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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: trussell

"In Jim Robinson's home (Free Republic) I feel the same rules apply. He alone has the right to say what is allowed in his home, and we must respect that or leave!!"

This is not Jim Rob's home, however. Free Republic is a wonderful thing, it's gotten bigger than one person's personal website. This more like Jim Rob's Debating Society. he's built a public space that anyone browsing the net can amble into, that hundreds of folks post to every day. Lots of people now chip in money to support this internet Debating Society. The community, not just Jim Rob, now make what is FR.

So, we can defer to Jim Rob's vision since he's running it, but what that vision should be should be asked in terms of what is best for the whole FR community here.


81 posted on 05/16/2004 1:36:29 PM PDT by WOSG (http://freedomstruth.blogspot.com - I salute our brave fallen.)
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To: jmstein7

"Comment #20 Removed by Moderator"

oh, the irony!


82 posted on 05/16/2004 1:37:11 PM PDT by WOSG (http://freedomstruth.blogspot.com - I salute our brave fallen.)
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To: WOSG

LOL


83 posted on 05/16/2004 1:37:41 PM PDT by cyborg
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To: breakem

I'm not in charge vetting, no one is. And I'm not preaching to the choir. You should understand better than most why vetting would be necessary. Ultimately, if someone leaves in a huff, it's their failure. If they're banned, well, that's their failure too. An inability to appreciate that last point is a misunderstanding of terms like 'guest' and 'hospitality.'


84 posted on 05/16/2004 1:37:52 PM PDT by Petronski (They could choose between shame and war: Some chose shame, but got war anyway.)
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To: Jim Robinson
"You are free to open your own site."

True, but it would never be as good and important as yours!

Note: Even though I think you get a little heavy handed at times, I can see you often have no choice

85 posted on 05/16/2004 1:37:53 PM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Veracious Poet

I agree about the banning, but some bans have been very quick tempered. One night a young marine was banned for saying Reno investigated Clinton more than Bush did. I thought the ccomment was astute. He was banned for being a liberal. There is sometimes a mob reaction or quick trigger on these threads. All you have to do is have the wrong person cry to the moderator.


86 posted on 05/16/2004 1:37:56 PM PDT by breakem (formerly bigsigh)
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To: jmstein7
I don't fight with trolls. I just type "read my tag line". If they come back with more blather, I send an additional post "tag line."

Since I state "If you are a troll", I'm covered. I don't get a tension headache or high blood pressure or ZOTTED.

87 posted on 05/16/2004 1:38:24 PM PDT by floriduh voter (If You are a Troll, You Are Only Hurting Yourself. www.conservative-spirit.org (FV))
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To: WOSG
This is not Jim Rob's home, however.

!

88 posted on 05/16/2004 1:39:05 PM PDT by Petronski (They could choose between shame and war: Some chose shame, but got war anyway.)
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To: Petronski

86 regarding banning.


89 posted on 05/16/2004 1:39:17 PM PDT by breakem (formerly bigsigh)
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To: explodingspleen

"On the other hand, the mods can be a little nuts sometime."

Agreed. Sometimes some nasty freeper will accuse one of "stalking" or some such nonsense, in an effort to get one banned, and the admin mods jump down your throat before investigating and finding out that the complainer is a liar. They do apologize when they are wrong, though.


90 posted on 05/16/2004 1:40:23 PM PDT by Henrietta
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To: Lancey Howard
hell, I know a recent person on the freep who is a BUSH TEAM LEADER that was banned (now how silly is that).

Me too and he doesn't even know why he was ZOTTED for life.

91 posted on 05/16/2004 1:41:20 PM PDT by floriduh voter (If You are a Troll, You Are Only Hurting Yourself. www.conservative-spirit.org (FV))
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To: don-o

We do have liberal larry..I just had a discussion with him today...He likes Sy Hersh.I always ping him to good news that is happening in Iraq (or the Saddam torture pictures today)! He doesn't get over the line much and I even managed to help educate him about communists in government during the McCarthy era once.


92 posted on 05/16/2004 1:42:09 PM PDT by MEG33 (John Kerry's been AWOL for two decades on issues of National Security!)
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To: HAL9000

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

There are many people here who support viewpoint discrimination, and flame those who don't jump on whatever the bandwagon du jour is. It's gotten so unpleasant that I don't visit as often as I used to...


93 posted on 05/16/2004 1:42:22 PM PDT by Henrietta
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To: CurlyFro

"The Secret Service has "protest zones" set up far away from the President. A man was arrested for having a "F U G W" sign. The mentality of "you are with us or you are against us" so prevelant nowadays stifles open debate."


Are you unaware that this was just as intense, if not more so, when the Clintons were in office? Haven't you read anything about Hillary and her "goon squad"? This sort of thing is nothing new...it's just that it's reported in the mainstream, liberal press now.


94 posted on 05/16/2004 1:42:35 PM PDT by Maria S ("And an angel still rides in the whirlwind and directs this storm."George W. Bush 1/20/01)
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To: WOSG
So, we can defer to Jim Rob's vision since he's running it, but what that vision should be should be asked in terms of what is best for the whole FR community here.

Why?

95 posted on 05/16/2004 1:42:41 PM PDT by don-o (Stop Freeploading. Do the right thing and sign up for a monthly donation.)
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To: All

My point was why trolls should be banned and why it is good for FReepers to flame the h*ll out of them when the do come here. We need to keep reinforcing the righteous and justness of our cause. We are right, and our ideas and ideals must prevail. We just need to remember why we believe and fight for what we believe.

And, I have worked my hardest to help get President Bush re-elected... and I will continue to fight to do so.

I think, though, that we:
a) need to keep focusing on pounding Kerry and
b) need to set our sights on the main-stream media and expose it to the pulic for what it is -- a left-wing propaganda machine.


96 posted on 05/16/2004 1:43:13 PM PDT by jmstein7 (Real Men Don't Need Chunks of Government Metal on Their Chests to be Heroes)
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To: breakem
One night a young marine was banned for saying Reno investigated Clinton more than Bush did. I thought the comment was astute. He was banned for being a liberal.

I don't know if I would have banned him under the circumstances you describe, but it is also not my call. Further, since I did not see that thread, I don't know if he was banned solely because of the circumstances you describe. Finally, I don't know if the banned poster was a young marine.

97 posted on 05/16/2004 1:44:10 PM PDT by Petronski (They could choose between shame and war: Some chose shame, but got war anyway.)
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To: hole_n_one
How long do you suppose someone would last at FR with a tagline of Kerry For President!?

Beats the hell out of me.

98 posted on 05/16/2004 1:45:16 PM PDT by SamAdams76 (Kerry For President!)
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To: SamAdams76

LOL


99 posted on 05/16/2004 1:45:41 PM PDT by Petronski (They could choose between shame and war: Some chose shame, but got war anyway.)
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To: jmstein7

Why do you feel that banning folks establishes the righteousness of our cause. To me it shows an unnecessary use of power for power's sake. If you want to show the correctness of your position use words and engage the heathen interloper. What we have now is a game and encourages groupthink and a mob mentality.


100 posted on 05/16/2004 1:46:00 PM PDT by breakem (formerly bigsigh)
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