On Sun, 19 May 2019 at 20:16, Warner Losh wrote:
>
> On Sun, May 19, 2019 at 11:34 AM Igor Mozolevsky wrote:
>>
>> On Sun, 19 May 2019 at 17:54, Warner Losh wrote:

<snip>

>> > Yes. There will always be limits, just like in real life. You can't tell
>> > fire in a theater, and claim freedom of expression, for example.
>>
>> <snip>
>>
>> While that is an often cited example, it is rather tenuous as far as
>> "freedom of expression" is concerned: yelling "Fire!" in a crowded
>> theatre is by no measure an expression of one's views, thoughts, or
>> opinions. At the same time, the invocation of a CoC ctte review is
>> triggered by precisely the latter.
>
>
> It is a difficult problem. The project needs to protect itself and its
> members from harm. Sometimes, though rarely, that harm
> comes from expressing ones views in a way that's so extreme
> it causes real and lasting problems either for the cohesiveness
> of the project, or its effect on the project's reputation is so
> extreme, people can't separate the two and stop using it. There
> needs to be a review mechanism for cases that are extreme.

It's very difficult to subscribe to that view! The first problem you
encounter is "what is an objectively extreme expression"--what is
extreme to one, might be entirely common place to another. I'm sure
whatever religious book one takes there is a passage that goes along
the lines of "judge people by their deeds not by their words"...
Secondly, the greatest legal minds in the US wrangled with that and
came up with one answer: *ANY* expression is protected for otherwise
it would not be "freedom."


>At the same time, reviews are detrimental if they are triggered
> for 'ordinary' conduct: they take time and energy away from
> the project that could otherwise be spent on making things
> better. The trick is to have any such review reflect the broad
> consensus within the project of what's clearly out of bounds,
> as well as having a fair and just response by the board in
> the cases that require some action.


Agreement by consensus is most dangerous, for, usually, the loudest
wins because people with no backbone fall in-line; the best
explanation of democracy I have ever heard was: "two wolves and a
sheep deciding what to have for dinner!"


--
Igor M.
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