[Friscobay]

Originally Posted by Skybird

Freedom of speech knows pragmatic limits, and quite fundamental ones, even in the US. Beside ideological content and transportation of questionable content, one has to understand that freedom of speech is not "per se", but depends on situation (space) and time context. Because: nobody is free to say what he wants anywhere, at any time, to anybody even if that anybody does not want to listen and does not want to be bothered. What you are free to do is not to always, at any occasion, voice your opinion, but to work for a context or secure a situation where you have the right to do so indeed, and that means: if you want to hold a public speech, you lease time in a hall or a studio, or you build on your property an assembly house. Or you write a book or found a newspaper to express your views. In other words: freedom of speech is something that can be practices if you "possess the circumstance", and are the owner of the time and space where you do so. You have no freedom to just bother anyone, anywhere, because that would be a violation of their freedom - namely the freedom to not needing to care for you and not being bothered by you.

Such general, abstract rights are suprisingly vague and meaningless, if you do not understand that they hint at their nature of being property rights. It's the same with human rights, all of which only make sense and are not just abstract philosophical babbling when you incarnate them in solid material terms and conditions that again manifestate anything you link to the term human rights, to property rights, starting with the right for humans to own their own body.

This is often misunderstood or better: is notoriously ignored. And the result is an endless abstract, vague, pathetic babbling that in its corer and center has no substantial point.

You are free to speak your mind only under some circumstances, and occaisonas, in some places. Their is no general right for "free speech "anywhere always".

In this forum, Neal makes the rules, and if he says this and that topic is no go from now on, then this is perfectly okay, because he is the owner of this place. He is free to make it a very "liberal" (in the meaning of free, tolerant) place indeed and allow many things that in other forums are banned from discussion for sure, and he is free to define what goes and what not. But that is his free decision and right, he is not obligated to allow just anything, from anyone. If he would run a tighter policy, this in no way would serve as an excuse to claim that he in general is an obstacle to free speech. He only would practice a property right, which in this case is the right of the house owner.

My place, my rules. Freedom of speech finds its limits where it collides with the property rights of others. And that is becasue freedom of speech is a property right itself, has property rights (space, time) as a precondition.

This may be the rule in Germany.

It is not in the US.

Indeed, from Associate Justice OW Holmes famous ''fire in a crowded theater'' comment which was a portion of the nations landmark free speech decision in 1919s SCHENCK , the US divided speech into that which can offend, and that which represents, a ''clear and present danger''. What you speak of where Neals oversight of SUBSIM is concerned, is that of the individuals willful entry into an arena where a compact is agreed upon bearing upon activity that includes the regulation of speech, [ ''Terms of Service'' and other devices used to regulate speech by owner-operators ].

That is one thing, and represents an area where speech can be regulated.

However, within the wider world of public and even private association and discourse , individuals are not protected from ''speech which offends''. It does not enter either into realms of ''space'' or ''time''. Only , as in SCHENCK, of offensive speech, and that which threatens. Immediately threatens. For such reasons then, do we find that America remains the least regulated of all industrial nations in the use and advancement of free speech, and becomes the only one to codify it within its very first amendment, of the Bill of Rights. Here, ''bothering'' others, is a national pastime in this nation for whatever the socio-political reasons that trigger the start of the soapbox derbies and their attendant debates.