KEN-JENNINGS wrote:
but you're explaining why it happened. I want you to convince me that it's not ok or why you think a law should exist that allows a state to arrest someone for saying something like that
I think it's okay for a law like that to exist because, whilst the freedom of expression and the freedom of the press are of absolute importance, so is the freedom of other individuals to not have their liberty and rights infringed upon by those former freedoms. For the general peace and public good to outweigh the selfish desires and views of one person. There is a way to express yourself and places to do it if you have strong, reasoned opinions. Our society will tolerate that; we're not censorious. We have a free press. People submit controversial essays and think-pieces to our major mainstream press outlets all the time. Our tabloids are a hilarious pantomime of right-wing opinion and general bigotry, a la Fox News and every idiotic shitrag you want to name in the U.S. We don't have a constitution stating a 'freedom of speech' though, no, you're right. But our common law appeals to the rights of every individual (with his/her liberty) for utilitarian benefits - everyone is free to do as they wish, with the idea it will be to the common good and benefit of all. What we do not tolerate is when someone uses their freedom of expression to incite racial hatred - that is a crime. Inciting racial hatred in a public area is a breach of the public peace and infringes on the offended parties' rights. It's as simple as that.
Again, the only controversy or debate here is whether or not someone should be held to account for things they say on Twitter - which is considered 'thoughtless', 'transient', 'meaningless'. But that isn't really the case, is it? If you are directing personally-aimed attacks at people using any communicative medium, you are harassing them and intimidating them. It doesn't matter whether the medium is a 140-character tweet, a text message (which has been illegal for years now, and no one complains about the Communications Act enforcing phone-abuse), or a rolled-up newspaper that you use to direct your voice at someone. It's abusive behaviour, plain and simple. Which we will not tolerate for our common good; which, respectfully, is more important to maintaining our law and sense of justice than one person's right to air their crass hatred for thousands to see/read/hear.
The crux of it is: this isn't so much about the fact he used the word "nigger". Over here the worst that will happen to you if you use language deemed offensive/inappropriate is a written warning or a small fine for a "breach of the peace". This is what happens to drunks who are shouting swear-words in public and refuse to quieten down and go home after several warnings. This happens in the States too so don't fuck around with this whole "freedom of speech" thing; if you are being loud and abusive in a public arena (of which Twitter can be considered one), then you're going to get ticketed and given some sort of disorder arrest. The nature of this guy's crimes, though, were personal. He was personally directing attacks at people - of a racist and vicious and threatening manner - inciting racist hatred, threatening to physically harm them, and many other things. Whether or not he literally intended it is not the point: if the victim felt threatened or abused at any point, and perceived a threat, then that is enough. That is the way our assault offences work here, whether it's face-to-face, via intimidating answer-phone messages, or over an Internet website.
So what's so hard to understand?
The fundamental difference between our legal philosophy is this: ours descends from a Roman law system focussed on justice for the common people, adapted through a melding of individual liberalism and utilitarianism (cf. Mill, Bentham), in which common good and peace derive from the combined moral interests of the individual within a wider collective. US Law is based on a strict Constitution that frames the individual at the center of everything, with inviolable rights. The result is that we end up having a lot of criminal prosecutions (i.e. brought by the State, R v) that you Americans would consider unconstitutional; on the other hand, you have a lot more civil litigation and pressing of charges that we over here would consider frivolous (because we have less of a focus of justice for individual concerns). Both systems have strengths and weaknesses.
Last edited by Uzique (2012-04-04 04:24:19)