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

Michael Lorrey (retroman@together.net)
Mon, 01 Mar 1999 22:58:36 -0500

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..

--
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   Michael Lorrey, President
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