matty wrote on Aug 7
th, 2018 at 2:00pm:
Raven wrote on Aug 5
th, 2018 at 6:47pm:
matty wrote on Aug 4
th, 2018 at 11:27pm:
Raven wrote on Aug 3
rd, 2018 at 4:11pm:
Prime Minister for Canyons wrote on Aug 3
rd, 2018 at 11:57am:
18C as far as I'm concerned doesn't inhibit free speech, it just attaches consequence to free speech before thinking. Which is fair and proper I belive.
That's true, freedom of speech does not mean freedom from consequence.
And 18c is tempered with 18d that provides a virtually bullet proof defense.
You have both just completely contradicted yourself. Freedom of speech means that you can say whatever you want (except the fair case of defamation) without consequence. Consequences means that freedom of speech doesn't exist.
Unfortunately you are incorrect. Freedom of speech simply means the government can not stop you from saying something. It does not mean you can not be held accountable for what you say.
A classic example is that it is illegal to yell "fire!" in a crowded place when there isn't one because someone may get hurt. You have the right to say it but be prepared to accept the consequences.
Even the Land of the Free has place limits on what constitutes free speech. It's why people can be fired from their job for what they say. Take Rosanne Barr, she exercised her right to free speech under the 1st Amendment in a tweet. And then she faced the consequences.
The 1st Amendment says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. It doesn't shield you from criticism or consequences. So if you lose your job, or you are boycotted, banned from an internet community, your free speech rights aren't being violated. It's just that the people listening think you are an a.sshole and they are showing you door.
You seem to be confusing the issue of the literal ability to talk with freedom of speech. Look up the definitions on freedom of speech and an inherent part of it is that it is free from censorhip or punishment.
According to dictionary.com freedom of speech is defined as:
noun
1. The right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence or rebellion, etc.
The Universal Declaration of Human Rights Article 19 states:
"everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the Internationl Covenant on Civil and Political Rights later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals".
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury.
Even the US has placed limitations on freedom of speech.
The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution.
Chaplin's v New Hampshire 1942
Chaplinsky, a Jehovah's Witness, had purportedly told a New Hampshire town marshal who was attempting to prevent him from preaching that he was "a damned racketeer" and "a damned fascist" and was arrested.
The US Supreme Court in a 9-0 decision upheld the arrest and found that:
"There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words--those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality."
It is naive to think a society can function properly if you are not held accountable for your actions or your words.