| ▲ | epistasis 3 days ago |
| It's shocking how little opposition laws like get this from people who call themselves "free speech absolutists." Here we have straightforward censorship, by the government, yet it all flies under the radar. The people who fight for free speech in these cases, devoting time and money to it, and have real meaningful effect, self-describe in more ordinary ways. |
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| ▲ | mlinhares 3 days ago | parent | next [-] |
| That's because they're not "free speech absolutists", they're fascists that want to force their own idea of what valid speech is on everyone else. |
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| ▲ | prox 3 days ago | parent | next [-] | | If true they fit the exact definition of doublespeak. | |
| ▲ | gosub100 3 days ago | parent | prev [-] | | Same thing the far left does on college campuses. They just do it under the guise of victimhood with terms like "assault" being used to describe someone speaking an unpopular opinion. If the school book wars said the kids were "assaulted" by this "hate speech" would that make it okay? Is that what they are missing is someone feigning victimhood? | | |
| ▲ | DrillShopper 3 days ago | parent | next [-] | | False equivalence - I don't see lefty culture warriors burning books/removing them from libraries. They are fighting to get different books (less Eurocentric, for the most part) into the curriculum, but they're not removing them from the library. | | |
| ▲ | HK-NC 3 days ago | parent [-] | | I can't think of any explicitly right wing books that are even in libraries anyway. | | |
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| ▲ | epistasis 3 days ago | parent | prev [-] | | Speaking an unpopular opinion on campus might mean you hear other people saying things that you don't like, as well? In what way do you consider this similar to laws enforced by courts and police and the full legal system? |
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| ▲ | steveBK123 3 days ago | parent | prev | next [-] |
| Yes, the same people that need the 2A right to guns to protect themselves from government tyranny also are totally fine with other forms of government tyranny. |
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| ▲ | NickC25 3 days ago | parent | next [-] | | As long as the tyrants are on "their" "side" , 2A gun nuts love government tyranny, and the right to commit tyranny. | | |
| ▲ | insane_dreamer 3 days ago | parent | next [-] | | Huge Venn diagram overlap between 2A gun nuts and those who are totally fine with calling in the NG to police "out of control" cities like DC | | | |
| ▲ | mindslight 3 days ago | parent | prev [-] | | I'm not really a fan of either party, so I tend to dwell on the most glaring irrefutable examples that shine through groupthink biasing. Government agents summarily executed Breonna Taylor in retaliation for Kenneth Walker exercising his natural right to night time home defense. This was the exact scenario the 2A enthusiasts always grandstand about - "When seconds count, the police are only minutes away", "From my cold, dead hands", etc. Any yet the response from the sheer majority of supposed 2A enthusiasts? Utter fucking silence, if not outright support for the jackboots. | | |
| ▲ | epistasis 3 days ago | parent | next [-] | | This is shown throughout history too. When the Black Panthers were around the NRA was strongly in support of gun control. | |
| ▲ | FireBeyond 3 days ago | parent | prev [-] | | "From my cold, dead hands... unless you're at an NRA convention, in which case, please use these convenient lockers we've provided, or consider leaving your firearms at home." | | |
| ▲ | mindslight 3 days ago | parent [-] | | I would point out how great of a place that would be for the government to start their supposedly planned "gun confiscation", but why would they even need to do that? |
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| ▲ | UmGuys 3 days ago | parent | prev | next [-] | | They are the tyranny. They're literally attacking Americans with the military now. GOP has fully descended into whatever Tr*mp wants and he seems to want to destroy America. | |
| ▲ | 3 days ago | parent | prev | next [-] | | [deleted] | |
| ▲ | antonymoose 3 days ago | parent | prev [-] | | By your logic, the government should be forced to purchase firearms and make them freely available to the citizens. The government deciding standards for content it purchase is neither tyranny nor fascism. You are free to purchase as much controversial or sexually explicit material as you see fit. | | |
| ▲ | amanaplanacanal 3 days ago | parent [-] | | Public schools have librarians who are trained in pedagogy. The librarians and teachers already know what books are appropriate for kids. This is state legislators and the governor trying to prevent kids being exposed to ideas they don't personal like. | | |
| ▲ | SilverElfin 3 days ago | parent [-] | | > Public schools have librarians who are trained in pedagogy. The librarians and teachers already know what books are appropriate for kids. This training means nothing. Critical pedagogy is just code for biasing the books in libraries towards the left. It isn’t even a hidden agenda - the ALA has been open about it. This “pedagogy” isn’t about what’s appropriate for kids. It’s about using a public institution and its funds to push one side’s ideas. So sure, the state may be trying to prevent kids from being exposed to ideas they don't personally like. But it is to counter the librarians and their organizations, who are trying to only expose kids to ideas they personally like. | | |
| ▲ | epistasis 3 days ago | parent [-] | | Pedagogy and critical pedagogy are two very different things. And critical pedagogy seems to be a very rare thing, why are you bringing it up and then adding a hyper-political slant to it? Substituting one term for another and railing against the substituted term is a very weak argument. | | |
| ▲ | SilverElfin 3 days ago | parent [-] | | Critical pedagogy is not rare, but very common. I am bringing it up because the ALA pushes and practices it, as do most individual librarians in cities, whose personal politics aligns with the ALA, and whose libraries are members of ALA. That’s why public libraries in cities have a disproportionate amount of progressive biased books visible when you walk in, and virtually nothing from other ideologies. |
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| ▲ | xnx 3 days ago | parent | prev | next [-] |
| Almost without exception, people who loudly proclaim to be one thing: free speech absolutist, anti-tax, heterosexual, small government, "tough on crime" are exactly the opposite. |
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| ▲ | zeroonetwothree 3 days ago | parent | next [-] | | Well, maybe in practice. You could consider it an example of the law of unintended consequences. Although I would apply it equally to the other political side as well. “Diversity” = everyone has to think like me, “inclusion” = exclude certain groups and so on | |
| ▲ | gosub100 3 days ago | parent | prev [-] | | Universities saying they're "diverse" until some students started promoting terrorist and acting anti-Semitic. |
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| ▲ | root_axis 3 days ago | parent | prev | next [-] |
| "Free speech absolutist" is a self-described label for partisan censors. Honest people understand that there's no such thing as absolute free speech. |
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| ▲ | whimsicalism 3 days ago | parent | prev | next [-] |
| i don’t support this law at all, but i think it is pretty obvious that there is a difference between free speech and governmental discretion in what is taught in school. free speech doesn’t require that schools stock the “Bell Curve” or Mein Kampf for instance |
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| ▲ | Sprocklem 3 days ago | parent [-] | | This is a strange framing. These laws are neither about what is taught in schools nor what books schools are required to stock, but rather restrictions on what books schools may chose to make available to the children. The government is not limiting the free speech of the authors, but these laws are the government limiting access to the authors' free speech, which is at least related to free speech, even if you don't buy that it is an restriction of free speech per se. I do, however, think it is also worth noting that there is value in critically discussing the ideologies espoused by "The Bell Curve" and "Mein Kampf", since both ideologies persist and continue to have influence on American politics today. | | |
| ▲ | whimsicalism 3 days ago | parent [-] | | You’re motte-baileying to ‘related to free speech’. By the standard you are setting, any curriculum-setting is free speech related, so clearly not an impermissible state action. | | |
| ▲ | Sprocklem 3 days ago | parent [-] | | Curriculum-setting neither limits anyones free speech nor does it restrict their access to the free speech of others. Teachers are generally allowed to expand on the curriculum and students are given access to literature with information beyond that in the curriculum. These laws do effectively restrict access to information and ideas. |
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| ▲ | 2OEH8eoCRo0 3 days ago | parent | prev | next [-] |
| What flew under the radar? It was challenged in court and struck down. The system seems to work no? How else should it work? |
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| ▲ | epistasis 3 days ago | parent | next [-] | | I am contrasting the difference between 1) those who paid attention and took action, the normal type of free speech defenders, and 2) self-described "absolutists" who have no problem with this sort of vaguely defined restriction on speech. | | |
| ▲ | zeroonetwothree 3 days ago | parent [-] | | Why do you think absolutists have no problem with this law? Did you just make that up? I for one do not support the law and I would consider myself 99% an absolutist. | | |
| ▲ | anigbrowl 3 days ago | parent [-] | | Arguments about concepts like hate speech tend to pull out a large number of self-identified free speech absolutists, arguments about restricting access to books in libraries ends to draw out very few. You might find it intresting to dig through the history of past discussions right here on HN. |
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| ▲ | UmGuys 3 days ago | parent | prev | next [-] | | The judicial system is a wreck and obviously works for rich people only. This sort of obstruction of every day life by people seeking to destroy democracy should be filtered out of the system otherwise they can get their way or keep filing lawsuits. How? It starts with education which is why they're attacking it. Especially with the new Tr*mpian ethos of rules for thee, not for me. | |
| ▲ | omnimus 3 days ago | parent | prev | next [-] | | I don't think courts should be where laws are decided. The main reason is that every obvious case like this undermines their power in future. Soon you will have people who start to question if courts don't have too much power. When you finally get to some important politically dividing case, all these secondary rulings in the past would be used against the courts. | |
| ▲ | steveBK123 3 days ago | parent | prev [-] | | Would be preferable to not see administrations repeatedly try obviously blatantly unconstitutional moves. Don't need to be a constitutional law expert to see the problem here. Is driving 100mph down the highway OK as long as you slow down right before the known speed trap? The system worked? |
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| ▲ | dogleash 3 days ago | parent | prev | next [-] |
| My highschool had banned books. That's what got me into the free speech thing in the first place. But sure, make me republican in your mind because whatever. It's attitudes like yours that discourage me from wanting to show up for the cause anymore. |
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| ▲ | epistasis a day ago | parent [-] | | You seem to be making a bunch of unwarranted assumptions about what's in my mind, and getting upset about that, but I can't even imagine what your assumptions are. Your only stated assumption, about me thinking you are "Republican," is false, and not at all contained in my comment. If you are motivated towards free speech action because of banned books don't you think I would suppprt you in that?! That's the entire thrust of my comment, I think people fighting for free speech are great, and based on the information you provided you seem to be doing that! |
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| ▲ | ModernMech 3 days ago | parent | prev | next [-] |
| Remember the part of the book where "love" is really "war" and "freedom" is really "slavery"? It's like that. "Absolute free speech" is really "only party-approved speech". |
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| ▲ | 3 days ago | parent | prev | next [-] |
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| ▲ | komali2 3 days ago | parent | prev | next [-] |
| Aaaagh! I feel your frustration but I myself am frustrated at this dance Americans still play at that there are constitutionalists there, or people interested in "maintaining the institutions" or "free speech." There are only two kinds of politicians in America: neoliberals who are looking for opportunities to commodify the State or people in it, and fascists (or baby fascists) interested in achieving Christian nationalist or white nationalist goals by any means necessary. Even the word "libertarian" doesn't mean "anarchist" in America as it does everywhere else, to refer to the most far-left you take take political ideology. Instead it refers to a deeply right-wing ideology obsessed with corporatocracy. |
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| ▲ | graemep 3 days ago | parent | next [-] | | liberal commodification and Christian nationalism are both contradictions in terms. In the UK and I understand libertarianism to mean an extreme free market position, usually in the belief that markets will fix problems unregulated. I think the UK definition is less extreme than the US one but on similar lines. | | |
| ▲ | amanaplanacanal 3 days ago | parent [-] | | Are they really extreme free market though? Do they want to get rid of limited liability so that the owners of a business are actually responsible for the harms they cause? | | |
| ▲ | graemep 3 days ago | parent [-] | | Depends what you mean by extreme free market. I mean anti-regulation, particularly anti-competition regulation, and opposition to state funding or anything. |
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| ▲ | epistasis 3 days ago | parent | prev | next [-] | | There are plenty of constitutionalists, and reducing the entire polity to either neoliberal or fascists ignores the reality of the country. Further, by trying to ignore the existence of the large number of us who do want to defend the constitution, you hasten it's demise by emboldening those who are seeking to destroy it. I don't agree with calling anarchy the most far-left ideology, just as I don't agree with calling Marxism the most far-left ideology, because this isn't a one-dimensional axis. The meaning of words is continuously shifting in language, especially with something as slippery as political ideologies, which themselves are continually changing. We must make the words the tools of our communication, instead of our communication the tool of the words. | |
| ▲ | terminalshort 3 days ago | parent | prev [-] | | There is no philosophical difference between libertarianism and anarchism, only a difference in how they predict people will behave in the absence of centralized authority. | | |
| ▲ | komali2 3 days ago | parent | next [-] | | There's a huge philosophical difference! American libertarians are highly focused on individualism and zero-sum behavior and thinking, whereas anarchism is a collective ideology focused on mutual aid or even communism (e.g. Kropotkin's Anarchist Communism). Libertarianism is an application of right-wing ideology subtracting the State. Opposition to the State may be a shared aspect of the ideologies, but for another example, just because Nazism advocated for nationalizing industries doesn't mean it has anything beyond that in common with Marxist Leninist Communism which advocates for the same. | | |
| ▲ | zeroonetwothree 3 days ago | parent | next [-] | | You are thinking only of one type of anarchism, ie the socialist type. There is also individualist anarchism. Which would be closer to libertarianism (although libertarians would support some state activity so it’s somewhat different). | | |
| ▲ | komali2 3 days ago | parent [-] | | Hence why the "individualist" strain of thought essentially died out as all other anarchist philosophers moved to anarchist communism. It was revived only recently with "anarchist capitalism" which is of course a contradiction. If we were having this conversation in the 1820s before such abominations were dreamed this distinction would be worth making. Nowadays, when people want to talk about "social anarchism," they say, "anarchism," and when they want to say "individualist anarchism," which as been identified for the right wing ideology it is, they say "American libertarianism." |
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| ▲ | terminalshort 3 days ago | parent | prev [-] | | > Opposition to the State may be a shared aspect of the ideologies Yes, that's the philosophy. All the rest of what you said is just listing different predictions of what will happen after you get rid of the state. Once you get rid of the state, there is no authority to enforce the "mutual aid or communism" so that isn't a political philosophy. It's just a prediction of what will people will do under their own free will in the absence of a compelling authority. | | |
| ▲ | komali2 3 days ago | parent [-] | | Ah, I think I understand what's happening here, you're operating off an understanding of "anarchism" as literally just, "no state." In reality Anarchism describes a political ideology that people have been writing about for a couple hundred years. There are a lot of disagreements, but generally all anarchic philosophies agree on a couple things: opposition to coercion, opposition to hierarchy, opposition to state, opposition to capitalism, promotion of mutual aid, promotion of community strength. The majority of anarchist philosophy resolved first around collectivist anarchism, and then around anarcho-communism. That's why we don't call American libertarians "Anarchists," that's why we have a different word to describe them. Usually it works fine because American libertarians typically want nothing to do with anarchists, often for culture war reasons, but sometimes some American libertarians, such as those leaning "anarcho-capitalist," try to borrow anarchist terms, leading to confusion such as what we're having here. Anarchist philosophy isn't a prediction, though sometimes anarchist philosophers make predictions. It's a collection of criticisms, values, strategies, and analyses, like any political philosophy. | | |
| ▲ | terminalshort 3 days ago | parent [-] | | > opposition to coercion, opposition to hierarchy, opposition to state But herein lies the problem. You can't have collectivism without this. Any collectivist system (which is all human societies to differing degrees) faces two fundamental problems of self interest. The free-rider problem and the problem of people who put in more than they get out leaving the collective. This requires coercion. Whether or not you define the authority applying that coercion a "state" is debatable, but that hardly seems like the important distinction here. | | |
| ▲ | komali2 3 days ago | parent [-] | | Sure I'm happy to debate aspects of anarchic philosophy itself, but the fact of the matter is that essentially all anarchist philosophy has moved in a collectivist (now communist) direction and any remaining "individualist anarchist" strains are no longer considered anarchist (such as "anarcho capitalism"), since one of the few things anarchists seem to agree upon is the critical importance of mutual aid. You're absolutely right to question authority as it surrounds mutualism - that's what anarchists do all the time! > You can't have collectivism without this. Any collectivist system (which is all human societies to differing degrees) faces two fundamental problems of self interest. The free-rider problem and the problem of people who put in more than they get out leaving the collective. This requires coercion. I disagree, and so do many writers, and so does history. First off, the "free rider" problem is a problem under capitalism, not anarchism. We have ample evidence of "free riders" being supported even in ancient societies with high scarcity, such as highly genetically deformed people who lived to a remarkably old age, which means despite their inability to labor, someone was feeding them. Same for people who had traumatic injuries. The idea of a "free rider" is only a problem in a society that believes everyone needs to justify their existence through labor, such as capitalism. Mutualist anarchist societies don't have this problem. Especially a modern day one, now that we've achieved post-scarcity (all scarcity today is artificially enforced). Second, no human coercion is necessary to ensure collective bounty. Humans are intrinsically motivated to create bounty, if nothing else by hunger. And, being social creatures, we are also intrinsically motivated towards collectivism - ample anthropological evidence for this throughout every continent humans have lived on. My proposition to you is that capitalist society is motivated by self-preservation to convince you that what I'm telling you is silly and impossible. The system has glaring faults that we all feel, so it can only continue if it can convince everyone that it's The Only Way. A great resource that covers these historical facts in detail is Graeber's "The Dawn of Everything." If that's too lengthy, the founder of Food Not Bombs wrote a new version of The Anarchist Cookbook that's available as a free PDF https://www.foodnotbombs.net/anarchist_cookbook.html . Ignore the recipes, they're genuinely terrible. The first couple chapters are a good short introduction to the history of anarchy, and as I recall include ancient examples. |
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| ▲ | jltsiren 3 days ago | parent | prev [-] | | In my experience, it's easy to find major philosophical differences between libertarianism and anarchism. For example, you could ask people if they believe that private property is an authoritarian idea. | | |
| ▲ | terminalshort 3 days ago | parent [-] | | I'm not saying you couldn't find philosophical differences between individuals who call themselves "libertarian" or "anarchist." But those differences are irrelevant. Absent a state all property is private property, and who owns what is down to might makes right. Whether you call that "authoritarian" or not just comes down to whether or not you still consider a man with a gun robbing you an "authoritarian" if he's not acting on behalf of a formal government. But this is, of course, only if you take their claims that they want to abolish the state seriously, which I don't on either side. In reality these people do nothing but describe the state that they want when asked to go into detail. The whole thing is, of course, ridiculous because we are a social animal that when left to our own devices, forms states. The concept of a stateless human society makes about as much sense as cows forming a republic. | | |
| ▲ | komali2 3 days ago | parent [-] | | I think if you read some anarchist philosophy you might be surprised at what you find. Property can be owned in common. Then it's not private property whose ownership rights are enforced by a State. We have that here in Taiwan with indigenous people and it causes issues with the bureaucracy all the time, which is desperate for a name to put down as landowner. Many societies throughout history have common ownership aka no private property. Before you ridicule the idea of anarchy perhaps take a look at history - humans as a social animal tend to form societies, not states. |
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| ▲ | UmGuys 3 days ago | parent | prev | next [-] |
| It's marketing. Usually free speech absolutists just want to be able to say bigoted things. Often, they're simply racist. People are very volatile and polarized because of their social media's marketing. GOP marketing is insane. They're marketed as fiscally responsible, good for the economy, conservative, pro free speech, pro liberty, capitalist, and recently anti-war. And somehow people believe that despite reality. I can't grasp how anyone could ever support someone so awful as Trump. The man is a pathetic spoiled rotten bully in clown face who can barely string together a coherent sentence. Not to mention all the (sex) crime. |
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| ▲ | slibhb 3 days ago | parent | prev | next [-] |
| It is notably weird to react to this article by criticizing "free speech absolutists". Who are the people you're criticizing? Be specific. Free speech absolutists are mostly principled people who want to defend civil liberties while getting flak from the right and left. An example of this is FIRE -- which was massively criticized by progressives for suing colleges over anti-conservative speech codes, DEI statements, etc. But FIRE has behavred in a princicpled manner and has sued conservatives and the Trump administration over civil liberties violations. |
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| ▲ | UncleMeat 3 days ago | parent | next [-] | | FIRE is still spending the bulk of their media outreach complaining about the left. Yes, they aren't totally without principle but it is very clear that they treat threats to speech from the left and right very very differently. | |
| ▲ | QuadmasterXLII 3 days ago | parent | prev | next [-] | | Scott alexander and Zvi were the saddest cases- had a lot of respect for them a while back. Oh and musk of course but I think that's ketamine poisoning, not long-planned betrayal. | | |
| ▲ | zeroonetwothree 3 days ago | parent [-] | | I don’t follow those people extensively but have they actually come out in favor of this Florida law? I would be surprised |
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| ▲ | zeroonetwothree 3 days ago | parent | prev | next [-] | | I’m really happy FIRE still exists now that the ACLU has abandoned all semblance of principles. I can’t imagine them litigating the Skokie case today. | |
| ▲ | epistasis 3 days ago | parent | prev | next [-] | | > Free speech absolutists are mostly principled people who want to defend civil liberties If this were true, where were they on this clear case of government censorship? Check out this thread, and the single person admitting to be an "absolutist" seems to have no opposition to this law at all, and merely wants to defend limits to speech. Free speech "absolutists" are the least principled defenders of free speech, but they may have extremely right-wing principles they are trying to defend. Others here have given examples of high-profile "absolutists" but I'm talking about those I encounter online mostly, such as in this thread. | | | |
| ▲ | kstrauser 3 days ago | parent | prev [-] | | > Free speech absolutists are mostly principled people who want to defend civil liberties I genuinely laughed out loud here. As a Mastodon operator, when I see another new instance describe itself as “free speech absolutists”, it means they’re about to fill up with 2 things: Nazis (as in, literally swastikas and “Jews are oppressing me!” memes) and drawings of Japanese 8 year olds in lingerie. Every. Single. Time. | | |
| ▲ | zeroonetwothree 3 days ago | parent [-] | | Seems like your worldview is a bit skewed by the places you choose to hang out online. | | |
| ▲ | kstrauser 3 days ago | parent [-] | | Never been a moderator, have ya? I want to keep my hangouts pleasant, and sometimes that means looking at the unpleasant parts so that you can put a wall between them and myself and my friends. |
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| ▲ | terminalshort 3 days ago | parent | prev | next [-] |
| I completely disagree with this law, but I don't understand how this is a free speech issue. AFAIK the law isn't restricting anyone's right to freedom of speech because under this law anyone in FL is free to own, publish, buy, sell, read, or stock any book in any privately owned library. It seems to me that the government is allowed to decide what books to buy and stock in its own libraries. I don't understand how freedom of speech obligates the government to make a book available for free. It seems to me like compelled speech to require the government to stock certain books. As this pertains to schools, I don't understand how the government doesn't have the same right to control the curriculum as it does in any other case. e.g. it is not a violation of a teacher's right to free speech to order them not to teach flat earth theory in public schools because that teacher is an employee and not on their own time. Same as my employer can restrict my speech while on the job without violating my rights. |
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| ▲ | SoftTalker 3 days ago | parent | next [-] | | Yes. Obviously there are books that are inappropriate in elementary school libraries. Different criteria may apply to high-school libraries. But the point is these are curated collections no matter what. Nobody is prevented from reading what they want to read outside of that. My high school library didn't offer much popular paperback fiction, but I could have found that at the county public library, or at any bookstore or most general retail stores. School libraries have limited space, funds, and are constantly making decisions about what is age-appropriate and of educational value. | |
| ▲ | didibus 3 days ago | parent | prev | next [-] | | I think the issue is your framing of libraries as "the government's own libraries". Those libraries are to the people and paid by the people. Similarly, the school curriculum is not to be controlled by the government, public schools are also to the people and paid by the people. In both cases, the criteria for school curriculum and the books to stock are pedagogy. What will best prepare and educate students so they can innovate, thrive and improve our society later in life. Attempts at seizing control of the school curriculum or the material made available to students for their pedagogy (like books they can research) by the government in a way that appears to be for some political or value setting agenda and not the criteria of offering the best pedagogy for students feels like propaganda and information control for political gain. | |
| ▲ | epistasis 3 days ago | parent | prev | next [-] | | Your first and second paragraphs are in opposition to each other. The government is setting strict rules about what sort of books are allowed with this law. It's not a mere selection of the many books, but a strict ban of certain types of books based on their content. When the government establishes laws like this, they must be in accordance with our constitution above all, and that sort of strict criteria on banning certain types of books disagrees with the first amendment and the legal tradition around it. Similarly, you are also wrong about this compelling the government to stock certain books, that's not on the table at all. | | |
| ▲ | terminalshort 3 days ago | parent [-] | | But no books are banned. The government is allowed to set school curriculum in every other case, so why not this one? If you don't like government school rules set by the government, then who gets to set them? I don't think you have a good answer to this. You are dancing around the fact that someone has to decide what books go in the library. Who should that person be? Seems to me that it should be the owner of the library in question, which in this case is the state whose budget and laws are controlled by the legislature. | | |
| ▲ | epistasis 3 days ago | parent | next [-] | | > The government is allowed to set school curriculum in every other case, so why not this one? If you don't like government school rules set by the government, then who gets to set them? I don't think you have a good answer to this. There is a very very good answer here: the constitution. You are not even responding to the constitutionality claim here, and have refused to even acknowledge the core aspect of this entire case! It seems a bit rude to say "you don't have an answer" when you ignore the point again and again. The government can set laws, curriculum, etc. But it must be in accordance with the constitution. It seems that in the last year or so, many people think that the government can do whatever it wants, that there's no constitution, that there's no limits on government power. This is fundamentally anti-American, and against everything that the entire country was founded on. > You are dancing around the fact that someone has to decide what books go in the library. I'm not dancing around that fact at all. It's a government employee, the school librarian. Guess what, government employees are also subject to restrictions in how they act, as set by the constitution and other laws. When the "other laws" conflict with the constitution, like the one that's the subject of this post, the constitution wins. Budgetary power is not the ultimate law of the land, it's the constitution. This also seems to have been forgotten in the past year. | |
| ▲ | nozzlegear 3 days ago | parent | prev | next [-] | | > You are dancing around the fact that someone has to decide what books go in the library. Who should that person be? It's the school librarian, who purchases books from their vendor lists. Depending on the school, the school board might vote to put a selection policy in place for the librarian. A few states publish a recommended or approved list of books that the librarian chooses from. | | |
| ▲ | terminalshort 3 days ago | parent [-] | | That may be your preference as to how it should be done, and I see no problem with that. But if your approach is constitutional, so is Florida's. The librarian is an agent of the same government that is controlled by the legislature. If he can decide what books get in and which don't, so can the legislature. > A few states publish a recommended or approved list of books that the librarian chooses from. Well isn't that exactly what FL did? | | |
| ▲ | nozzlegear 3 days ago | parent | next [-] | | > Well isn't that exactly what FL did? I'm not saying I agree with it, just listing all of the methods of selection (that I'm aware of) for accuracy. Personally I prefer the school board approach, so that the community can assert local control over the process rather than politicians trying to score points with national parties. | |
| ▲ | dfxm12 3 days ago | parent | prev [-] | | > A few states publish a recommended or approved list of books that the librarian chooses from. Well isn't that exactly what FL did? No. | | |
| ▲ | terminalshort 3 days ago | parent [-] | | if (!banned_books.contains(book) {
library.add(book)
} if (allowed_books.contains(book) {
library.add(book)
} It's the same. (Well, not quite. Yours is much more restrictive.) | | |
| ▲ | didibus 3 days ago | parent [-] | | Banning the books takes a stance against the books themselves. It's like an attack to the speech of the authors by the government. The government is openly opposing and calling them obscene. Simply recommending or mandating that a particular set of books should be made available is very different, that's in line with the role they should play here, which is to make sure that a good selection of books for pedagogy is made available to students. What's funny is, the "banned books" might have not even been available in any of the libraries to begin with. That shows the distinction. And finally, even the set of books they make available, it should reasonably look like an effort was made to select them based on an objective criteria of offering the best education. If it starts to feel like it wasn't done so in good faith, it's leaning on propaganda. The librarian, school board, governor, this applies to all of them, it's not their own personal selection of what they want the kids to learn. It's a set of books of their good faith effort at objectively offering the material that benefits the kids education best. |
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| ▲ | ModernMech 3 days ago | parent | prev [-] | | For these kinds of matters we we tend to set community-approved guidelines and then allow the community to enforce them. This is because we trust our community to best uphold the standards of the community. What's being done here is a top-down effort by certain political forces to insert themselves into this community-lead governance. They don't want the community to set local standards; they would rather those standards be dictated by the governor, or by some party-approved commission appointed by him. > Who should that person be? Seems to me that it should be the owner of the library in question Agreed, but Republicans think this person should be the governor of the state, and Democrats think this person should be someone local from the community. Ironically, it's Republicans who are styled as the party of small government. | | |
| ▲ | terminalshort 3 days ago | parent | next [-] | | What you are saying makes sense, but I am only commenting on this in relation to freedom of speech. The government is the government whether it is local or state. So in terms of freedom of speech this is the same thing. In terms of the constitution, local governments are completely subject to the authority of the state government. There is no sharing of power like at the federal/state level. | | |
| ▲ | ModernMech 3 days ago | parent | next [-] | | I think it all has to do with impact. The point of the first amendment is so that the government cannot create policy to chill speech it doesn't like. That's why we all appreciate it. A small branch library making autonomous choices about what books to store behind its walls with backing of the local community doesn't stand to chill speech across the state or nation, so the first amendment protection to free speech isn't really implicated. If some podunk town doesn't want to put books about trans kids on the shelves, that's not going to chill speech about trans people across the state or nation. But when the governor sets policy that no libraries shall have books about trans people, then that's going to chill speech and the first amendment is implicated. Therefore it's unconstitutional, despite flowing from the same derived power source. That's my view anyway, I'm not a lawyer. | |
| ▲ | epistasis 3 days ago | parent | prev [-] | | A law must abide by the constitution. Community norms are not laws, and are much more flexible, have no government enforcement mechanisms, and don't have the weight of the legal system behind them. These are very different things when it comes to freedom of speech! | | |
| ▲ | Levitz 3 days ago | parent [-] | | That looks like the mother of all slippery slopes to me. I'd be very, very careful around the idea that some workers of the government don't have to abide by the constitution. | | |
| ▲ | epistasis 3 days ago | parent [-] | | I'm confused, who here is saying that some workers of the government don't have to abide by the constitution? Certainly I have never said that! |
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| ▲ | mindslight 3 days ago | parent | prev [-] | | "I don’t want to abolish government. I simply want to increase it to the size where it can go into your bathroom and drown you in the bathtub" - Grover Norquist, via translation from effective results. |
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| ▲ | nozzlegear 3 days ago | parent | prev | next [-] | | > It seems to me that the government is allowed to decide what books to buy and stock in its own libraries. I don't understand how freedom of speech obligates the government to make a book available for free. The concern here is that letting the government decide which books are kosher for its school libraries and which books aren't kosher is that taken to its extreme, the government could ban all books that aren't the King James Bible without explicitly adopting a pro-King James Bible policy. And if that's the only kind of book they stock in the library, then children who want to check out books are going to be reading literature with a certain kind of slant to it. Replace the King James Bible with whatever you personally wouldn't want kids to be reading, e.g. the Quran or the Kama Sutra. | | |
| ▲ | terminalshort 3 days ago | parent [-] | | > The concern here is that letting the government decide which books are kosher for its school libraries and which books aren't But there isn't any other choice except to not have school libraries at all. The library is owned by the government and the books are paid for by government funds. Somebody has to decide what goes in the library and what doesn't. Who would that be other than the government? | | |
| ▲ | nozzlegear 3 days ago | parent | next [-] | | The government can decide what to teach in its curriculum – it already does that. But the school library doesn't exist solely to deliver curriculum materials directly into the heads of students; it's one of the places where students are supposed to be able to explore ideas and concepts beyond their official lesson plans. The courts have ruled over and over that removing books from school libraries based on the ideas or viewpoints within is a First Amendment violation. So to answer your question: the government can stock the libraries, or the school board can stock them, or the librarian can stock them. The courts have even said they can select books based on age-appropriateness, accuracy and educational value. But if anyone selecting books is making a judgement call about which books go in the libraries based on the ideas/viewpoints within the books, it's a violation of the students' First Amendment rights. | |
| ▲ | mindslight 3 days ago | parent | prev [-] | | "The government" isn't necessary some monolithic centrally-commanded actor, like this vision the neofascists have been pushing. Rather, it's made up of individual people making decisions and being held accountable if those decisions are disagreeable. In this case the local librarians, who are accountable to city councils (etc), and thereby the communities they serve. |
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| ▲ | const_cast 3 days ago | parent | prev | next [-] | | School is public sector, restricting free speech in the public sector is a free speech problem. Private libraries banning books is perfectly fine and theyre allowed to do that. Public libraries aren't private. | |
| ▲ | benmmurphy 3 days ago | parent | prev [-] | | if the government is running a library it shouldn't be able to engage in view point discrimination. for example it shouldn't be able to remove all books by Democratic presidents while keeping books by Republican presidents or vice versa. the weird thing is the state via an accidental conspiracy between librarians has arguably been engaging in view point discrimination. even though this has not been legislated, or commanded by the executive and is probably in contradiction with what the current executive wants it should not be allowed either. | | |
| ▲ | nobody9999 3 days ago | parent | next [-] | | >the weird thing is the state via an accidental conspiracy between librarians has arguably been engaging in view point discrimination. What conspiracy are you talking about? Who are the members of this "conspiracy"? >even though this has not been legislated, or commanded by the executive and is probably in contradiction with what the current executive wants it should not be allowed either. Huh? IIUC, Florida House Bill 1069 (you know, the law we're discussing) was passed by the Florida Legislature and signed intolaw by the Governor of Florida. So yes, it was "legislated" and approved by the current executive in 2023. | |
| ▲ | SilverElfin 3 days ago | parent | prev [-] | | Libraries are already engaging in viewpoint discrimination though. That’s what this change to policy is trying to correct (whether it is effective at that or not). Librarians and their activist organizations are choosing to disproportionately stock and feature books aligned to progressive ideology, to bolster their personal political goals. This isn’t an accidental conspiracy - it’s literally what the ALA pushes libraries and librarians to do. They just label it in ways that make it sound academic, like “critical pedagogy”. |
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| ▲ | laurent_du 3 days ago | parent | prev | next [-] |
| Using taxpayers money to corrupt minors is not "free speech". |
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| ▲ | poplarsol 3 days ago | parent | prev | next [-] |
| All of these books are freely available if you would like to spend your own money on them, as opposed to public funds. |
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| ▲ | lesuorac 3 days ago | parent | next [-] | | Public funds are our money. They are literally our tax dollars. Also, "removing" books means the money was already spent. So it's just about whether we should waste money or not by tossing items in good condition. | | |
| ▲ | bigfishrunning 3 days ago | parent [-] | | Public funds are your money, but also the money of those who don't agree with you. | | |
| ▲ | Cerium 3 days ago | parent | next [-] | | This is why I'm ok with the fact that the library has some books I like and agree with and many that I don't care about, and some I don't agree with. | |
| ▲ | morkalork 3 days ago | parent | prev | next [-] | | A government cannot function if every person who doesn't like something gets veto on spending. Pick any topic and you'll be able to find half a dozen special interest groups against spending money on it. | |
| ▲ | epistasis 3 days ago | parent | prev | next [-] | | Our constitution is the first agreement we have on how to settle any disagreement. It can be changed, it enough people agree. | |
| ▲ | anigbrowl 3 days ago | parent | prev | next [-] | | There's a large population in this country that are emphatically not Christian, but i've never seen any organized undertaking or even a serious proposal to get rid of Bible story books from school or public libraries. Occasionally you see people submitting the Bible to a list of books to be reviewed for removal, usually in response to the establishment of such a list by law or a school district. | |
| ▲ | const_cast 3 days ago | parent | prev [-] | | I'm perfectly fine spending the money of people who don't agree with me. |
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| ▲ | 3 days ago | parent | prev | next [-] | | [deleted] | |
| ▲ | perihelions 3 days ago | parent | prev | next [-] | | The amount of public money lost litigating the losing side of this lawsuit surely dwarfs the costs of the books involved? I say again, losing side, because this failed law was very clearly unconstitutional all along—the proponents went out of their way to transfer this taxpayer money to law firms, for a stunt. | | |
| ▲ | tremon 3 days ago | parent [-] | | I think it's not a stunt but a strategy. They probably always planned to bring this case all the way to beef supreme court, so that they can neuter the First Amendment entirely. | | |
| ▲ | tstrimple 3 days ago | parent [-] | | They have been winning via attrition for decades. This shit is exhausting. If you ever stop paying attention, they'll fuck things up again. |
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| ▲ | epistasis 3 days ago | parent | prev | next [-] | | What does that point have to do anything? They are also available in schools, because the judge here enforced the US constitution. The article is about Florida politicians trying to censor books in public schools, literal government censorship. | | |
| ▲ | bigfishrunning 3 days ago | parent | next [-] | | I think the problem with these laws is that they're too general. I think we can all agree that there are topics that should not be in elementary school libraries -- I don't think my 7 year old needs to be reading about oral sex for instance, regardless of the gender or sexuality of the participants. The real problem is the nature of the wording of "pornographic", which is poorly defined as "I know it when i see it", and stretched by disingenuous people with an agenda. As a "Free Speech Absolutionist", I think as much material as possible should be in public libraries, including material that some people object to. I also think that school libraries should be curated to what is appropriate for the audience. The rub here is defining what is "appropriate". Silencing minority literature is bad. Also allowing my elementary school kids to check out "the turner diaries" is bad. There needs to be a balance. | | |
| ▲ | wnoise 3 days ago | parent | next [-] | | Topics? No, I don't agree with that. Almost any subject can be treated in an age-appropriate manner. A 7-year-old doesn't need to read about nearly any topic. Excluding any mention of all of those subjects from the school library leaves a nearly empty library. For that heavy-handed of a response to be _legally mandated_ requires not just "no need", but some strong evidence of harm. Mentions of sex, oral or otherwise, doesn't actually have much evidence of harm. Certain treatments of it might -- but that's not what the law targets, nor can effectively target. It covers mere mentions or small bits of explicit language, even where that is necessary for the effect of the book. These can and do make parents profoundly uncomfortable, though, and that is worth taking into consideration. I would think that the usual approach of professional librarians curating based on their own judgement, subject to some oversight from the local school boards to take into account these valid discomforts, but largely baseless fears would be a far better approach. | |
| ▲ | epistasis 3 days ago | parent | prev | next [-] | | In what way would you consider yourself an "absolutist" with views like these? It seems that free speech has quite a few limitations in your view. | | |
| ▲ | bigfishrunning 3 days ago | parent [-] | | Let's take the opposite approach -- should schools stock back-issues of "Hustler" magazine? What about the "Anarchists Cookbook"? should we print it and put it on the shelf of a middle school? You can say whatever you want, that doesn't make it a good idea to stock a school with it. | | |
| ▲ | epistasis 3 days ago | parent | next [-] | | I'm asking about "absolutist" and it's meaning. You replied with something different, about which books should or should not be in a school library. What does "absolutist" mean to you if you think that limits to what's in a library are a "good idea"? Remember, I'm not talking about whether there should be limits or not, I'm asking about your self-description of "absolutist" and why absolutism still has fuzzy definitions of what is allowed or not. | | |
| ▲ | bigfishrunning 3 days ago | parent [-] | | There's a difference between allowing you to say something and hiring you to say it to my kids. | | |
| ▲ | epistasis 3 days ago | parent [-] | | Got it, you have made that abundantly clear (and not that it matters but I agree.) Again: how is your belief in this compatible with being an "absolutist"? I don't know how I can phrase this more clearly, yet you repeatedly doge the question. | | |
| ▲ | bigfishrunning 3 days ago | parent [-] | | You are allowed to say absolutely whatever you want, Write it down, and sell that material without fear of repercussion. I don't know how to be more clear about this. | | |
| ▲ | ModernMech 3 days ago | parent | next [-] | | You are both completely clear yet not understanding one another. Let me try to break the deadlock: epistasis is getting at the fact that you can't call yourself an "absolutist" on free speech because your position is not absolute, but qualified -- all speech is free except speech you find problematic, which shall be regulated. That's pretty much everyone's definition of free speech, not an absolutist take. An absolutist would say there should be absolutely no content-based restrictions on what is in the library regardless of the ages of the patrons. Hustler, Anarchist Cookbook, whatever. They might justify that by saying "free speech is so important we can't place any limits on it. If you as a parent find the idea your child might access speech you find distasteful, it's up to you to prevent your child from seeing it, not the library or the government". > without fear of repercussion Let's say you write a book about being a kid and finding it uncomfortable to grow up who you are. You're free to write it, free to talk about it, free to to sell it. But then the government adds your book to a list of books they deem "pedophilic and a danger to children." Do you think you would be free from repercussions from the government publishing your book on the harmful to kids list? Can free speech thrive in such an environment? | |
| ▲ | epistasis 3 days ago | parent | prev [-] | | The government banning your book from a school library is clearly a repercussion. That's what free speech has always been about, limit the ability of the government to enact repercussions. What is "absolute" about this? Do you want your own speech to be absolutely free of repercussions to you, be they government or not? Is that it? I really have trouble trying to put some sort of consistent framework in this, unless it's dividing the world into two classes of people: those who will not experience repercussions and those who will experience repercussions for their speech. |
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| ▲ | komali2 3 days ago | parent | prev [-] | | There's not really anything in the anarchist cookbook that isn't everywhere on the internet at this point, or even youtube. |
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| ▲ | alistairSH 3 days ago | parent | prev | next [-] | | My (completely inadequate) test... would the people banning books in FL (or wherever else) apply those same rules to the Bible? If not, they're not interested in protecting the children from explicit, but rather forcing their religious ideology on the rest of us. | | | |
| ▲ | fknorangesite 3 days ago | parent | prev [-] | | [flagged] | | |
| ▲ | bigfishrunning 3 days ago | parent [-] | | The point I'm trying to make is that panicing about book bans is not how you combat these bad-faith actors. It's defining rules to satiate their stated aims, and force them to bring their other motives to light, thus nullifying their arguments. | | |
| ▲ | UncleMeat 3 days ago | parent [-] | | Their stated aims are banning any visibility of trans people in all media. |
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| ▲ | Levitz 3 days ago | parent | prev [-] | | Aren't public schools part of government? This looks like a bizarre state of affairs to me if the government can't regulate speech from the government. Say someone in the police department takes the public stance, as a police officer, that black people are subhuman degenerates, is any pushback from the government a first amendment issue? Note this is an ideological stance and doesn't involve any of their duties. EDIT: I should have done better than to comment this without the very relevant input from the article. Better late than never I guess: >A second key component of this ruling is on whether or not regulating books in school libraries constituted “government speech.” Officials for the state argued that they were empowered to make decisions about the materials in those collections because it constituted “government speech” and thus, was not subject to the First Amendment. >Judge Mendoza disagreed. >“*A blanket content-based prohibition on materials, rather than one based on individualized curation, hardly expresses any intentional government message at all.* Slapping the label of government speech on book removals only serves to stifle the disfavored viewpoints,” he wrote. While parents have the right to object to “direct the upbringing and education of children,” the government cannot then “repackage their speech and pass it off as its own.” Emphasis mine. This is frankly even weirder to me. If the government made a blanket, content-based prohibition of any material with a black character, that wouldn't express any intentional government message at all? Really? | | |
| ▲ | epistasis 3 days ago | parent [-] | | Stocking a book in a library is not speech from the government. If it were, we couldn't have religious books in school libraries, but we do. | | |
| ▲ | poplarsol 3 days ago | parent [-] | | If stocking a book is not speech then it is not a restriction on speech to decide not to stock a book. | | |
| ▲ | epistasis 3 days ago | parent [-] | | Any individual decision, no. A systematic bias over many decisions could be a restriction on speech. (Edit: some systematic biases over the decisions are restrictions on speech that are unconstitutional, but not all.) A law of the sort that was struck down is clearly an unconstitutional restriction on speech. | | |
| ▲ | Levitz 3 days ago | parent [-] | | On whose speech? It seems more and more that the elephant in the room here is that schools are part of government, but they overwhelmingly lean the opposite side of the administration and they want to exercise their speech through their positions, but the government doesn't want to allow that. Private individuals would of course enjoy first amendment protections on speech, but if you are government you don't get your speech restricted by government, that's just government. You can't eat your cake and have it too. |
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| ▲ | n4r9 3 days ago | parent | prev [-] | | > freely ... spend your own money Come on, now. | | |
| ▲ | Levitz 3 days ago | parent [-] | | Freely as in freedom, not as in free beer. | | |
| ▲ | n4r9 3 days ago | parent [-] | | Yes but we're talking about books for school libraries. IMO you're still restricting kids' freedoms by forcing them to pay for something that was previously free. Especially impoverished and/or neglected kids. |
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| ▲ | SilverElfin 3 days ago | parent | prev [-] |
| This story doesn’t have anything to do with free speech, because it isn’t a book ban. It’s about what public libraries spend money on and put on their shelves. You can still buy these books yourself, so clearly they aren’t banned or censored. Why can’t the state decide what to keep in libraries they fund? Let’s not pretend the default situation is uncensored. Librarians are mostly politically skewed to the left, as is their organization (ALA). Walk into libraries in most cities and you’ll find books on the main shelves pushing political ideas from one side, associated with movements like DEI, BLM, LGBTQ, etc. But you won’t find the other side on those shelves. And that’s the issue. Public money is being used by activist librarians, who practice “critical librarianship”, to basically censor the other side. Changes to public libraries are intended to correct that bias. |