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Culture War Roundup for the week of March 16, 2026

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This may be the case, however it is not specific to common vs roman law. You have common law countries like UK or Australia which are significantly easier to misuse. For instance in case of defamation the US has apparently strict standard of proof of malice where burden of proof is on plaintiff. In Australia the burden of proof is on defendant who must prove that what he said was true and they are much more tyrannical when it comes to government officials successfully suing private citizens despite having common law and jury system.

My point is that both systems have pros and cons and they are much more complex. There is not single "EU law" as there is not single common law - see the difference between US or Australia. As people say, shit is complicated.

You seem to be misunderstanding what I am comparing. I am not comparing common law and Roman law. I am comparing America to the rest of the world. Freedom of speech is uniquely an American right that citizens in other countries don't really have.

I'm not even saying America is better in every single way. I'm just saying that America is better when it comes to being able to criticize whatever, whoever, and whenever you want, especially when that criticism is directed towards the government, and especially when the government has unambiguously wronged you. I'm saying free speech is one thing that America (and only America) got right, and this case is a good example of why.

Okay, so US federal government probably employs some CIA precrime unit akin to Minority Report if only one out of 200 prosecuted people is actually innocent. Amazing investigative competence. And now some other bedtime story.

Do you have any actual reasons to doubt the statistics, or is this just vague non-specific irrefutable hand-wavey skepticism?

You seem to be misunderstanding what I am comparing. I am not comparing common law and Roman law. I am comparing America to the rest of the world.

You were arguing for "jury trials", not that USA is best, but fair enough.

I'm just saying that America is better when it comes to being able to criticize whatever, whoever, and whenever you want,

I'm just saying that America is better when it comes to being able to criticize whatever, whoever, and whenever you want, especially when that criticism is directed towards the government, and especially when the government has unambiguously wronged you.

I think this may be the case, it seems that US system as with many systems with jury are uniquely tribal. Jury can be played emotionally and it of course favors citizen vs government as well as poor guy vs rich guy etc. I am not sure if this is justice, but whatever. However I would not be that sure when it comes to free speech. USA also has one thing going against it, which is very workaholic culture. I am EU guy and I worked with and for US corporations and there seems to be unique blending of corporate and private persona, which is not at all usual in Europe.

I participated on harassment training due to working with US colleagues, and the level of outright threats and requirements on the workforce down to details of what can constitute as harassment was shocking not only to me, but also to my colleagues - including our very own HR. BTW many of those things required could be outright illegal in my jurisdiction, like for instance complete ban on any jokes related to protected characteristics - this would be against Freedom of Speech in Germany. The most shocking thing for me was that manager is obliged to report all potentially illegal things happening - the US law turns every manager into little commie spy telling to HR what kind of jokes about age or gender were told - even between two friends in breakroom, otherwise he may be held liable if they "fail to act". In true US fashion many of the most shocking breaches of rights and freedoms were outsourced to private sector. You have a right to tell a joke, but be prepared to get sued and fired.

I will concede that freedoms in the private sector are lacking, especially due to the "it's a private company, they can do whatever they want" argument. Youtube deplatforms a creator for publishing wrongthink? They're a private platform, they can do whatever they want. Twitter does the same? They're a private platform. Patreon drops them? Private platform. However in this regard, the First Amendment (and in particular Section 230) is vital to the platforms that do choose to host free speech, such as the Kiwi Farms.