Re: free speech? (was: nuremburg files judgement)

From: Michael Lorrey (retroman@together.net)
Date: Mon Mar 01 1999 - 20:58:36 MST


Timothy Bates wrote:

> >>Randall Randall he do say
> >>> I'd want *any* free speech allowed, even "Fire!" in a crowded
> >>> theater... Of course, this would always be covered by contract...
>
> >>> Also, I do not believe that lying should be illegal, when
> >>> it is not fraud (returning no value for value recieved.
>
> too radical for me Randall ;-)
>
> I think lieing is always fraud (bad information sold as good).

Only when the lie is sold for actual value, guarranteed as good. If its free
information, well, you get what you pay for.

> I am confused about the fire in a theatre example. I agree with you that it
> implies you have a contract with people that you may not have and i worry
> that enforcing the "no yelling fire" law makes it possible to enforce
> community standards laws like "no selling hustler magazine in our town".

The point of the crowded theater anecdote is that you have a large number of
people crowded in a small space. They are obviously infringing on each others
personal space, and the exit pathways and doorways are obviously inadequate to
deal with a panicked mob, so by entering the theater, you enter into an implied
contract to constrain your behavior to that fitting such a crowded space. I
don't just apply it to speech. Anyone who farts in a crowded theater should be
roasted over hot coals, an inch at a time.

> I agree with Larry Flynt that the community has no right to dictate
> standards about speech of any form.

Not when it comes to products sold in private businesses or used in the privacy
of one's home. In public though? A penthouse playmate walking down the street
buff in a retirement community is likely to become a homicide offense..

--
TANSTAAFL!!!
   Michael Lorrey, President
                        Lorrey Systems
------------------------------------------------------------
mailto:mike@lorrey.com
------------------------------------------------------------
"A society which trades freedom for some measure of security
shall wind up with neither."   -----Benjamin Franklin
"The tree of Liberty should be watered from time to time
with the blood of tyrants and patriots."
                               -----Thomas Jefferson
"A well regulated militia being necessary to the security
of a Free State, the Right of the People to keep and bear
arms shall not be infringed."  -----US Constitution,
                                    2nd Amendment
"You can have my gun when you pry it out of my cold, dead
hands..."                      -----Anonymous
"Once we got their guns away from them, taking their
money was REAL easy."          -----Unknown North Korean
                                    Commissar


This archive was generated by hypermail 2.1.5 : Fri Nov 01 2002 - 15:03:12 MST