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Libel and slander would actually be a good model!

1. Requires actual damages. The speech cost you money or demonstrably harmed you in some way. No, "you hurt my feelings" or "I paid with my identity" doesn't count.

2. Both parties have an opportunity to plead their case to a neutral adjudicator. The proceedings are generally public record and there is a process for appeals. The rules governing the system (laws) are public record and citizens have a say in electing the representatives who write those rules.

3. The speech must be not only demonstrably false, but intended to be believed and also be something that reasonable person could possibly believe. Opinions generally do not meet the level of libel or slander.

Yeah, that's not bad. Compare that to Twitter's system where an opaque set of rules are applied inconsistently by an unaccountable party with no appeal process.




That subtle jab at my opinion in the first example is a nice touch (/s) and the rest of your reply completely contradicts the point that demeaning someone is wrong. We need to better tackle punishing misuse of speech as a society.

If you can think back to a time when you have been verbally abused, use that as a model. For some folks, this happens routinely on Twitter and real life (usually for minorities in a group). Nobody said Twitter’s framework is the correct system, but suggesting that demeaning someone is “free speech” has me scratching my head.


Demeaning someone is free speech. It is speech. People are not obligated to like you. They're not even obligated to have a good reason to dislike you. They're allowed to say that they don't like you for whatever stupid reason they have. That's freedom for you. The alternative is worse.


Suggesting the alternative is worse is a straw man.

I can’t say certain things and that’s totally fine. Disliking someone doesn’t mean that demeaning them is necessary. It’s already not legal in the workplace in the US when it is prolonged or severe.[0]

The alternative already exists today and is being applied unevenly globally.[1] I brought up examples of free speech exceptions already. I believe demeaning someone should also be an exception, and yes today that isn’t an exception in the US. Perhaps we need very precise definitions for these concepts to avoid over application, but hate “words” and the like are easy first passes.

0: https://www.eeoc.gov/harassment

1: https://en.m.wikipedia.org/wiki/Freedom_of_speech


That's not what strawman means.

Harassment is not illegal in the criminal sense. It is a cause you can sue people for. That also means it requires evidence and convincing a judge and possibly a jury. Again, there is a due process. It's not at the whim of a corporation. It also requires real damages such as a negative impact to someone's career, not just hurt feelings.

That's the case with all of the exceptions to free speech: there is a tangible, real world impact such as loss of income or risk of physical harm. "Feeling demeaned" is none of those things and is something that anyone can claim about anything. How you feel about something is also a choice. You can choose whether or not to let speech affect you like that.




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