Law in Contemporary Society

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FreeSpeechHowwhywhether 10 - 26 Jan 2008 - Main.AndrewGradman
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"Moralists and philosophers in America are not obliged to conceal their opinions under the veil of allegory; but before they venture upon a harsh truth, they say: "We are aware that the people whom we are addressing are too superior to the weaknesses of human nature to lose the command of their temper for an instant. We should not hold this language if we were not speaking to men whom their virtues and their intelligence render more worthy of freedom than all the rest of the world."

"Freedom of opinion does not exist in America." -ADT

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Some people feel that Eben's style of classroom critique suppresses free speech, scares it away. Personally, I disagree. The opportunity cost of free speech in a classroom is that everyone in the room—including the speaker—can't listen to anyone else. A teacher with scarce time ought to judge which of his students' ideas fall below his intellectual standard, and redirect those to a forum where they can be developed, at less cost, to meet that standard.
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Some people worry that Eben's style of classroom critique suppresses free speech, scares it away. Personally, I disagree. The opportunity cost of free speech in a classroom is that everyone in the room—including the speaker—can't listen to anyone else. A teacher with scarce time ought to judge which of his students' ideas fall below his intellectual standard, and redirect those to a forum where they can be developed, at less cost, to meet that standard.
 
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If Eben believes in open information, and this class is about challenging authority, why is the classroom so much more friendly to authority than to challenges? I might ask Eben, but I have a guess: the professor wants us to absorb his opinions ("listen"), so that we can only critique them later—i.e., after thinking—i.e., intelligently. He reserves the TWiki as our forum for that critique. Here I oblige.
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If Eben believes in open information, and this class is about challenging authority, why is the classroom so much more friendly to authority than to challenges? I might ask Eben, but I have a theory: the professor wants us to absorb his opinions ("listen"), so that we can only critique them later—i.e., after thinking—i.e., intelligently. He reserves the TWiki as our forum for that critique. Eben, I oblige.
 The TWiki removes the externality of speaking on listening. Ideas interact here more like J.S. Mill expected them to, more like particles in an ideal gas (i.e. here, when we don't listen, it's because we don't WANT to). It's the best forum for us to hear each other, the safest forum for us to learn from each other, and the LAST asylum for free speech. TWiki has the potential to be our town-hall democracy.

How should we use that potential?

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MichaelBrown reminds me [which I deleted because it was responding to an older draft] that Eben gave us a guiding principle: that the TWiki helps him "evaluate contributions/participation to a degree." I suppose we might infer from this a second principle, that it is supposed to be some kind of learning tool. That's all we've got. Default to anarchy and the rule of the strongest, unless we all agree to be a democracy. We're reenacting Dr. Zimbardo's prison experiment, and now we get to decide what sort of prisoners we'll be.
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MichaelBrown reminds me [which I deleted because it was responding to an older draft] that Eben gave us a guiding principle: the TWiki helps him "evaluate contributions/participation to a degree." I suppose we might infer from this a second principle, that it is supposed to be some kind of learning tool. That's all we've got. Default to anarchy and the rule of the strongest, unless we all agree to be a democracy. We're reenacting Dr. Zimbardo's prison experiment, and now we get to decide what sort of prisoners we'll be.
 
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I say the prisoners should take over this prison. First of all, we all believe in free speech. It makes sense to deny it in class, but not here. Second, it's what Eben would do in our position. He didn't include the rules in the box, but neither does a Ouija Board. Both are remedies for denial; and you win at Ouija by making up the rules; the analogy extends to grades. And even if I'm wrong, and my made-up rules break the HIDDEN rules, we won't hang separately if we all agree to hang together: we're graded on a curve.
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I say the prisoners should take over this prison. It's what Eben would do in our position. He didn't include the class rules in the box, but neither does a Ouija Board. They work the same way. And even if I'm wrong, and my made-up rules break his HIDDEN rules, we won't hang separately if we all agree to hang together: we're graded on a curve.
 
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So, join my revolution! We already have a Constitution.
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So, join my revolution! We already have a Constitution and we're working on a Bill of Rights.
 
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We must protect free speech.

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We must protect free (TWiki) speech.

 
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Not by way of a rule, though. Free Speech is a social function.
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Once we lose free speech here, our asylum from the classroom, we lose it entirely. Therefore this TWiki should be immune from legitimate in-class suppression. If we could do more good to the TWiki than harm to one speaker by suppressing any in class speech that suppresses TWiki speech, then we should sacrifice that piece of speech for the sake of Free Speech, because the premise of the principle in paragraph 1 is to maximize the BENEFITS of discussion, as a SUM of class and TWiki (is everything a fallacy of distribution, or just me?).
 
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AdamCarlis suggested some values. Fortunately, I don't think anyone's violated them yet. But I'd like to add: No Prior Restraint. That includes critiques that deter people from speaking freely. If suppressing those critiques advances free speech, then we should sacrifice a piece for the sake of the whole.
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Free Speech is a social not a legal function. I suspect that Kate and Barb are irrepressible enough, but yesterday's class made me fear for the future Kates and Barbs who will speak neither in class nor on the TWiki. Critiques by Authority Figures in their capacity as Authority Figures (okay, okay, I mean Eben) can be as chilling on our posts as the edicts of Public Authorities. Authority Figures can mobilize laughter, which is a kind of public force. And many of us confuse their descriptive statements for prescriptive ones, since that is what humans do. And many of us can't learn to think like lawyers by learning to argue like lawyers, because we who can't yet argue like lawyers will look stupid when we argue with real lawyers.
 
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In particular, our First Amendment should bar speech by Authority Figures that discourages posts by Inferiority Figures. The opinions of Authority Figures can deter us as much as the edicts of Public Authorities. Authority Figures can mobilize laughter, which is a kind of public force. And many of us confuse their descriptive statements for prescriptive ones, since that is what humans do. And many of us can't learn to think like lawyers by learning to argue like lawyers, because we who can't yet argue like lawyers will look stupid when we argue with those who can.
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How would you guys vote on a First Amendment Plus No Prior Restraints (Except for this one [thanks, DanielHarris]), sanctioning speech by Authority Figures that discourages posts on the TWiki by Inferiority Figures? Eben, we haven't passed the rule yet, so you can opine too!
 
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I am thinking of yesterday's class. Eben—God I'm playing with fire, but I'd be a coward to use the third person—Eben, I am thinking particularly of Barb's post yesterday. I would have liked

Shall we defend free speech on our TWiki, from enemies foreign and domestic? Answer here, or don't answer at all: either will answer my question.

 -- AndrewGradman - 24 Jan 2008
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Eben, please don't deactivate my account.
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Please don't deactivate my account.
 -- AndrewGradman - 25 Jan 2008

Revision 10r10 - 26 Jan 2008 - 02:03:54 - AndrewGradman
Revision 9r9 - 25 Jan 2008 - 23:47:40 - DanielHarris
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