JK Rowling has challenged Scotland’s new hate crime law in a series of social media posts - inviting police to arrest her if they believe she has committed an offence.

The Harry Potter author, who lives in Edinburgh, described several transgender women as men, including convicted prisoners, trans activists and other public figures.

She said “freedom of speech and belief” was at an end if accurate description of biological sex was outlawed.

Earlier, Scotland’s first minister Humza Yousaf said the new law would deal with a “rising tide of hatred”.

The Hate Crime and Public Order (Scotland) Act 2021 creates a new crime of “stirring up hatred” relating to age, disability, religion, sexual orientation, transgender identity or being intersex.

Ms Rowling, who has long been a critic of some trans activism, posted on X on the day the new legislation came into force.

  • gapbetweenus@feddit.de
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    8 months ago

    Her opinion on trans folks is shit, but people should not go to jail for shit opinions. Broken clock and stuff.

    • UnrepententProcrastinator@lemmy.ca
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      8 months ago

      It’s more complicated than that. Like saying there is a fire in a theatre when there is none, saying transgender are undercover perverts and a danger to society when it’s not supported by evidence will get people killed. Freedom of speech is great and all but when your lie and put people in danger there should be consequences.

        • gapbetweenus@feddit.de
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          8 months ago

          Sick people are inspired to violence by all kind of thing, are we going to outlaw Catcher in the Rye?

              • saintshenanigans@programming.dev
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                8 months ago

                Yeah there are, but you’ll never be able to stop people from spreading literature, legal or not, so things like catcher and the rye, mice and men, mockingbird, with all of their controversies are great to have in schools to help our children grow into adults who can identify this stuff for what it actually is and not some deranged gospel.

                But then there’s also a ton of other arguments to be made about mental health and all that, when it comes to violent psychos we shouldn’t get in the habit of settling with a scapegoat

                • gapbetweenus@feddit.de
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                  8 months ago

                  Maybe you are misunderstanding me, I’m not arguing for censorship of books but against censorship op speech.

                  • saintshenanigans@programming.dev
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                    8 months ago

                    You originally asked if we were going to suggest banning CATR, my point is mostly these books are great examples to help people identify this language and why it should not be used. If you went into a crowded theater and started shouting there’s a shooter, you’d be arrested for inciting panic. Its not censorship when the point is stopping speech from causing physical harm. Same way your right to travel isn’t infringed by requiring a license to drive

                  • iLoveFishing@lemmy.today
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                    8 months ago

                    You are the only voice of reason in this thread. Free speech is important and laws like this will be abused and used to punish political opponents.

      • Demdaru@lemmy.world
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        8 months ago

        Okay, it’s nth time I see the undercover pervs/rapists about trans folk. The hell happened?

      • gapbetweenus@feddit.de
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        8 months ago

        So who is deciding what opinions are puting people in danger. US government for example thinks that whistleblowers Manning and journalist like Assange are puting people in danger.

    • Patapon Enjoyer@lemmy.world
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      8 months ago

      Have as many opinions as you want, but if you spread shit like “we should exterminate the lesser races” and “trans people are rapists” you earn a vacation at the greybar hotel for abusing your right of free speech to infringe on other people’s rights.

      • gapbetweenus@feddit.de
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        8 months ago

        The question is where the line is drawn and how to make sure the state is not abusing those powers to suppress opinions that it sees dangerous. A good example are cases when protecting the children is used as argument for more surveillance. This seems foelr me to go along the same lines.

        • Red_October@lemmy.world
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          8 months ago

          Sometimes the question of “Where do we draw the line” is an important, valid question that must be considered. Sometimes, the answer to that question can also be “I don’t know precisely, but this is damn well over it.”

          I’m not saying that hack writer is necessarily to that stage, but we absolutely should not allow “But where do you draw the line” to turn into “Everything is permitted because what about splitting hairs.”

          • gapbetweenus@feddit.de
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            8 months ago

            Than I will rephrase the question. Who should draw the line and do you trust people in power to draw it in a fair way? What if conservatives are holding that power against opinions they think are dangerous?

            • FanciestPants@lemmy.world
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              8 months ago

              I’m not totally familiar with how the Scottish legal system works, but wouldn’t the line be drawn by a jury of peers, and not necessarily the people in power?

              • gapbetweenus@feddit.de
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                8 months ago

                Good question. But than again - not sure you want to be judged on sensitive topic by a group of peers, I’m not a huge fan of that concept to be honest.

        • Patapon Enjoyer@lemmy.world
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          8 months ago

          he question is where the line is drawn

          [Calling for the extermination of people based on race/ethnicity/religion/gender/disability]

          [Discrimination based on race/ethnicity/religion/gender/disability]

          |||||||||| THE LINE ||||||||||

          .

          .

          [Literally 1984]

          Most sane countries don’t have a lot trouble with this.

          • gapbetweenus@feddit.de
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            8 months ago

            Calling for extermination, I would agree on. Since it’s more than an opinion it’s a call to action.

            Most sane countries don’t have a lot trouble with this.

            I’m really curious for examples.

    • TheEntity@lemmy.world
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      8 months ago

      People shouldn’t go to jail for shit opinions, I agree. That changes when their opinions become more than opinions.

        • Ashe@lemmy.blahaj.zone
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          8 months ago

          Trans people have literally been murdered as a direct, traceable result of her “free speech”. Several more people have been victims of harassment campaigns. She has actively engaged in Holocaust denial.

          It’s only cryptic because it’s something that requires nuance, and to be addressed on a case by case basis. It’s safe to say that we have crossed the line and then some

    • buddascrayon@lemmy.world
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      8 months ago

      She grossly misinterprets what the law is meant to achieve. It’s not for somebody who dead names a trans person or calls a trans woman he or him. It’s when someone Tweets out “Who will rid me of this troublesome trans person?” and then their one or more of their followers goes out and beats or murders that person.

      • saintshenanigans@programming.dev
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        8 months ago

        I swear every single person arguing against this bill hasn’t read it.

        The gist of it is consolidating existing hate crime laws, adding sexual orientation and gender to the protected classes, repealing the law of blasphemy, and then the main one people are on about, outlawing “inciting hate” and spending several entire pages defining exactly what that means and how its still covered by freedom of expression.

        As you said, you can use the slurs. You can be a shit person.

        What this seems to be addressing is the fact that ANYBODY can have a platform nowadays and some of those people use their platform to harm other people, whether indirectly or not.

      • gapbetweenus@feddit.de
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        8 months ago

        You should maybe read the law.

        Part 2 Section 3, 32: […] It provides that it is an offence for a person to behave in a threatening, abusive or insulting manner, or communicate threatening, abusive or insulting material to another person, with either the intention to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or where it is a likely consequence that hatred will be stirred up against such a group.

        It’s talking about likely consequence not after a crime has been committed. Also:

        Part 2 Section 5, 47: Section 5(1) creates an offence of possession of racially inflammatory material. It provides that it is an offence for a person to have in their possession threatening, abusive or insulting material with a view to communicating the material to another person, with either the intention to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or where it is likely that, if the material were communicated, hatred will be stirred up against such a group.

        Which makes possession of inflammatory material an offence. Which is rather murky on it’s own, but even more so in digital age.

        Later it quite literally defines on which terms it’s permissive to discuss sexual orientation or religion.

        To be fair, maybe I missed something so feel free to correct me:

        https://www.parliament.scot/-/media/files/legislation/bills/s5-bills/hate-crime-and-public-order-scotland-bill/introduced/explanatory-notes-hate-crime-and-public-order-scotland-bill.pdf

        • buddascrayon@lemmy.world
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          8 months ago

          I was using hyperbole but the intention is the same. If you use a public platform to intentionally cause harm to another person by way of their race, nationality, sexual identity, or other specificity then you have committed a crime.

          What you clearly missed was the point of the law. Hate speech isn’t about saying what you want about another person, it’s about using your speech to directly or indirectly harm another person or group of people.

          • gapbetweenus@feddit.de
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            8 months ago

            I was using hyperbole but the intention is the same.

            Sorry I’m bad at reading facial expression over the internet. My mistake.

            What you clearly missed was the point of the law.

            I literally quoted the law: “where it is a likely consequence that hatred will be stirred up against such a group.”

            That goes beyond what you claim. While even a possession of such speech would be an offence.

      • Grandwolf319
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        8 months ago

        Why would that need new laws though? You shouldn’t say anything that gets your follower to beat someone up, regardless who the person is or if they are in a protected class.

    • BreakDecks@lemmy.ml
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      8 months ago

      Hateful ideas can be dangerous things. This is why insulting people in Germany can turn into a criminal offense. They know where that goes if left unchecked.

      Also, remember, not every country is the USA where breaking the law = going to jail. It can just be a fine the first few times and jail only when you show no intent on ceasing what you’re doing.

      JKR is being hyperbolic with this “arrest me” thing. She’s playing the victim for her TERF followers.

      • Flying Squid@lemmy.world
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        8 months ago

        Also, remember, not every country is the USA where breaking the law = going to jail.

        If you’re poor and black, sure.

        Notice how many times Trump has flagrantly broken the law.

      • gapbetweenus@feddit.de
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        8 months ago

        I’m from Germany, the only way insulting someone is going to be a criminal case is if you insult police. Otherwise it gets almost always dropped.

        So you want the government to decide which ideas are ok and which should be banned? How could this ever go wrong.

              • gapbetweenus@feddit.de
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                8 months ago

                And I’m arguing that it’s a bad idea. Germany is a good example, banning holocaust denial did not stop AFD from raising and getting political power. We were not even able to forbid the damn NDP.

                • porous_grey_matter@lemmy.ml
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                  8 months ago

                  That’s not a great argument, there is no evidence those things are somehow connected or not. For all you know it would have been straight back to fascism 60 years earlier if it wasn’t banned. The reason AfD has power is that the courts and government support them and let them get away with crime. If the law was actually applied it would have banned that party.

                  • gapbetweenus@feddit.de
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                    8 months ago

                    So it’s about how a law is applied. And you still don’t see the potential danger of a law regulating speech? Guess we won’t agree on this one.

                    I don’t really see a benefit in people being forced to phrase their hateful opinions in a way to circumvent laws. In the end, Rowling won’t stop spreading her bigoted hateful bullshit - in best case she will just phrase it a bit different, which actually might get some stupid moderates on her side.

      • gapbetweenus@feddit.de
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        8 months ago

        Where you draw the line? And who is drawing it? Will you be equally happy when conservatives will use the same tools against opinions they see as dangerous?

        • seriousconsideration@lemmy.dbzer0.com
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          8 months ago

          The line was drawn by Western governments that all agreed gender identity is a protected group of people. Stop trying to pick apart policies that protect people at the cost of bigots’ freeze peach. Free speech is the ability to criticize your government without going to jail for it. It is not meant to protect your right to trash minorities.

          • gapbetweenus@feddit.de
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            8 months ago

            Free speech is the ability to criticize your government without going to jail for it. It is not meant to protect your right to trash minorities.

            And my point, governments have a history of using such laws in the end to get rid of critics. Sure this time it will be completely different. I would love to share your optimism, but you will have to allow me to remain skeptical.

              • gapbetweenus@feddit.de
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                8 months ago

                I make that point in general, that I don’t trust governments with regulating speech. By the way I’m all in for private platforms regulating speech, would not hang around here otherwise.

              • gapbetweenus@feddit.de
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                8 months ago

                And I don’t trust governments with defining and enforcing those lines, when it comes to speech.

                  • gapbetweenus@feddit.de
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                    8 months ago

                    I don’t think it’s a case of a law protecting weak from the strong. Since that was what I replied to.

                    But it’s a fair question where I draw the line. It’s somewhere with direct and indirect consequences, which is hard to define. I absolutely agree that her speech might have very tangible real consequences to real people from a group she is targeting. But than again it’s due to actions of other people “inspired” by her words. While when shouting fire, you create panic just with your own words. Than again one can definitely incite violent actions through media. But that it is even more complicated since it becomes about intent and interpretation.

            • undergroundoverground@lemmy.world
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              8 months ago

              Please spare the rest of the world with your preaching about the abuse of freezepeach laws. America’s is so much more abused than any other western country, its a joke.

              • gapbetweenus@feddit.de
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                8 months ago

                What do I have to do with USA? USA would be a rather good example why government should not have the power to censor speech.

                • undergroundoverground@lemmy.world
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                  8 months ago

                  Its usually only Americans who are that totalitarian in their presence of protecting freezepeach, thinking we don’t all know what they really want to protect.

                  What speech exactly is it that would be stopped from saying here, that you feel a need to say?

        • Zorsith@lemmy.blahaj.zone
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          8 months ago

          I think the line is being drawn at “don’t sympathize with terrorist groups an opressive theocratic government” (publicly stating “at least the taliban know what a woman is”) and “don’t directly fund hate groups”.

          (Edited, see comment below)

            • seriousconsideration@lemmy.dbzer0.com
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              8 months ago

              Using the Taliban as your source for moral authority is 100% aligning yourself with a terrorist group. Perhaps “sympathizing” isn’t the most accurate word, but are we here to be insufferable pedants or understand the issue?

              • mindbleach
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                8 months ago

                That’s not what “at least” means. It’s saying “even these assholes–”

                  • mindbleach
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                    8 months ago

                    Neither of those is “using them as a source for moral authority” or “aligning herself with” that group.

                    When I say “even Mitch McConnell knows The Idiot is responsible for January 6th,” I still fucking hate Mitch McConnell.

                • seriousconsideration@lemmy.dbzer0.com
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                  8 months ago

                  Can you think of one valid reason why anyone would cite a terrorist organization as a moral authority in anything? Replace the word “Taliban” with “Nazis” and see how it sounds.

          • gapbetweenus@feddit.de
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            8 months ago

            Terrorist for ones are maybe freedom fighters for others - kind of sketchy line over there.

          • AlDente
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            8 months ago

            Is this really what you want? Do you realize those in power may not always share your same idea of wrong-think?

            • seriousconsideration@lemmy.dbzer0.com
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              8 months ago

              Bad faith framing of the issue. OPSEC in critical national security operations is a little different than respecting people’s gender identity. Not even in the same ballpark, it aint even the same sport.

                • seriousconsideration@lemmy.dbzer0.com
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                  8 months ago

                  Or, maybe I got it right when I assumed that you were comparing Assange and Manning leaking information critical to military operations to Trans people not being the target of hate speech?

                  • gapbetweenus@feddit.de
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                    8 months ago

                    Or maybe you got it wrong and that’s not the point I was making?

                    The reasoning used in Assange and Manning case, is that information they made publicly available is endangering peoples lives. That is not unsimilar to the argumentation that hateful speech is endangering people targeted by it.

        • CileTheSane@lemmy.ca
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          8 months ago

          Slippery slope fallacy “You’re okay with the government saying certain ingredients can’t go in food? Where does that stop? Will you be equally happy when a government you disagree with uses the same tools to dictate everything that goes in your food?”

          “You’re okay with the government saying certain areas are off limits to the general public? Where do you draw the line? Will you be equally happy when a different government uses the same tools to forbid you from leaving your home?”

          Is this specific step reasonable? Then it’s okay. When they try to take an unreasonable step then it is appropriate to do something about it.

          • gapbetweenus@feddit.de
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            8 months ago

            My argument is more, that while I trust at least some governments with deciding on what food is safe, I don’t trust governments at all with decisions about what speech is permitted.

            • CileTheSane@lemmy.ca
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              8 months ago

              I don’t trust governments at all with decisions about what speech is permitted.

              Hate crime laws already exist. In Germany it’s illegal to deny to Holocaust. These are good laws. The creation and acceptance of good laws does not necessitate the creation and acceptance of bad laws.

        • mindbleach
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          8 months ago

          “But what if conservatives ape what you’re doing and make shit up?” is an all-purpose argument against doing anything.

          “But what if conservatives call you a terrorist?” is both a real problem that happened to people, and an obviously shite reason to say “therefore let’s not fight terrorism.”

          Stop treating “but who decides?” like a table-slapping counterargument. Every law has a line. Unless you’re an outright anarchist, someone has to draw a line, somewhere, and choosing not to draw a sensible one never seems to stop assholes from drawing an unreasonable one. I mean for fuck’s sake, have you seen American states censoring school libraries for fear of acknowledging queer people? That’s not some backlash or ironic reversal. They’re just bastards. The fact they’ll latch onto whatever we’re doing, as an excuse, doesn’t make us responsible for their bastardry.

          • gapbetweenus@feddit.de
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            8 months ago

            Yeah, so let’s not play their game and not give governments any tools to be able to censor anyone. In best case in some constitutional form.

            • mindbleach
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              8 months ago

              “Yeah, the opposite of what you just argued.”

              Try again.

    • chiliedogg@lemmy.world
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      8 months ago

      Lots of people just don’t know what freedom is speech actually means. Speech isn’t a crime, but crimes can be committed by speaking.

      If you kill someone with a hammer, you aren’t charged with possession of hammer - you’re charged with murder. If you hire a hitman to do the killing instead, you aren’t charged with “using speech.”

      When that theoretical person is arrested for “shouting fire in a crowded theatre” they aren’t actually being arrested for their speech or their words, but for a separate crime that uses speech as a mechanism.

      Speech is a marvelous thing that should be protected, but freedom of speech is not freedom from the consequences of using speech to commit other crimes.

      • Patapon Enjoyer@lemmy.world
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        8 months ago

        I, for one, get angry at big gubment limiting my free spech to call people slurs at home depot just like how I get angry at big government for limiting my god given right to come and go as I please when I break into people’s houses and watch them sleep.

      • zerog_bandit@lemmy.world
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        Can you explain to me then, what exactly is freedom of speech? Yelling fire in a crowded theater isn’t using speech then, it’s assault on other persons by threatening harm. Criticize the government? That’s not freedom of speech, that’s just unlicensed protest. Sing a song protesting a war? You go to jail for treason.

        Freedom of speech absolutely means being free from the government imposing consequences for speech. Yelling fire in a crowded theater comes from Schenck v United States which found that speech must pose a clear and present danger to be able to be held criminally liable for it. And Brandenburg v Ohio narrowed the definition even further, that speech must be “directed to inciting or producing imminent lawless action and is likely to incite or produce such action”.

        Despite our views on JK’s abhorrent rhetoric, you cannot say that mis-gendering trans people is inciting imminent lawlessness.

        Your comment demonstrates a pretty fundamental misunderstanding of the concept of free speech.

        • chiliedogg@lemmy.world
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          8 months ago

          You quoted cases that literally demonstrate my point.

          It’s not the word “fire” that is the crime. It’s speech as a mechanism by which lawlessness or panic is incited.

          Hate-speech is more nuanced, but can follow a similar pattern.

          Take the sentance: “It’s time to cut down the tall trees.” The words themselves are fairly innocuous. But that was the trigger phrase for the Rwandan Genocide. Saying those words on the air was a call to murder all the Tutsi people. Speaking those words on the radio was not an act of free expression by the Interhamwe, but the start of a barbaric hate crime that killed nearly a million people.

          • Grandwolf319
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            8 months ago

            Wel that’s the thing, some people, me included, believe freedom of speech means you can say anything as long as it stays at words and not actions.

            What your describing sounds more like freedom of expression which is what we have in Canada. Your have the right to express yourself as long as that does not infringe on others’ existing freedoms.

          • MacN'Cheezus@lemmy.today
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            8 months ago

            Well, ironically your example here demonstrates just how difficult policing or regulating speech can be, and how it will likely never, ever work.

            How, exactly, would you write a law that captures “it’s time to cut down the tall trees” as an act of hate speech (or a crime in general) while not simultaneously massively infringing on any potential innocent uses of such a phrase?

            If you’ve spent any time on social media, you’ll likely have noticed that if admins simply ban certain words or phrases, the people who want to communicate these words will simply come up with some code using words so innocuous that you cannot ban them without frustrating everyone else and thus tipping them off to the conspiracy, and basically giving it even more exposure thanks to the Streisand effect.

          • zerog_bandit@lemmy.world
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            8 months ago

            It absolutely is the word fire that is the crime and you really need to go back to middle school and take some sort of US legal class. The state of American education system these days…

            • chiliedogg@lemmy.world
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              8 months ago

              No. It isn’t. There’s nothing illegal about the word fire, or even saying it in a theater.

              Go. Find that law and report back if I’m wrong. Give me a citation.

              You know what - fuck it. I’ll do the leg work here and go into the most specific law I can find on the subject. It’s within the Municipal Code of Ordinances Ordinances of the city of Reading, Ohio.

              It sounds promising for you at first because it specifically mentions:

              Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false.

              But that line §648.07(A)(1) only applies as a subsection of §648.07(A), which is:

              (A)   No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

              (1)   Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false.

              (2)   Threatening to commit any offense of violence.

              (3)   Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

              And to further clarify that the crime isn’t the words, §648.07© specifically states:

              Whoever violates this section is guilty of inducing panic.

              Subsection B is about allowing fire drills as an exception.

              So, according to the most-specific law I could find, the crime is inciting panic, not any specific word or phrase. And even if you did shout fire it isn’t a crime unless it actually causes a real panic.

              Also - I highly doubt you’ve taken more law classes than me. Just a hunch though: maybe you’re just a bad lawyer.

      • escaped_cruzader@lemmy.world
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        8 months ago

        Speech is a marvelous thing that should be protected, but freedom of speech is not freedom from the consequences of using speech to commit other crimes.

        This is peak Reddit, now peak lemmy

        If speech has a price, it’s not free

        • chiliedogg@lemmy.world
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          8 months ago

          Speech used to commit a crime isn’t illegal. The crime being facilitated through that speech is.

          If I assault you with a hammer, it’s not the hammer that’s the issue. Arresting me for it has nothing to do with the legality of hammers.

      • gapbetweenus@feddit.de
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        8 months ago

        Agreed. It just becomes problematic when speech itself is redefined as crime, that is what I’m arguing against. And the the line with the consequences is not that clear either. Someone could read a book and go an kill someone. I personally think it’s a hard thing to really understand consequences of words.

      • gapbetweenus@feddit.de
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        8 months ago

        I disagree with her on pretty much everything, except on the freedom of speech part - even for speech I might personally find disgusting.

      • TheRealKuni@lemmy.world
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        8 months ago

        What she’s saying here probably doesn’t rise to the level of criminality under their law. She’s just doing performative nonsense while proving yet again that she doesn’t understand the difference between sex and gender.