they weren't so desperately trying to make money it wouldn't be an issue.

    link to this | view in thread ]

  64. identicon
    Pragmatic, 1 Jul 2015 @ 5:30am

    Re: Re: Responsible for Hate Speech?

    He's a racist nutjob. Of course he's saying the Charleston shooting in 2015 was a direct result of CNN's coverage of the Treyvon Martin shooting in 2012.

    link to this | view in thread ]

  65. icon
    M. Alan Thomas II (profile), 4 Jul 2015 @ 1:40pm

    It's also much easier to pretend that a problem no longer exists once you've legislated it into hiding. We shouldn't be helping privileged people pretend that what they can't see doesn't exist.

    link to this | view in thread ]


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