Law in Contemporary Society

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FreeSpeechHowwhywhether 16 - 01 Feb 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

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.

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?

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.

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.

So, join my revolution! We already have a Constitution and we're working on a Bill of Rights.

We must protect free (TWiki) speech.

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?).

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.

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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1) The TWiki removes the externality of speaking on listening. (caveat: this is wrong.)
2) We're reenacting Dr. Zimbardo's prison experiment, and now we get to decide what sort of prisoners we'll be. (caveat: Eben told us to be "students," not "prisoners")
3) Free Speech is a social not a legal function. A. Laughter is a kind of public force. B. People naturally confuse descriptive statements for prescriptive ones. C. People look stupid arguing with smarter people. (caveat: maybe because it's stupid)
-- AndrewGradman - 01 Feb 2008 (this confession was not extracted by torture.)
 -- AndrewGradman - 24 Jan 2008
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Please don't deactivate my account.

-- AndrewGradman - 25 Jan 2008

 Your ideas of "free speech" and prior restraint are almost completely at odds with mine. Prohibiting "critiques that deter people from speaking freely," if you could do it, would be a prior restraint. The critiques are not restraint--they're speech. Prior restraint would be Eben's deactivating your account or running your posts through a moderation queue.

Eben's critiques probably /chill/ speech to some degree, but they aren't some distinct sort of "anti-speech"--even if our brains occasionally explode at the collision.


Revision 16r16 - 01 Feb 2008 - 15:16:55 - AndrewGradman
Revision 15r15 - 29 Jan 2008 - 14:32:56 - EbenMoglen
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