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Culture War Roundup for the week of November 11, 2024

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The justification for this ruling was that unstable people listened to Jones, right? So Jones is culpable. I don't even agree with prosecution under "incitement of imminent lawless action," it goes against our entire philosophy of law.

It wasn't a prosecution, it was a civil case. Jones isn't going to prison, he is just being bankrupted. (This wouldn't matter if lying was a fundamental right, but there are centuries of SCOTUS precedent that lying is only partially protected by the 1st amendment). Jones never denied defamation (unreasonably making a false negative statement about an identifiable person who is not a public figure, or "maliciously" making a false negative statement about an identifiable person who is a public figure), which has been a well-known limited exclusion from the 1st amendment right to free speech since the founding*, and damages are set to compensate the people he lied about. The only problem here is the general one that America lets civil juries set damages (vs. the criminal approach where the jury decides guilt or innocence and the judge determines the sentences) and if you irritate a jury enough they will award a telephone number even if the actual damage is an order of magnitude less. (There were 20 victim families, and reasonable compensation for the amount of shit Jones put them through would be low-to-mid six figures per family). But the principle that there are some kinds of false speech where the need to protect real individuals from being lied about has to be balanced against the free speech of liars is not particularly controversial.

If people committed crimes based on Jones's lies, the criminals bear full and exclusive criminal responsibility for their own behaviour, as is right and proper. But civil liability for what other people do on your behalf is the default, not the exception.

It's also why, and you can call it wasted rebelliousness, I consider this as absolute moral mandate to call Sandy Hook a hoax.

Though shalt not bear false witness against thy neighbour. Not a morally complicated question given that these lies cause real damage to real people who didn't ask to have their kids shot by a madman.

* I notice that Trump and Musk have both suggested that Sullivan should be reversed, making it easier to sue for defamation. This doesn't stop their supporters considering them champions of free speech. Everyone on both sides of the aisle understands that malicious lies are a special case.