If You Think Free Speech Is Defined By Your Ability To Be An Asshole Without 
Consequence, You Don’t Understand Free Speech (But You Remain An Asshole)

from the free-speech-is-not-that dept
Fri, May 20th 2022 09:33am - Mike Masnick

One of the more frustrating things about the various “debates” regarding “free 
speech” lately, is how little they are actually about free speech. Quite often, 
they are actually about people who are quite upset about having to face social 
consequences for their own free speech. But facing social consequences has 
always been part of free speech. Indeed, it’s part of the vaunted “marketplace 
of ideas.” If people think your ideas aren’t worth shit, they may ignore or 
shun you… or encourage others to do the same.

Over at The Bulwark, Prof. Nicholas Grossman has a really good article 
exploring Elon Musk’s attempt at reframing the debate over free speech. It is 
well worth reading. The crux of the argument that Grossman makes (in great 
detail that you should go read to have it all make sense) is that when you 
break down what Musk actually seems to be thinking about free speech, his 
definition hews quite similarly to what a lot of trolls think free speech 
means: the right to be a total asshole without consequence.

The article highlights what many of us have said before (disclaimer, it does 
link to some of my writing on the subject), that the real underlying question 
is not actually about free speech, but where society should draw the line on 
what is, and what is not, acceptable in public company. And that’s really what 
this is all about. Free speech, as a concept, has to fall back on whether or 
not the government suppresses speech. For all the talk about social 
consequences of free speech, or whether or not there is a “culture of free 
speech” or “principles of free speech,” everyone has some level of internal 
voice that notes what kind of speech they feel goes too far for polite company 
— even if they don’t think such speech should be illegal.

But, then, the question becomes, if there is some speech that I, personally, 
don’t wish to associate with, should others be forced to do so? And that’s 
where the debates over content moderation actually live. In that space that 
says “where should the line be drawn” for what is acceptable and what is not. 
And when you look closely at the actual debate, it always comes down to “I want 
to be a disrespectful asshole to people I don’t like, and I don’t want to face 
any consequences for it.”

As Grossman aptly notes, a private company deciding whether or not to host your 
content, isn’t really a free speech issue at all. Every platform agrees that 
some moderation is necessary. Every platform that has tried to do otherwise, 
changes course, often within days....

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https://www.techdirt.com/2022/05/20/if-you-think-free-speech-is-defined-by-your-ability-to-be-an-asshole-without-consequence-you-dont-understand-free-speech-but-you-remain-an-asshole/

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