Hacker Newsnew | comments | show | ask | jobs | submit login

No, you do not understand. You think my problem is that 'many people disagree with [me] on what should be the boundary of free speech.' This is incorrect.

I am not making a normative argument about what the boundaries of free speech should be. Frankly, I don't know exactly where they should be; where many people see boundaries I tend to see a grey area, and my ideas on this tend to shift around a bit. It is much easier to be like Justice Potter Stewart and say 'I know it when I see it' than to identify and articulate some objective standard for what is an isn't acceptable. For mathematical reasons, I'm not altogether sure that it's possible to define such things consistently.

The argument I'm making is not about where I think boundaries should be, but where boundaries actually are, as drawn in different jurisdiction by statute or precedent. Certain kinds of speech are actually illegal even in the US where speech is sheltered by the 1st amendment and the large legal umbrella that provides. It is not legal for you to incite a riot, or utter threats of imminent physical harm, or carry out blackmail, to name but a few examples. There are conduct laws that limit the freedom of speech but which are nonetheless held to be constitutional. The problem I refer to is the invocation of 'free speech' to dismiss complaints about all undesirable speech, inclusive of that which may qualify as criminal.

We don't really know what kind of communications Skud received via email. Some have asserted that it could not have been so bad, on the bases that the blogger did not explicitly complain about it and that the police did not consider they warranted an investigation. This inference is unjustified. First, the blogger might abstain from citing the content of personal emails from fear, humiliation, or strategic reasons; the assumption that she would have taken such content public is just that, an assumption. Secondly, the police might well feel the complaints warranted an investigation, but be unable to proceed for want of actionable evidence. to the extent that MikeeUSA is able to cover his digital tracks using anonymizing protocols (something that Skud might well have explained to the police as part of her complaint), they may decline to proceed because the time and trouble required to obtain that information might exceed available resources; or because the police themselves are a sexist bunch in Australia; or because they know from experience that prosecuting such a crime across international borders is a non-starter and that the danger is too remote to justify the use of the extradition process.

You stated above that you did not see a problem 'beyond "in a society with free speech, some people will speak in ways that others dislike."' But it is a fact that some speech is not merely dislikeable, but criminal (whether or not we agree on whether it should be); and it is a fact that some kinds of criminal activity are difficult to prosecute because they are forensically obscure (eg by using anonymizing protocols to cover one's tracks); and it is a fact that sexual violence is a risk that disproportionately affects women. While we should not assume that 'sextremism + stalking behavior + fact of rape = proof of mikeeUSA's inherent criminality,' because it most certainly does not amount to that, nor should we assume that 'free speech = no cognizable risk' and casually dismiss incitement to violence and focused personal aggression as mere disagreeability.




The problem I refer to is the invocation of 'free speech' to dismiss complaints about all undesirable speech, inclusive of that which may qualify as criminal.

Who has done this? I'd be curious to see which posts you believe do this.

I suspect all you will find is a set of posts which assume MikeeUSA committed no criminal acts. This is the assumption I'm working under, based mainly on the fact that no one has even accused him of doing so.

Perhaps the real problem you have is that the rest of us are assigning a lower probability of guilt (of crimes he has not been accused of) than you are?

-----


When we document what MikeeUSA does, or participating in documenting his emails and actions and talking in public (or possibly in private) about being one of his targets, makes us more his target. It makes us more of a target for other harassers too. It is like declaring a security vulnerability, which then draws more attention and thus attacks. If you have been going around as we have at geekfeminism.org, and asking people if they've been targeted by MikeeUSA, then you'd hear more stories of the reasons people have for not revealing and exposing every incident like this and every detail of it.

Also, when women report harassment, they get a wide range of scrutiny and criticism of every aspect of their life, personality, personal history, looks, and so on. The way they've reported the harassment is always criticized as being too private, too public, not official enough, or overreacting by going through official channels too quickly rather than trying to solve things informally. If you as a man watch a person you know go through this process, as their confidante perhaps, you might see some of these patterns crop up.

It can be disheartening to find that so many harassing incidents, assaults, and rapes go unreported because women don't want to put themselves in a position where they will be subject to even more attack.

To you all it's like a quirky little exercise in logic or something, and you get to have fun with your academic debate over whether harassment really exists or not. You don't have to think, not only will MikeeUSA stick you in his trolly, psychotic, rapey crosshairs on his pedophile message boards, nor do you have to know that you probably have just filtered yourself out of several possible future jobs since someone won't hire you because you are a known troublemaker who might accuse someone of sexual harassment at work. It is so deeply offensive to have you all debate the existence of our oppression while you understand about 1% of its surface. But, obviously, it is a learning experience people need to go through. I just wish that some of you all would bother to listen more, go do some reading, and actually try to educate yourselves in a significant way rather than waiting for the magic feminism fairy to bless you with enlightenment. Cheers!!!

-----


This is an institutional problem, despite your heroic efforts to recast it as an individual one.

-----




Applications are open for YC Winter 2016

Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | DMCA | Apply to YC | Contact

Search: