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Two Ways Not To Handle Free Speech
Posted by
kdawson
on Sat Feb 10, 2007 09:32 PM
from the hang-up-or-takedown dept.
from the hang-up-or-takedown dept.
Two stories in the news offer contrasting approaches by Web companies to
questions of free speech. First YouTube: reader skraps notes that the Google
property has recently banned the popular atheist commentator Nick
Gisburne. Gisburne had been posting videos with logical arguments
against Christian beliefs; but when he
turned his attention to Islam (mirror of Gisburne's video by another
user), YouTube pulled the plug, saying: 'After being flagged by members
of the YouTube community, and reviewed by YouTube staff, the video below
has been removed due to its inappropriate nature. Due to your repeated
attempts to upload inappropriate videos, your account now been
permanently disabled, and your videos have been taken down.' Amazon.com
provides a second example of how to react to questions of free speech.
Reader theodp sends along a story in
TheStreet.com about how Amazon hung up
on customers wanting to comment on its continuing practice of
selling animal-fighting magazines. The article notes that issues of free
speech are rarely cut-and-dried, and that Amazon is doing itself no
favors by going
up against the Humane Society.
Update: 02/11 04:25 GMT by KD : updated Nick Gisburne link to new account.
Update: 02/11 04:25 GMT by KD : updated Nick Gisburne link to new account.
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Now wait a little (Score:5, Insightful)
Re:Now wait a little (Score:5, Insightful)
Your link makes it sound as though there's some Church Lady in the back of every Wal-Mart Distribution Center who is bleeping out the F-Bombs on each individual CD that comes her way. And her neighbor with an airbrush, blurring out all the nasty cover art. No, they come to Wal-Mart pre-censored, and not by Wal-Mart executives. If you want to blam someone, blame the artists who are willing to violate their artistic integrity for the sales boost they get from having their albums sold at Wal-Mart.
Don't kid yourself. Amazon doing what they think is best for themselves, as is Wal-Mart.
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Re:Now wait a little (Score:5, Insightful)
Well, no. Amazon can within very broad limits decide what gets said and not on their site. "Free speech" is not a right you have on private property. They could pull most any kind of comments at impunity and your rights would pretty much extend to taking your comment business elsewehere.
Of course, the Human Society is claiming the material is illegal, and if that's true it adds a whole other aspect to the situation - but I don't know enough about whatever laws may apply so I can't comment on that.
More to the point, the Humane Society is not the arbiter of what is legal and not. And Amazon is not the publisher of the material. If the Humane Society has issues with the legality, they should get in contact with the police or a prosecutor, and address the magazine publishers, not Amazon.
They're just using harassment as a way to stop ideas they don't like - which, in the long run, probably harms their cause more than it helps. I'm very much against blood sport, but right now I feel like laying down a bet on a dogfight just to spite these hateful morons.
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Google being evil (Score:5, Insightful)
Freedom of speech is from *GOVT* censorship (Score:5, Insightful)
Re:Freedom of speech is from *GOVT* censorship (Score:5, Interesting)
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Re:Freedom of speech is from *GOVT* censorship (Score:5, Insightful)
Yeah, and that's what the video apparently was doing. I mean, how does showing a sequence of direct quotes from the main religious text--nothing more--amount to "slander, libel, or incitement"?
In fact, the problem here is on the side of the religious nuts: they are offended by any criticism of their religion. Should we limit free speech according to whether the target of criticism is offended? I don't think so.
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Yeah, but (Score:5, Interesting)
Amazon can cut off anyone they wish, so can Google. Google is not obligated to do a damn thing concerning free speech. They can censor anyone they want because they are a corporation, not the government. The law/Constitution isn't going to protect someone from posting in a forum/newsgroup ran by Google. Too bad, that's what you accept when you post in Google's forum/newsgroup; a place owned by essentially a private party.
The only repercussions from something like this (private censorship) is the free market system. Boycott, attention getting, etc. But you can't force them to make them accept your free speech.
Terminology (Score:5, Insightful)
You have to remember this -- there is no guarantee of free speech from any corporation.
That's because everyone perpetually equates "free speech" with "censorship". Censorship CAN be a violation of your right to free speech, but not always- and this case is a perfect example. Others say that censorship cannot be done by a corporation; that's also wrong. Everything you watch on TV is run past network censors. Anything you watch in the movie theater, also (most likely) run past censors.
Youtube's actions are censorship. They are not violation of anyone's "free speech" rights. Nothing stops the gent in question from posting his commentary on his own website, or publishing commentary in any number of forms of other media (for example, printing a booklet or printing a newsletter.) If the government comes knocking on his door and takes his computer and printer and says, "You can't print this, Muslims don't like it", that is a violation of his right to free speech.
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This isn't about free speech idiots (Score:5, Informative)
As for the Amazon case, sure, you have a right to call and complain. Nothing says that Amazon has to actually listen to you.
In the end, these aren't issues of free speech. These are people getting their panties in a knot because someone wouldn't listen to them.
Re:This isn't about free speech idiots (Score:5, Insightful)
In what way, exactly, is Google taking away somebody's rights? Please, I'd like to know.
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Re:This isn't about free speech idiots (Score:5, Insightful)
Exactly what right is a corporation or person taking away from you when it decides to hang up on your phone call? Surely you do not have a right to force someone else to listen to your speech.
Similarly with Youtube. There isn't anything in the Constitution that guarantees you the right to use somebody else's web site, printing press or megaphone to distribute your viewpoint. Such a concept would in fact infringe on other rights under the Fifth Amendment and the Constitional ban on bills of attainder. You can speak all you want - how you get your message to others is YOUR problem, not someone else's just because they have an jim-dandy established distribution channel that you might want to use to put forth your opinion because it would be a lot more work for you to build your own distribution channel.
The founders certainly DID NOT mean to abrogate property rights when they cast the First Amendment. Just because Youtube is a convenient forum you are not suddenly granted an inalienable right to use it however you want irrespective of the rights of the owners. If you want to get your message out there is no guarantee by anyone that they have to pay out (Youtube like any other web site has to pay for the bandwidth it uses) to give you a free ride for your crackpot theories.
Your concept of corporate power holding back your free speach is also ridiculous. Exactly what is Youtube doing that prevents you from setting up your own web site and publicizing it? Nothing.
They had no idea that the internet would put the ability to curtain free speech
Exactly what does the internet do to curtain(sic) free speach? To me it looks like it does exactly the opposite. $8.95 for a domain name and $10/month for a hosting package and you can spout off in almost unlimited fashion. In fact never before has it been as easy to get out whatever outlandish idea you might have.
Had they known that, I suspect rather strongly that they would have phrased the Bill of Rights differently.
In exactly what way? Even in the days of the Founders channels of distribution like the press were owned by individuals. In fact since such channels were more limited than what we have now it was much harder to get an idea out without significant financial backing.
The rights of corporations are secondary to the rights of individuals.
Poppycock. The two are exaactly the same. Corporations are the private property of individuals. By threating the two differently you are depriving these individuals of their property rights without due legal process as guaranteed by the Constitution. Forcing a corporation by law to carry your video is EXACTLY the same thing as forcing Joe Smith to pay a tax that will give you financial support for your package of wacko ideas. The idea is totally unacceptable and contrary to all basic ideas of life in modern society.
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WTF? A new minor majority (Score:5, Insightful)
OK, I think I get the gist of the OP but let me see if I get this straight.
You can make a movie called White Guys can't Jump but you can't make a movie called Black Guys can't swim (fill in swim with whatever).
You can make "logical arguments" against Christianity. You can even make jokes about the religion and it's Members.
But as soon as you breath a word against the Muslims you are silenced.
We have a new minority in America. It's call the muslims. Please, if you are a male white American, add to your list of people not to offend: the Muslims. But remember, anyone can publicly deride the whites, males, christians but never speak ill of the jews, muslims, blacks (oh shit! sorry -- African American), mexicans, or anyone else who didn't have an ancestoral basis in North Western Europe along the paternal lines of the family tree.
It's getting kind of crazy around here with all the people who are demanding both freedom of speech and respect for their own beliefs.
It's the Hypocrisy (Score:5, Insightful)
I can tell you: Christianity is used to being harrassed, and Christianity has shown itself to be nothing, if not resilient to this kind of thing. Whereas Islam is extremely poor at handling criticism; you might find yourself dead, burned, having some bizarre rushdie-like death sentence on you, or being chased by a bunch of brainwashed muslims.
So no, you CAN'T make fun of Islam or point out the stupidity of living 14th century dogma in the 21st century.
It's telling too, because a confident religion doesn't care what is said about it. Witness what's been said about Christianity! No, it's only a scared religion which reacts poorly to criticism - and the main reason (I maintain) is because even "devout" Muslims KNOW that what they've been told is a load of stinking horse shit, but it is impossible to speak out against it.
Loud voices openly criticising Islam might start the tide against Islam, and that would result in the modernisation of that religion, and those who currently hold the power in Islam would see their power vanish almost instantly. So this issue continues to be about the power Islam wields over women, and other people. It's certainly got nothing to do with religion per se, in my view.
Criticism of religion is a time-honoured right. (Score:5, Insightful)
It is our RIGHT to criticize ANY religion, be it in the spirit of Martin Luther, or in the spirit of Frederick Neitzche. It doesn't matter.
Now, to ban a man for making a video of quotes from a book, simply the quotes, and calling that "inappropriate hate speech", that is a fucking travesty, and a symptom of everything that's wrong with giving certain groups special treatment. It may not be a violation of any of his rights, since Youtube is a private entity, but it's still a bitter pill to swallow. A man has been silenced because quoting from a book was deemed "inappropriate".
I suppose nobody at Youtube figured that, if the quotes are inappropriate, maybe it's the author(s) of the book itself that should be blamed, and not the messenger. No, truth takes a back seat to making damned sure nobody could possibly be offended by anything.
Re:Religion (Score:5, Insightful)
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Re:Religion (Score:5, Funny)
It can't be that hard, there are plenty of made up religions that have protected status standing. I mean if Science Fiction writers can make up religions, why can Slashdotters?
How about making up a religion called Objectivity? You can have the Church of Objectivity, the members would be Objectivists, and the main tenant would be that to get to Heaven you must point out the failings of other religions.
You can tell people that this is the Word of God, because he told me so. (We were having lunch one day, at Hooters. He hadn't been here for a while, and He actually snorted milkshake out of his nose when I described to him the current dogma and beliefs of the predominant religions of the world.)
Yea, it is written, let it be so. Amen.
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Re:Religion (Score:5, Funny)
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Re:Religion (Score:5, Insightful)
Sometimes it's political correctness, sometimes it's fear for your safety.
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Re:Unfortunately, this isn't unique... (Score:5, Insightful)
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Re:Religion (Score:5, Informative)
For example, one of the slides at 5:06 references Sura 28:62-64. In my copy of (Yusuf Ali translation) the Quran, it is apparent that Gisbourne went ahead and helpfully replaced "them" with "Christians". Looking at the passage, it doesn't even appear to me that this is a correct paraphrase since I think Muhammad was addressing polytheists, not Christians. But I'm not an expert, so I don't know. Either way, Gisbourne made a logic jump there.
I'm just refuting any claim that these are "quotes".
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Quran Translations vary widely (Score:5, Informative)
Here are some other translations of that same verse (Al-Qasas 28:62):
Khalifa: The day will come when He calls upon them, saying, "Where are those idols you had set up beside Me?"
Pickthall: On the day when He will call unto them and say: Where are My partners whom ye imagined?
Shakir: And on the day when He will call them and say: Where are those whom you deemed to be My associates?
Sher Ali: And on that day HE will call to them, and say, `Where are those whom you allege to be my associates?'
Yusuf Ali: That Day (God) will call to them, and say "Where are my 'partners'?- whom ye imagined (to be such)?"
Transliteration: Wayawma yunadeehim fayaqoolu ayna shuraka-iya allatheena kuntum tazAAumoona
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Re:It wasn't religion, it was Islam; (Score:5, Funny)
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Re:Other arguments against Christians. (Score:5, Informative)
That video is about Mormons, not Christians. It's true that Mormons claim to be Christians, but that claim is very controversial and is not accepted by most of mainstream Christianity. There are literally thousands of different Christian groups, and to some extent they all reject some of the beliefs of others, but most groups accept that most of the others are in fact Christians. The hit rate with Mormonism, however, is very low, in both directions. That is, most Christian groups do not accept Mormonism as a form of Christianity, and Mormonism rejects most other groups as well.
Of course, the question of who gets to define the term "Christian" is a complex one, but if you let the majority of people who apply it to themselves also be the ones who define it, then it probably doesn't include Mormonism.
Also, one other telling difference is that most Christian groups use only the Bible as their sacred text. Mormonism also has the Book of Mormon, which (as I understand it) takes precedence in case the two disagree. The only other major difference between sacred texts within Christianity is over the exact canonization of the books within the Bible. Catholics have a few more than Protestants, and there are a few other differences here and there. But this is a comparatively minor difference: all books that Protestants and Catholics disagree on are from the same historical time period, and the disagreement is really more about authenticity and authorship than anything. If you categorize groups based on what their sacred text is, Mormonism has about as much similarity to Christianity as Islam has.
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Re:Other arguments against Christians. (Score:5, Informative)
http://www.youtube.com/user/NickGisburne2000 [youtube.com]
The full story is on there. If someone in Slashdot can change the story link to go there, I would appreciate it. Thanks.
Nick Gisburne
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