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Posts Tagged ‘chilling effect’

David Bernstein has a fine post where he explains the perils of having ‘reasonable restriction on free speech’ such as hate speech laws:

When I was in law school, advocates of weakening First Amendment protections to restrict “hate speech” pointed to Canada as a shining example of how egregious expression could be banned without threatening freedom of speech more generally. At the time, the Canadian Supreme Court was holding that Holocaust denial and violent, misogynistic pornography are not protected under Canadian constiutitional law. And, really, who wants to defend Holocaust denial and violent pornography? Yet, less than twenty year later, we have Canadian citizens being prosecuted for quoting biblical injunctions against homosexual activity, or for merely reprinting the Danish Mohammed cartoons. (For the latest outrage, see here, courtesy of Instapundit). So the Canadian example hasn’t quite worked out as its prior advocates had anticipated. Instead of being an example of “reasonable” restrictions on freedom of expression, it has become an example of the slippery slope problems inherent in allowing restrictions on freedom of expression based on subjective views of what is sufficiently offensive or problematic to be banned.

I have pointed out the same thing in several old posts. And even leaving aside the slippery-slope argument, there is something fundamentally immoral about censoring someone’s opinions because it is distasteful.

Bernstein’s post also goes into other issues, such as the intrinsic arbitrariness of tribunals that end up enforcing such laws. Read the whole thing.

By now, the most important truth ought to be obvious to all — freedom of speech needs to be absolute in order to mean anything. Thus one cannot have a thing such as a “right to never have your feelings hurt”.

Unfortunately, as Orwell famously said, to see what is one front of one’s nose needs a constant struggle.

So I repeat myself, ad nauseum, for that is all I can do really.

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