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Freedom of speech has been poisoned and we need to reframe it

felipec.substack.com

I've written about freedom of speech extensively in all manner of forums, but the one thing that has become clear to me lately, is that people are genuinely uninterested in the philosophical underpinnings of freedom of speech. Today they would rather quote an XKCD comic, than John Stuart Mill's seminar work On Liberty.

Because of this, I've decided to try to reframe the original notion of freedom of speech, into a term I coined: Open Ideas.

Open Ideas is nothing more than what freedom of speech has always been historically: a philosophical declaration that the open contestation of ideas is the engine of progress that keeps moving society forward.

Today the tyranny of the majority believes freedom of speech is anything but that. They believe that "freedom of speech doesn't mean freedom from consequences", despite the fact that such term came from nowhere, has no author, and in addition all great free speech thinkers argued precisely the opposite. The great thinkers argued that if people are afraid of expressing unpopular opinions, that is functionally the same as government censorship: ideas are suppressed, society stagnates, and progress is halted.

So far I have not yet heard any sound refutation of any of these ideas. All people do is repeat the aforementioned dogmatic slogan with zero philosophical foundation, or mention First Amendment details, which obviously is not equal to freedom of speech.

How is anything I've stated in any way an inaccurate assessment of what is happening?

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it's simply manually coded to prevent people from talking about certain ideas, even between people who both like said idea.

in order to get your idea in front of other people who might line your idea, it has to distribute your message to a proportion of available people who might like it. My point is, this distribution, if it happens, is a bonus. You, or nobody, is entitled to this distribution. People who complain that their reach is getting throttled are complaining that they’re not getting wider distribution, and then complain that their freedom of speech is getting unlawfully restricted. It’s not, because they are not entitled to that distribution in the first place.

The difference between talking outside and online, is that real spaces aren't moderated or owner by other people. The supermarket cannot stop other people from hearing your voice, your local park cannot make you invisible to other people. Your destribution is only hindered by the laws of physics. Imagine if, in real life, you were told "You aren't entitled to use the sidewalk", or "If nobody lets you use your local bridge, maybe you should reflect on your behaviour", or perhaps "Your local water company can refuse to sell you water if your political views do not align with theirs". This is the important difference, which it feels like you're brushing over or not noticing

I’m not brushing over it or not noticing. You’re making completely false equivalencies between publicly owned and privately owned.

Now you might argue that X or YouTube etc should be publicly owned (I.e. commandeered by the state). But thats a completely different argument.

Good thing you bring up those two terms, they're making the difference. I'm saying that the internet is privately owned, and that the fact that real life isn't, is the main reason we have any sort of freedom at all. The rest of the difference is purely mentality. It doesn't feel weird for people to say "We shouldn't allow people on the sex offender registry on our website", and yet, you don't hear of sex offenders being banned from walmart, or blacklisted from electricity companies, and for some reason, this doesn't lead to either company being accused of aiding sex offenders. If we ran the real world like we ran the internet, then you could easily kill people just by making them unpopular. They'd be unable to buy food, to drink water, to find a place to sleep, to get a car, etc, with the argument that anyone who provides a service to criminals are criminals as well. Which is why that idea is insane.

I recall reading that a company should either act like a platform or a service, rather than try to enjoy the advantages of both but admittedly not in dept.

You won’t find me disagreeing that the privately owned internet is a bad thing. Protocols such as SMTP and HTTP are sort of owned by everyone, but log in to Facebook.com and everything you do there (or even, for a long time, everything you do ANYWHERE ON THE INTERNET while your Facebook-logged-in cookie was active) is owned by them. Mass adoption of public social media protocols is long overdue.

If you gave a speech in the liquor isle about the dangers of alcohol, you’d be removed. You’ll also be removed for causing a disturbance. It happens all the time. Homeless people yelling at the voices in their head get kicked out quite often.

But that's because they're being a nuisance. If they spoke about the wonders of alcohol, they'd be removed all the same, so they're not kicked out for being anti-alcohol. I guess we can define "freedom of speech" as unbiased moderation, in short, it's "neutrality". So even with freedom of speech, spam is not allowed, but you can advocate in favor of any ideology as long as you do it in the proper manner.

Another important thing to note is that rights are limited when and only when they conflict with another persons rights. There's a hiarchy of importance, so certain rights overwrite others in certain contexts. This makes it appear as if precise definitions aren't possible with human-related problems like rights, but I still think it is

But if, to take an extreme example, I lock you in a soundproof box in the basement of a castle for spreading incendiary rumours, it seems very peculiar to say, ‘no, you have free speech, I’m just not helping you distribute that speech to others’. I think we agree on that much.

To take a less extreme example, if there are two speakers on Speakers Corner, and I give a giant megaphone to the other one that totally drowns out your voice, that doesn’t exactly seem like free and fair speech either.

In actual real life, there is some level of ‘not helping you distribute your ideas’ that is equivalent to ‘shutting you up’.

It doesn’t maybe mean you have to give big megaphones to everyone, but maybe you do have to give them all a soundproof room and make it known where they are and direct people on request and not actively direct them away.

I think the soundproof room in a dungeon is another false equivalency. But for the sake of a civil argument let’s agree on the loudspeaker question. Do we actually think some people are getting a helping hand through a shiny new loudspeaker, with the twin express aims of promoting their ideas and drowning out ideas someone doesn’t like? Or is it just the case that people whose ideas get more reach have skilfully figured out the content algorithm game?

Personally I think that it’s convenient for some people to claim that they’re being throttled by some nefarious group of actors, rather than build the skills necessary to be more successful in the algorithm.

I think the second reality is much more likely, but that turns down the dial on conspiratorial thinking. Messy reality is scarier than a perception of victimhood, which appeals because it moves the locus of control away from you and me.

TLDR - it’s more attractive for us to believe our freedom of speech is being limited by bad actors than accept that we’re not skilled enough or our ideas aren’t very good.

Do we actually think some people are getting a helping hand through a shiny new loudspeaker, with the twin express aims of promoting their ideas and drowning out ideas someone doesn’t like? Or is it just the case that people whose ideas get more reach have skilfully figured out the content algorithm game?

If you look at any public statements made by Google, pre-acquisition Twitter etc. they are absolutely clear that they are attempting to promote trusted, authoritative sites (as judged by them). There is a reason that google medical searches always route to Healthline and WebMD: ever since the 'Google Medic Update' google has routed medical, financial and disaster-related queries to trusted and usually governmental partners.

Google also engages in strategic banning, throttling and promotion of information:

Tackling misinformation online is an ongoing challenge that Google continues to invest in, including researching novel approaches to the problem. For the past several years, Jigsaw, a unit within Google focused on threats to open societies, has collaborated with researchers from universities of Cambridge and Bristol and American University to study the effectiveness of a tactic called prebunking. While a more commonly known tactic, “debunking” seeks to correct false claims already in popular discourse, prebunking helps individuals build psychological resilience to misleading narratives before they ever encounter them.

Prebunking works by alerting individuals to attempts to manipulate them, along with the false claims or tactics likely to be used to do so, coupled with a thorough refutation of those claims or tactics. The approach is highly flexible and can be adapted to a wide range of media, from a simple billboard to long-form narrative content. Academic research has shown it to be effective against a variety of false narratives, from white supremacist hate speech to COVID vaccine misinformation. In the fall of 2022, Jigsaw ran a large-scale trial of prebunking seeking to counter anti-refugee narratives in Central and Eastern Europe following the mass influx of Ukrainians in the wake of Russia’s invasion of the country.

We will continue to fight this pernicious problem by taking a flexible approach to tackle misinformation across different products, taking action at scale, elevating trustworthy information* and equipping people with skills to detect misinformation.

https://web.archive.org/web/20231001021910/https://safety.google/intl/en_us/stories/fighting-misinformation-online/

Google literally says here that they are promoting some material in order to drown out and make ineffective other material. I can't even say that all of this is wrong, I am not necessarily keen on a laissez faire approach to e.g. selling medical products in all cases. But it is absolutely manipulation of the discourse by promoting favoured voices and banning, shadow-banning or drowning out others.

The Dept. of Health also cites communiques from Facebook, Twitter and TikTok to state that:

Some technology platforms have improved efforts to monitor and address misinformation by reducing the distribution of false or misleading posts and directing users to health information from credible sources

https://www.hhs.gov/sites/default/files/surgeon-general-misinformation-advisory.pdf (page 6)

I can't even say that all of this is wrong

Exactly. Things like the Trusted News Initiative. I don’t like this, and we should not trust every word the mainstream media says, or even trust ANY of it blindly, but it’s a damn right more preferable than loads of far left and far right crackpots producing their own propaganda and all of it being given equal billing with FT, BBC, NYT, Economist etc.

I don’t like this, and we should not trust every word the mainstream media says, or even trust ANY of it blindly, but it’s a damn right more preferable than loads of far left and far right crackpots producing their own propaganda and all of it being given equal billing with FT, BBC, NYT, Economist etc.

Why is it preferable? Because such propaganda might lead to people believing absurdities and following them off a cliff?

To clarify: I’m not saying mainstream media as the only info source is preferable. I’m saying it’s preferable to give preferential visibility to respected media sources, manned by journalists and editors with bona fides and track records of truth-seeking, and with investigative teams given the latitude to do the legwork that real journalistic work entails, over Alex Jones and InfoWars.