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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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We should tabboo both "freedom of speech" and your proposed "Open Ideas." The contention in these debates is that we have an obligation to forebear from certain courses of action in response to certain speech acts by others. Almost all the discussion of interest is in: what actions? What speech acts? The First Amendment concerns certain actions and certain speech acts but once we go beyond it things rapidly become murky.

Imagine I have a friend A and one day A shared with me some opinion I consider repugnant. So much so it makes me rethink my friendship with A. I act cooler and more aloof in our interactions. I don't invite A to social events as I once would. Did I breach an obligation to A by these actions? Was I obliged to continue being A's friend? Does it depend on the details of what they said?

Go a step further. I accurately relay A's remark to other individuals who are mutual friends. They decide to end their friendship with A, similarly to me. Did our mutual friends have an obligation to remain friends with A? Did I have an obligation not to relate true information to my friends?

To the extent we may accurately portray A as being our feeling censored, that someone has breached a moral obligation, who did so and how did they do it?

We should tabboo both "freedom of speech" and your proposed "Open Ideas." The contention in these debates is that we have an obligation to forebear from certain courses of action in response to certain speech acts by others.

But humans need words to communicate -- and apparently so do other rational agents. It's nearly imposible to talk about empathy, mass formation psychosis, rent-seeking, woke ideology, frequency illusion, etc. without using these words.

Did I breach an obligation to A by these actions?

That doesn't depend on either freedom of speech or Open Ideas.

Did I breach an obligation to A by these actions?

That doesn't depend on either freedom of speech or Open Ideas.

That sounds like a non-answer, but it helps narrow your opinion down a lot: Your idea of Freedom of Speech and Open Ideas is constrained to a narrow field (everywhere except interpersonal relationships?). I've seen it linked to fully-general ideas of tolerance and non-judgment before, which do apply to things as simple as friendships.

Your idea of Freedom of Speech and Open Ideas is constrained to a narrow field (everywhere except interpersonal relationships?).

No. I believe Open Ideas / Freedom of speech applies to interpersonal relationships as well.

But the reason why you decide to distance yourself from a person matters. If the reason why you personally decided to distance yourself is because you personally find some of his/her views detestable, that's a personal choice. But if the reason is that the tyranny of the majority has decreed that's what everyone should do, that's entirely different.

The key factor is not whether or not you distance yourself. It's what are the consequences for society.

If you make your decision based on personal criteria, it's likely there will be no repercussions to society. But you make it based on societal decrees, it's very likely that other people would do the same, and that would almost certainly blow back on society.

So basically if a social ostracism decision has a potential to affect society, freedom of speech has something to say about it.

This sounds a lot like "any snow flake is free to slide down the mountain, it is the avalanches that are the problem".

Suppose there is a baker who runs an "Aryan Bakery" with a swastika in the logo, which is something which is very permissible from a freedom of speech point of view.

A lot of potential customers would make the personal choice not to do business with him, because they find Nazis repugnant. Most of these people would probably also unfriend anyone whom they saw using a branded bag from that place, which admittedly is a more concerning indirect effect, but imho still fair.

Overton windows are a feature of basically all societies. Liberal societies generally limit the repercussions for speech acts, e.g. they will mostly not put you in jail for speech unless you are directly inciting violence. But unless you are already on the outermost edges of society, it is likely that speech acts outside the Overton window will have some repercussions for you.

This is not always ideal. I am sure that there are good ideas whose adoption took and continues to take longer because most people who had them knew that they were icky ideas, and a significant fraction of their society would consider them a bad person if they voiced them publicly. Atheism, gay rights and embryo selection would all be such examples, from where I stand.

Still, this is unavoidable. There are a lot of sellers in the marketplace of ideas, so that no person can carefully examine all the ideas every vendor has on offer. So people need some heuristics. And one such heuristic is "if someone promotes what seems to be a terrible idea, you should adjust your estimate of their average idea quality downwards."

This sounds a lot like "any snow flake is free to slide down the mountain, it is the avalanches that are the problem".

Snow flakes are not susceptible to social contagion.

Suppose there is a baker who runs an "Aryan Bakery" with a swastika in the logo, which is something which is very permissible from a freedom of speech point of view.

By making that claim you are proving my point.

An Aryan Bakery has nothing to do with Open Ideas, because there's no idea being expressed or defended.

Therefore it has nothing to do with the reasoning behind freedom of speech, which was all about ideas that could potentially benefit society.

The fact that you believe an Aryan Bakery has anything to do with actual freedom of speech shows the need for Open Ideas.

Snow flakes are not susceptible to social contagion.

An avalanche seems very similar to to a social contagion that snowflakes are susceptible to, if we're accepting metaphors in the first place.

An Aryan Bakery has nothing to do with Open Ideas, because there's no idea being expressed or defended.

"Swastikas are cool" isn't an idea? "I stand with the people who use the Swastika as a symbol" isn't an idea? Where would you get the idea that abstract symbols aren't routinely freighted with meaning by humans, and thus used to communicate ideas?

The fact that you believe an Aryan Bakery has anything to do with actual freedom of speech shows the need for Open Ideas.

How so? what's the argument?

"Swastikas are cool" isn't an idea?

Nobody is expressing that idea. You are making an unwarranted assumption. Inanimate objects are incapable of defending an idea, which was the whole point of freedom of speech. Not just to be able to state an idea, but be able to defend it in open debate.

How do you propose a flag can defend an idea?

Moreover, I can put a flag in my store for trolling purposes, or just as a freedom of speech prop. Why are you assuming intent from inanimate objects?

Nobody is expressing that idea. You are making an unwarranted assumption.

Most of human communication operates through these sorts of assumptions. Why would they be unwarranted? Are books not inanimate objects? Are letters and the written words we assemble out of them not inanimate objects? When someone waves a rainbow flag or a hammer and sickle flag, Are they not specifically inviting everyone watching to infer their message? If not, why wave the flag? And sure, this can be abused by assuming a message that was not the signaler's actual intent... and yet, flags exist as a tool of communication because such malicious interpretation is orders of magnitude less effective than the primary signal.

If your standards of rigor are that communication should be happening with no assumptions being made either way, I'll note that no actual human communication works or has ever worked this way.

Not just to be able to state an idea, but be able to defend it in open debate.

Can a book defend its ideas in open debate? I mean, sort of. It seems to me that a flag can as well. Who's invoking the message and its associations, and how?

Moreover, I can put a flag in my store for trolling purposes, or just as a freedom of speech prop. Why are you assuming intent from inanimate objects?

I'm not assuming, I'm inferring. Inference is a necessary and irreducible part of human communication, which is necessarily lossy, compressed, and unreliable in the best of times.