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Culture War Roundup for the week of July 15, 2024

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Here is how I try to make the concept of Free Speech coherent, at least for this narrow topic. Free Speech needs to be a graded concept, with levels of speech.

Let us set up a little context. Mr Red-one exercises his first level right to free speech. Mr Blue-two beats up Mr Red-one and boasts about it. Mr Red-one decides to stay quiet. That is a clear infringement of Mr Red-one's right to free speech.

Mr Red-three exercises his first level right to free speech. Mr Blue-four says "You had better shut your trap, or you will get a beating, like Mr Red-one." This is second level speech. Is it covered and protected by the concept of free speech? Mr Red-five makes a public fuss about what Mr Blue-four said, trying to persuade Mr Blue-four's employer to dismiss him. This is third level speech. First level is political policy discussion. Second level is using speech to deprive others of their first level speech rights. Third level is using speech to deprive others of their second level speech rights.

I think it is coherent to say

  • First level good
  • Second level bad
  • Third level good again

Could we say that the first and second level are both good? I see this as the incoherence that @FCfromSSC is concerned about. Some people think that free speech absolutism requires us to uphold second level speech. But that has it backwards. Since second level speech rights trash first level speech rights, upholding second level rights is going soft on free speech. There is a real conflict, but we have to uphold the first level and therefore we must disparage the second level.

What of the complication of saying that the third level is back to being good again? It really is a complication. It might be neater superficially to say that the third level is also bad. But that is to make the mistake of the lazy school teacher who doesn't make the effort to find out who is the bully and who is the victim that hit back. The first level is the one that we are trying to defend, so we object to the second level, but consistency leads to a ripple effect, with the third level good again, least we go soft on our objection to the second level, and end up weak in our defense of the first level.

You have accurately described the problem, but there is no ruleset available to us that can actually enforce correct outcomes in the face of widespread personal bias. Every point in the sequence you describe requires subjective judgement and line-drawing. This can work if you have coherent values, and it won't work if you don't, but it is the coherent values that are the load-bearing element in any case. We might as well be honest and say "We believe speech should be free so long as it isn't too objectionable". That would be both easier to understand and considerably more honest, lacking only the gloss of self-righteous, unearned piety.

This is naked sophistry. Surely your opponents could as easily find supposed examples of Trump engaging in second level speech (uh-oh no-no bad), which would make calling for his assassination third level speech (Real American Defended Free Speech) and trying to get assassination fans fired fourth level speech (??????????).