• 0 Posts
  • 23 Comments
Joined 5 months ago
cake
Cake day: November 12th, 2024

help-circle

  • I understand and sympathize with your point, but unfortunately the law will never be that simple.

    To use your example, you walking up to me and saying “hand over your money or I’ll kill you” is not justification to respond with lethal force per se. The missing element here is assault - in other words, I have to believe you both are able and intending to do me harm before I can respond with force. If no reasonable person would believe that what you said was actually a threat (like, for instance, if you were a five year old) then I’m still not justified in harming you in self defense.

    Suddenly the lines are super blurry and the slopes are super slippery and its absolutely impossible to tell what a threat of violence is.

    Yes. They are. And that was your first example, the one meant to be unequivocally black and white.

    The problem here is fundamentally an epistemic one. The law is not a thinking, reasoning being. It is merely a system of procedures. The law does not know - it cannot know - the difference between right and wrong. It only knows what the rules are, and those rules may be wrong.

    You might think that there is absolutely no reason to advocate for the mass murder of an entire group of people. And under 99.9% of circumstances, I would agree. But if the zombie apocalypse broke out, I might find myself in favor of killing all of the zombies - and legally, there’s no reason that wouldn’t be genocide.

    The law doesn’t know whether zombies are people. It doesn’t know whether or not we are. Therefore, there must be some way to have discussions about the law that are above (or outside the scope of) the law. That’s what politics is, fundamentally: the discussion of the law that’s untouchable by the law. Even if we tried to make certain political stances illegal, we wouldn’t succeed, because that is one area in which the law is necessarily blind.

    So we can’t curtail the first amendment.

    We can’t execute Nazis.

    But we could lynch them, as that would be a political act and not a legal one.


  • Hard to be the breaking point when it’s already broken. But if it weren’t broken already… then I think it actually might.

    What we could do is make “journalist” a protected profession. So just like you can’t call yourself a fiduciary unless you hold to a certain set of ethical guidelines, you wouldn’t be able to call yourself a journalist unless you agree not to lie (among other things). So if you forgo the title of journalist, you can say whatever you want (obviously the other laws still apply, so you still can’t slander or libel, and if spreading misinformation causes harm you can still be liable). But if you are calling yourself a journalist, you voluntarily assume a higher standard for what you are allowed to say.

    I think that would avoid any first amendment issues. But I’m not a lawyer, so please don’t take my word for it 🤣









  • I think it is. Not in a nationalistic sense - we’ve done a lot of harms in the world. Maybe more harm than good, even. But there’s still a lot worth saving here. (USA)

    If you just walk around and talk to people on the street, we’re still one of the most progressive people around, despite everything. The US is a melting pot, a country of immigrants, and therefore a fierce battleground for ideas and ideologies. Right now the fascists are in power, but that doesn’t make them the majority.

    I really do think that if we get past this, we’ve got the “bones” to create something really great.

    And that doesn’t even include American culture. Sure, there’s things I don’t like, but there are some really good parts, too.

    We’re loud. Gregarious. We’ll strike up conversations with complete strangers. Most Americans are culturally curious, too - we like to try foods from other places, we’re fond of foreign movies and media, and we have a weird fascination with people who speak other languages (even though most of us only speak English).

    Many of us see ourselves as citizens of the world, not just our own country. We like the idea of the US being a “global superhero” standing up for democracy and human rights. I know that’s mostly propaganda, and the real history of US intervention is more about maintaining global capitalism. But it doesn’t have to be that way. We could actually help the UN, defend Ukraine, defend Palestine, push for peace. The cultural groundwork is already there, we just need a more democratic system so that the will of the people is actually followed.

    If you look at US history, you’ll see a lot of bad. That’s the nature of the two party system. But we have had some really good times, too. We have had leaders like John Quincy Adams, Abraham Lincoln, Teddy Roosevelt, FDR, and Jimmy Carter who have done a lot of good. And that’s just presidents, we’ve also had activists and leaders fighting for what’s right throughout our whole history.

    They didn’t spring up from nowhere. Those people have always been here, and they’re just as “American” as the bad ones. In a sense there are two "America"s. There always have been. And, as in every generation, it’s worth fighting for.