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Trolls, Honest Dissenters, And The Marketplace of Ideas in a Free Republic
5-16-04 | jmstein7

Posted on 05/16/2004 12:59:53 PM PDT by jmstein7

There is now a debate raging on FR about trolls, honest dissent, and the value of free speech.  I would like to weigh in on this and then solicit opinions from all of you on the subject.

 

The First Amendment was a response to the English experience of viewpoint suppression by requiring licensing of the press – i.e. requiring pre-approval of books – the doctrine of construction treason, which held that writing can constitute treason, a capital offense, and the law of seditious libel, criminalizing unfavorable reporting of the government.  However, the debate in the United States did not truly reach maturity until the early half of the 20th Century.

 

Justice Holmes (in, I believe, Abrams v. United States) famously averred that “[t]he best test of truth is the power of the thought to get itself accepted in the competition of the market.”  Even opinions which we “loathe and believe to be fraught with death” should not be suppressed, “unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.” 

 

Alternatively, the self governance rationale posits that, because the general welfare depends on the citizens making enlightened decisions, in a democratic society, free expression and discussion are essential to deciding matters of public policy.  The autonomy rationale holds that for an individual to regard himself as autonomous, he must see himself as free to decide which beliefs to hold.  The First Amendment is also justified on the basis that it checks the abuse of power by public officials, it diffuses dissent by creating an atmosphere of open discussion, and it fosters a tolerant society. 

 

I am inclined to agree with Justice Holmes – and that is why I support, as I think most FReepers do – honest dissent.  Although such expression of opinion may make us angry, as the Court insinuated in Terminiello v. Chicago, the most valuable expression may well be that which because it is provocative and challenging, produces these emotions.  This type of debate aids us in our perpetual search for the truth.

 

There is no such thing as a false idea.  However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries, but on the competition of other ideas.  However, what we are concerned with is false statement of fact – this type of speech, particularly speech that is intended to be deceptive, adds nothing to public debate.  False statements of fact, e.g. intentionally deceptive or libelous utterances, are not within the area of constitutionally protected speech.  Deceptive or defamatory speech is “low value speech,” and it adds nothing constructive to the marketplace of ideas.  This is why trolls are prohibited – because they add nothing to the debate and exist only to deceive and distort the truth we are seeking. 

 

In a nutshell, we at FR do not support viewpoint discrimination.  However, what we do ask for, at a minimum, is open and honest debate as we, together search for the truth.  That is, per se, the value of free speech in a Free Republic.


TOPICS: Your Opinion/Questions
KEYWORDS: cantwejustgetalong; iminchargehere
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To: cyborg

Hi cyborg...I have never seen you call a FReeper a troll.


21 posted on 05/16/2004 1:14:18 PM PDT by trussell (Member: Viking Kitty Society; Member: Troll Patrol; Member: Insider Fraud watch...)
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To: CurlyFro

Well... I think that is more of a security issue. Actual danger is an exception to the rule, and there has to be a judgment call.


22 posted on 05/16/2004 1:14:25 PM PDT by jmstein7 (Real Men Don't Need Chunks of Government Metal on Their Chests to be Heroes)
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To: RVS95
boxsmith13's account is still active.
23 posted on 05/16/2004 1:14:58 PM PDT by hole_n_one
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To: trussell

No but I confess to calling one or two a genius or dumbass :) Just part of being FRiends hehehehe


24 posted on 05/16/2004 1:15:28 PM PDT by cyborg
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To: jmstein7
Well, it is a privately owned forum, it states explicitly that it is a conservative forum, so I don't have too much of a problem with Free Republic "censoring" our leftist counterparts. I put censoring in quotes because leftwing articles are regularly posted here, but forummers of that particular bent are also regularly banned. So you get exposed to every manner of idea here at Free Republic, but we don't sponsor "honest debate" in the sense of letting the opposition participate.

The benefit is that we don't have any really nasty flamewars. In general, I have found that Free Republic is really a very pleasant forum, compared with what you will find elsewhere. If we opened it up to the DU nutcases, that would no longer be the case.

On the other hand, the mods can be a little nuts sometime. People have been banned who should not have been banned. And sometimes stuff is removed that should not be removed. It's not a big deal really, if you don't mind just creating another account. You aren't going to keep getting banned unless you really are a troll. Quad meme, for some, it is quite a shame to lose an account they've had for a long time.

Ideally, Free Republic should consider reinstating old accounts after period of time (at least the ones which have been around awhile before they were banned--not the DU trolls) and maybe allow for some kind of appeals process. But, otherwise, I guess you just have to make a new account when you get struck down by a quirky mod.

25 posted on 05/16/2004 1:16:12 PM PDT by explodingspleen (When life gets complex, multiply by the complex conjugate.)
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To: RVS95
hell, I know a recent person on the freep who is a BUSH TEAM LEADER that was banned (now how silly is that).

I just got a pin in the mail from Bush/Cheney - - I'm a "Wrangler" !

26 posted on 05/16/2004 1:16:13 PM PDT by Lancey Howard
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To: jmstein7

True, there are security issues, as you noted in your Holmes quotation, but when a person with a pro-Bush sign is allowed up close while a person with an anti-Bush sign is relegated far away, it ceases to be a security issue.


27 posted on 05/16/2004 1:16:55 PM PDT by CurlyFro
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To: jmstein7
Too many of the trolls are of the "Bush Lied, People Died", "No War for Oil", No War for Halliburton", mentality. They are not interested in honest debate. Their agenda is to get Bush defeated, period.

I have to put up with these idiots in the media, in the workplace, in my in-laws. I don't feel the need to have to put up with their "honest" debate here on FR. So far as I can tell, honesty and the Dem Party are at cross purposes. Let the opposition twist their logic on other websites....

28 posted on 05/16/2004 1:17:48 PM PDT by freebilly (Vote Kerry-- 1 Billion Muslims Can't Be Wrong....)
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To: jmstein7
There is no such thing as a false idea.

I disagree.  

In a nutshell, we at FR do not support viewpoint discrimination.

Well, it depends on the situation.

29 posted on 05/16/2004 1:17:57 PM PDT by HAL9000
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To: jmstein7
The Constitution deals with the powers of the government, and the limits to those powers. FR is not a government, but a private forum. The Constitution does not apply.

Personally, I prefer open and unrestricted debate. But the decision is not mine to make.

30 posted on 05/16/2004 1:18:00 PM PDT by sourcery (This is your country. This is your country under socialism. Any questions? Just say no to Socialism!)
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To: jmstein7
***"OMG, YOU'RE FREAKIN' ME OUT BUMP"***
31 posted on 05/16/2004 1:18:12 PM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: CurlyFro
It is more likely that a person with such a sign poses a clear and present danger of imminent lawlessness . It is a judgment call. It is narrowly tailored, and there are sufficient avenues of expression open to such a person.
32 posted on 05/16/2004 1:18:34 PM PDT by jmstein7 (Real Men Don't Need Chunks of Government Metal on Their Chests to be Heroes)
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To: jmstein7

Funny you posted this, and right behind it was a troll posting that lasted less than 5 mins.


33 posted on 05/16/2004 1:19:02 PM PDT by Lokibob (All typos and spelling errors are mine and copyrighted!!!!)
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To: trussell
I like Mr. Robinson's prime directive: "This site will not be used to aid the defeat of George Bush." I'm paraphrasing, but I think that's the jist of it.

As always, I defer to he who hosts us all here.

34 posted on 05/16/2004 1:19:26 PM PDT by Petronski (They could choose between shame and war: Some chose shame, but got war anyway.)
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To: explodingspleen
but forummers of that particular bent are also regularly banned.

It's true. But, I do believe if a leftie ever showed up who would argue from principle, and stay off ad hominem, he would be most welcome, as well as very busy.

35 posted on 05/16/2004 1:19:31 PM PDT by don-o (Stop Freeploading. Do the right thing and sign up for a monthly donation.)
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To: jmstein7

I find nothing to quarrel with in what you have written. After all it is hard to argue with letting the best idea prevail in the marketplace of ideas.

But I do not find much there that advances my understanding of this troll business. You seem to limit the definition to assertion of facts which are false and to slanders. You assert these are not legally protected speech, a legal tenet with which I would quarrel.



First, my observation shows me that those who scream TROLL the loudest are themselves the most prone to descend to the ad hominem and indulge in libel. Second, who is to say which assertions are false? Is that not a matter for rebuttal and not shunning unto outer darkness of the poster who tresspasses on our peculiar conservative brand of PC?

Finally, I have observed that troll alerts are not reserved for intentionally deceptive or libelous utterances but all to often are in fact motivated for "viewpoint descrimination" which we all say we abhor but which is clearly all too prevalent in practice.

I commend you for addressing this important issue to the future of FreeRepublic.


36 posted on 05/16/2004 1:20:05 PM PDT by nathanbedford (the)
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To: jmstein7

Sorry pal, I'm not going to waste my time or resources on America hating trolls. If you want to debate these guys, do it on DU or LP or wherever.


37 posted on 05/16/2004 1:20:14 PM PDT by Jim Robinson
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To: CurlyFro

I don't believe anyone should be arrested for a sign with four letters on it but I can understand why there are 'Secret service protest zones". Security. Half of this country despises Bush and his administration for that matter. Even when Martha Burke protested the Masters golf tourny, they made her stay a good distance away. If the W.T.O. protests that usually turn violent are any indication of what our elected officials might face, then I say keep 'em atleast a few blocks away.


38 posted on 05/16/2004 1:20:24 PM PDT by Normal4me
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To: sourcery

In no way was I implying that the First Amendment applies here -- nor would I insinuate that there is even remotely anything resembling state action :)

However, do see Pruneyard Shopping Center v. Robbins.


39 posted on 05/16/2004 1:20:36 PM PDT by jmstein7 (Real Men Don't Need Chunks of Government Metal on Their Chests to be Heroes)
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To: explodingspleen

True, it is a conservative forum, and the owner of the website has the right to do whatever he wants. However if my comments were removed, t would be proper to provide an explanation (too inflammatory, too liberal, etc).


40 posted on 05/16/2004 1:20:59 PM PDT by CurlyFro
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