OFF: Freeedom of Speech

[Jonathan Jarrett]

On Fri, Feb 10, 2006 at 02:33:48PM +0000, M Holmes typed out:
> Jonathan Jarrett writes:
> > in the word `predictable'.  Especially when you introduce statistics
> > into it.  We can predict, perhaps, or so it could be claimed, that a
> > certain number of people will infringe such rights, so how
> > `predictable' does something need to be before you can legislate?
>
> Enough for 12 folks on the jury to agree that it was only to be
> expected. Stats won't cut it for your, heh, average jury.

        Yes, but we're not talking about juries. You said:

> > > Try me.  I'll certainly give it a go.  Just hold people responsible
> > > for predictable consequences of their speech which are illegal or
> > > harmful.

        If it's to be illegal, so that a jury can be asked to decide any
cases at all, there must be a definition of what can be considered a
predictable consequence. If it's not illegal not to know better, the
notional idiot can't be brought to court. If it's to be illegal to be that
idiotic, some definition of illegal idiocy must be laid down. The weasel
is still safe there for now.

> Doesn't creating that limit actually cause speeding? After all, one
> can't speed where there's no speed limit.

        Certainly it does. Are you retreating to semantics or are you
suggesting that the offence of dangerous driving should be enough to cover
speeding without limits being required?

> > I do agree with your principles here, but I think that so far
> > the opposition has its arguments better marshalled.
>
> Yeah, burning down Embassies is just so, well, eloquent.

        Actions speak louder than words, they say... But The opposition
to free speech doesn't all do that. If we're talking about opposition that
have any arguments at all marshalled, at least. If someone is burning down
embassies they're probably not susceptible to a well-turned point of
debate. Yours,
                Jon

--
        Jonathan Jarrett                Birkbeck College, London
                 jjarrett at chiark.greenend.org.uk
        --------------------------------------------------------
  "The large print giveth and the small print taketh away." (Tom Waits)