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April 2016

gayp0c:

Why do white people feel like they’re doing you a favor by not being racist

They can only ever claim that they aren’t racist. They can never prove it.

And it’s never to try and make people of color feel safer, it’s always to absolve themselves of any guilt.

Apr 3, 2016 56,378 notes
#society
Apr 3, 2016 179,872 notes
#culture #society

March 2016

niigue:

Gamergate cries out against corruption in the gaming industry and insists that they’re facing oppression. But the next moment, they weaponize a serious issue like pedophilia, twist words, and rally to get an innocent woman fired from Nintendo because she doesn’t share their political beliefs.

Gamergate has never been about fighting corruption. From its inception, they cared only about preserving their little boys’ club in video games. They’re as sensitive as the strawmans they make of SJWs; they fight criticism with shaming, death and rape threats. They actively hold back games as art.

And through this recent controversy, Nintendo didn’t even try to support their employee. They cared more about image than integrity. It’s a reminder that even though Nintendo makes great things and touches many lives, they’re still largely an emotionless, money-driven corporation.

So shame on Gamergate, and shame on Nintendo for firing Alison Rapp.

Mar 31, 2016 80 notes
#culture
Mar 28, 2016 1,223 notes
#politics
THE MORALITY OF MISANDRY

Before I begin, let me start of by saying this: yes, misandry is real.

However, misandry is not evil.

Confused? You shouldn’t be. Misogyny is the enforcement of patriarchy, designed to plant a foot firmly on the face of women worldwide. Misandry is simply a natural reaction to patriarchy.

Compare it to terrorism. We hate terrorists because they drive fear into the hearts of everyday citizens. We do not want them to accomplish their goal of harming us, nor do we want to be bound by the fear of their violent threats. We have a desire to fight against them because we want to protect ourselves from them, as well as prevent their ideology from spreading.

Think of misandry as a sort of anti-terrorism. Except in this case, the patriarchy are the terrorists.

Would you not hate an abusive person? Is it not reasonable to despise those people who actively harm you? Then why is it that hating men is so condemned? If it’s perfectly normal to have contempt for the people that directly benefit from your oppression, why is misandry seen as the opposite equivalent of misogyny?

Misandry is a necessity in a world where women are made to apologize after a man exploits them.

Mar 28, 2016 4 notes
#misandry #feminism #social justice #patriarchy #sexism #essay #culture #society #New Society
Mar 28, 2016 95 notes
#society #culture

feminismfuckyeah:

just gonna leave this here 

Mar 28, 2016 269,660 notes
#culture #society
North Carolina is getting sued for its terrible, horrible, no-good, very anti-LGBT lawbuzzfeed.com

gaywrites:

It’s official: North Carolina is getting sued for the passage of HB2, the law that bans LGBT nondiscrimination protections and forces transgender people to use the wrong bathrooms.

Lambda Legal, the ACLU, the ACLU of North Carolina, and Equality North Carolina filed a lawsuit challenging HB2 on behalf of three individual plaintiffs and two advocacy groups (the ACLU of NC and Equality NC). 

The lawsuit argues that the new law denies LGBT people equal protection rights under the Fourteenth Amendment because the new law was designed to single LGBT people out for discrimination and less protection.

“H.B. 2 was motivated by an intent to treat LGBT people differently, and worse, than other people, including by stripping them of the protections afforded by the City of Charlotte’s Ordinance and precluding any local government from taking action to protect LGBT people against discrimination,” the lawsuit alleges. By doing so, it continues, “H.B. 2 imposes a different and more burdensome political process on LGBT people than on non-LGBT people who have state protection against identity-based discrimination.”

Hell yes. Do the damn thing, y’all. Take. It. Down. 

Burn it all down.

Destroy the “law” that was passed in the dark of the night. Destroy the state government that allowed this to happen. Destroy those who would attempt to defend this measure as some sort of “freedom” or “right to comfort.”

Leave nothing standing.

Mar 28, 2016 3,577 notes
#politics
Georgia Governor vetoes controversial "religious freedom" billnewschannel9.com

You would think that this is a good move, but it’s nothing more than caving to corporate pressure.

Had Disney, AMC, NFL, et al. not threatened to cease productions and events in Georgia, this bill would have been signed without issue, even in the face of public protests. This has already happened in North Carolina.

Governor Deal does not care about the citizens of Georgia; his only concern, like the Republicans he aligns himself with, is to ensure that corporate interests are met. And the corporations that put the pressure on are only in it for profit, anyway. They’re taking advantage of the social media firestorm so that they may receive positive press for “taking a stand,” while stealing the support of those who haven’t see through the veil.

They don’t really care about us.

Mar 28, 2016 16 notes
#politics
Mar 28, 2016 194 notes

People don’t seem to understand why we use “it’s 2016″ or “it’s the current year” in our arguments.

It’s the shorthand version of “this is long overdue, why are we just now getting to it?”

It’s the current year. Some of our society’s problems with obvious solutions still haven’t been rectified. No excuse is good enough.

Mar 28, 2016 2 notes
#it's 2016 #it's the current year #social justice #feminism #society #culture
Mar 28, 2016 20,823 notes
#politics

bisexualmindylahiri:

supernatasha:

The United States of America is only one of two countries that has not approved and accepted the Convention on the Rights of the Child. The other is South Sudan, which has already begun the ratification process. 

Among other things, the CRC ensures children under the age of 18 have the right to life, identity and name, education, freedom of expression, equal opportunity, healthcare, psychological recovery, cultural sensitivities for minority/indigenous groups, and access to information [x].

The lack of the CRC in the USA is part of the reason why it is okay to send children to abusive “camps” that attack their identity as LGBTQ+ minorities, enroll them in private schools that intentionally deny students opportunities to learn about science (particularly anatomy and sexuality), and sign away their children’s rights to the state.

It is also why juveniles in the USA can be sentenced to life imprisonment with no chance of parole, a legal implications that particularly affects people of color, especially Black and Latinx children. 

The CRC also specifies that children should not be disciplined in a manner that is considered abusive, and the USA therefore does not regulate the “discipline” occurring in homes of at-risk children, even when it qualifies as mental or emotional abuse. 

Due to the lack of the CRC, children can be relocated against their will (eg, deportation/trafficking) to potentially dangerous and life-threatening places, can be separated from their parents, or can be kept in isolation. 

Basically, the United States, which claims to be a great champion of human rights, has consistently refused to ratify or even introduce the bill to ratify the Convention of the Rights of the Child.

Update on this (2016): USA is now the only country not to ratify the CRC. [x]

Over half of public school students are poor enough to qualify for lunch subsidies, and almost half of black children under the age of six are living in poverty. [x]

The US is one of two “developed” country with the lowest standards for child well-being (Romania is the other). [x]

16 million kids live in poverty and 138 thousand kids are homeless (2013-2015). [x]

Homelessness in children has increased by 60% in the past 6 years. [x]

In 2001, 325,000 children were at risk for becoming victims of sexual exploitation in the United States. [x]

Of all sex trafficking victims in the USA: 17% are underage girls and 10% are underage boys. [x]

Mar 28, 2016 66,209 notes
#society
Mar 28, 2016 13 notes
Mar 28, 2016 7 notes
#politics
THE INCONVENIENT TRUTH ABOUT RACISM

With a title like that, I’ve more than likely made some of the people reading this more than a little bit uncomfortable. I’m sure there are some of you out there right now, thinking, “She’s going to call me a racist, isn’t she? I dare her to try.” Even more of you are likely thinking that no matter what, you couldn’t possibly be a racist. You have black friends, or judge people by the content of their character, or voted for President Obama, or never use racial slurs.

Those of you who are so adamant about ensuring that you are not racists, I have bad news. You’re probably racist.

To dispel the first argument to drip from my critics’ lips—no, not everyone can be a victim of racism. And to dispel the inevitable follow-up argument, racism is not simply “prejudice, stereotyping, or discrimination on the basis of race.”

Racism began through conquering certain people groups, and has been facilitated through the enslavement of those groups. Aristotle, the Greek philosopher, referred to non-Greeks as “barbarians,” the equivalent of uncivilized human beings, in order to justify the persecution and enslavement of non-Greek peoples. Of course, throughout the centuries, this idea of the “uncivilized man” would continue to evolve, until it began to describe native Africans. The Tunisian scholar Ibn Khaldun referred to native Africans as “humans who are closer to dumb animals than to rational beings,” justifying the enslavement of their race. “Therefore,” he continues, “the Negro nations are, as a rule, submissive to slavery, because (Negroes) have little that is (essentially) human and possess attribute that are quite similar to those of dumb animals, as we have stated.” Even the term “Negro,” coined by Portuguese traders in 1442, was coined to effectively divide the white Europeans from the black Africans, thus relegating them to the “other.”

This concept of “othering” would be the basis on establishing the concept of race, which is nothing more than an attempt to divide humans based on skin color and common physical traits associated with that color. In all instances, the white European race were seen as having the most desirable skin color and associated traits, establishing their “superiority,” which is the driving force behind racism. Because of the white Europeans establishing themselves at the top of the pyramid centuries ago, the prejudices associated with being “non-white” continue to be perpetuated today. White Europeans effectively colonized a grand majority of the world, bringing their prejudices with them and using them for the purposes of subjugation, as history notes in the transatlantic slave trade, the conquering of Native American tribes, and British Imperial rule over India, Australia, Africa, and the Asian Pacific. Because these practices of subjugation were so effective, no other conquered nation but India has been able to emerge as more than a global Middle Power. The only other non-white Great Powers, China and Japan, benefit from their absence in European colonization and global slave trades, and from the many positive stereotypes attributed to East Asian races. It can also be theorized that the lighter skin tone of East Asians allows for a certain degree of privilege among non-white races, as darker-skinned Asians are more likely to be discriminated against for their race. This is why we use the term “people of color” to define disprivileged races.

What do these effects have to do with racism? Everything. By establishing themselves not only as the “superior” race since the coining of the term, but also effectively preventing the dark-skinned races from attaining global power, white Europeans have firmly established themselves as the privileged class, worldwide. They have not experienced oppression based on the sole status of skin color (anti-Irish prejudice does not count, as their oppression was less about race and more about anti-Catholic and classist practices). They have not had their lands stolen and their people systemically eradicated through genocidal practices. Their nations have never been considered “third-world countries.” Therefore, we can say, without a shadow of a doubt, that the white race is the only one that can claim to be outright privileged.

Because race was established as a system to “other” for the purposes of division and oppression, it is foolish to believe that racism is any more than the result of power and privilege working in tandem. As we’ve established, the white race has seized both, and remains in control of both in our global society. And, because racism has been used through history to justify subjugation and to further cement the white race as “superior,” it is equally foolish to say that anyone but the white race can engage in racism or hold racist views. To clarify, this does not mean that people of color cannot be prejudiced, but that they cannot use such prejudices for the purpose of perpetuating institutional powers in order to subjugate others based on race. In short, racism is power plus privilege.

And now for the bad news: Any white person reading this essay is indeed a racist, no matter how much you wish to deny it.

Allow me to explain. A racist is one who is both privileged and socialized on the basis of race by the system that sees the white race as “superior” (a white supremacist system). Because whites worldwide fall into this category, all whites should be considered racists. It is important to note that racism is not a state of mind, nor is it always an individual action. Racism is the result of whites seizing global power over other races, and exploiting that to etch the idea of white supremacy into the minds of other races. Once again, because whites are not and cannot be discriminated against on the sole basis of race, they cannot be victims of racism. “Reverse racism,” or the idea that whites can be victims of individual acts of prejudice on the basis of race, is a term used to deny the fact of white privilege. It is often used out of ignorance of how racism is defined, as well as the misconception that people of color acting out of prejudice against the white race is somehow morally wrong. Though unjustified violent acts and sexual crimes will always be moral wrongs, regardless of who commits the crimes, prejudice against the white race on the sole purpose of race is not a moral wrong, and never will be, for as long as the white race holds worldwide institutional power.

What, then, is a non-racist? This term was created by whites to deny their responsibility and complacency in systemic racism, in order to maintain their innocence in the face of racial oppression, and to shift the responsibility to people of color. This is, in effect, victim-blaming. The responsibility for perpetuating, legitimizing, and benefiting from a racist system lies with those who actively maintain it and those who refuse to challenge it. To remain silent in the face of oppression is to consent to it. Being apathetic to it may as well be the same as vocally supporting it. However, being a vocal anti-racist is not enough to suddenly wipe racism from a white person. So long as the structure stands, whites will always be racist. If white people want to clear themselves of their racism, they must do their part in ensuring that these structures are dismantled completely. Inequality comes in all forms, and in our global society, the challenge is to destroy white supremacy wherever it may stand—even if it means radically transforming the nations that perpetuate it.

However, if you are more concerned with absolving yourself of the label of “racist,” you will never lose that label. Your goal, as a white person, should be the end of racism for the benefit of people of color, not the benefit of yourself. A racist will go out of their way to fight any accusation of racism, all while exhibiting textbook racism. You are not a racist because you treat people equally. You are not a racist because you admire the Rev. Dr. Martin Luther King, Jr. You are not a racist because you support Black Lives Matter. You are a racist because of your heritage and because you refuse to renounce that heritage and dismantle everything it stands for. You cannot (supposedly) hate racism while still loving everything that enables racism and stems from the fact that we live in a white supremacist culture. It’s the equivalent of calling yourself a vegan as long as you didn’t kill the animal, even though it’s perfectly fine for you to load and hand over the gun that did the killing.

“But not all white people,” right? Of course, some people may bear the mark of a racist, but certainly you don’t, right? Consider that by saying such things, you state that reinforcing your own self-image or reputation is of more importance than acknowledging the immorality of white privilege, and the harm faced by its victims, who have their pain flung back in their faces because they should cater to your sensibilities first and foremost. Further, you ignore the possibility that you are enabling such structures of privilege and any responsibility you had in perpetuating it. Even if you were hypothetically innocent of perpetrating racism, you are invalidating the struggles of people of color who have to climb uphill every day just to get to the place you were born at. Do you honestly think things would be better if, when discussing how whites are racist, we pointed to you and said, “You’re the exception, though”?

If you are white, and you are not an active anti-racist, you are a racist. Period.

Mar 23, 2016 1 note
#racism #social justice #white privilege #oppression #black lives matter #colonialism #intersectionality #intersectional feminism #sj #social dynamics #essay #New Society

Incoming essay on racism. This one will likely make people very angry. I request that you read it to completion and consider what it says before reacting.

Mar 23, 2016
#NT
Mar 23, 2016 11,203 notes
#politics #society
Mar 23, 2016 317 notes
#society
This Is What It’s Like to Be #BlackInMSA

bruised–galaxies:

smoothmango:

muslimgirlnet:

Muslim students come to Muslim Student Associations (MSA) seeking safe haven and belonging, but black Muslims find further alienation instead.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

THIS MAKES ME REALLY SAD. After reading this, I want to look into my MSA and make sure that this racism does not exist and if it does, we’re going to fix it. Wishing my beautiful black brothers and sisters all the best. You guys are absolutely amazing and I’m sorry that the world continues to shun you. 

Mar 21, 2016 5,291 notes
#culture #society
Mar 21, 2016 33 notes
#politics
Mar 20, 2016 26 notes
#politics

The Walking Dead introduces another LGBT character, only to kill them off just a few episodes later. So diverse! So progressive!

We are not disposable.

Mar 20, 2016 2 notes
#the walking dead #thewalkingdead #notdisposable #lgbt #culture
“

Zootopia is a cartoon. That means it’s drawn. That means that what’s there is there intentionally, not accidentally. I sat back in my chair and the movie began.

Your movie had several themes but one was about difference and one was about inclusion. Inclusion! Now the inclusion here was about the first rabbit on a police force of primarily big animals, many of whom are predators. Not only wasn’t there a character with any kind of disability, why would a movie about inclusion need that, there wasn’t even the slightest concession to disability. No ramps. No curb cuts. No disabled access symbols.

Does that mean disability was erased?

No.

Not at all.

Though we didn’t see a disabled character of any kind. We did see a wheelchair. And where was that wheelchair? It was in a dark and scary place where people were locked away in cages. I shit you not. This means that you who wrote and drew this film about ‘inclusion’ not only knew about wheelchairs but decided to use them as decorations to heighten the scariness of a place.

Nice.

Real nice.

…

The message of Zootopia is that people shouldn’t give into prejudice and everyone should be respected and admired no matter the difference.

I call you the creators of Zootopia, frauds, and your message, fraudulent.

You claim to want inclusion but you pair disability and wheelchairs with scary music and dark places. Nice. Here’s something you need to think about. Your audience for this film, children are a more diverse group than you clearly can imagine. Ruby and Sadie go to school with kids who have disabilities. They are school mates, classmates and friends. To show children, who live in an inclusive world, a world that not only doesn’t include disability but eradicates it, is irresponsible.

I sat there as a disabled adult, in a wheelchair, dismayed at the presentation of a wheelchair as a scary thing. Can you imagine the effect that would have on children with disabilities.

So not only did you ‘fail’ on the inclusion message, you send a very different message. Disability, bad. Disability, scary. Disability needs to disappear.

”
— Open Letter: Zootopia by Dave Hingsburger 
(via autie-commie)
Mar 20, 2016 723 notes
#culture #society
Mar 20, 2016 182 notes
#culture #politics
Mar 20, 2016 80,541 notes
#society
Georgia anti-LGBT bill could prevent Atlanta from hosting a Super Bowlcbssports.com

gaywrites:

Georgia is really, really close to passing a law that could legalize religious-based discrimination against LGBT people. 

Lots of people care about this, because discrimination is wrong. But there’s a new twist that has even more people paying attention: if the bill becomes law, the NFL might ban Atlanta from holding any more Super Bowl games while it’s still in effect. 

“NFL policies emphasize tolerance and inclusiveness, and prohibit discrimination based on age, gender, race, religion, sexual orientation, or any other improper standard,” the NFL’s statement said. “Whether the laws and regulations of a state and local community are consistent with these policies would be one of many factors NFL owners may use to evaluate potential Super Bowl host sites.”

Arizona lost out on hosting a Super Bowl after the 1992 season because the state didn’t honor the Martin Luther King Jr. Day.

Falcons owner Arthur Blank doesn’t want to see something similar happen to his city, especially since he’s set to open a $1.4 billion stadium in 2017.

“One of my bedrock values is ‘Include Everyone’ and it’s a principle we embrace and strive to live each and every day with my family and our associates, a vast majority of which live and work in Georgia,” Blank said in a statement. “I strongly believe a diverse, inclusive and welcoming Georgia is critical to our citizens and the millions of visitors coming to enjoy all that our great state has to offer. House Bill 757 undermines these principles and would have long-lasting negative impact on our state and the people of Georgia.”

Because that’s how we get the majority of people to pay attention to discrimination: sports. I’m not putting this strategy down, since we can use all the help we can get. That said, I wish people cared about legal discrimination for more reasons than it affecting the future of football. 

Mar 20, 2016 466 notes
#society
Mar 20, 2016 41 notes
#politics
Mar 20, 2016 277 notes
#CrushTrump
PRIVILEGE AND THE PRESUMPTION OF INNOCENCE

“The necessity of proof always lies with the person who lays charges,” as the saying goes. This idea has so permeated our idea human rights, it has even become a logical fallacy to shift the burden of proof to the “defendant” in the matter.

The presumption of innocence uses three rules in its execution. First, that the plaintiff/prosecution (accuser) has the entire burden of proof with regards to the essential facts of the case—that the accusation is valid in relation to the defendant (accused). Second, that the defendant has no burden of proof whatsoever, and can elect not to testify or present evidence, and that this decision will not be used against them. Third, that any judge or jury cannot let their own presumptions affect their ruling, and the case must be decided solely on evidence presented during trial.

However, in the legal sense, the presumption of innocence is inherently biased. Take into account what the initial idea is in fact saying: “Let’s assume that the accuser is lying.” From the start, the deck is stacked against the accuser, which some may see as perfectly reasonable. If there is sufficient proof to corroborate the accuser’s accounts, then a presumption of innocence would not matter, correct? This is also a flawed assumption, as it places responsibility on the accuser to provide evidence to validate their claims, evidence that may not always be present.

Take, for example, an accusation of rape. If a woman revokes consent during sex, but a man continues with intercourse, she has been raped. She did not record the incident, nor has any evidence outside of her claim. Should such an incident be taken to court, the man would be acquitted, based on the burden of proof being on the accuser. In spite of the fact that a crime has been committed, the man would not have to defend himself, as he has no burden of proof whatsoever. Therefore, he would be acquitted of the crime, based solely on the presumption of innocence.

Consider this: All criminals are considered innocent until proven guilty, but all victims are considered liars until proven otherwise.

How does that make you feel? Does it make you confident that justice will prevail in our legal system? Remember that the system has failed many times before; many guilty criminals have been exonerated by the clause of “reasonable doubt,” which in itself is problematic. The “reasonable person,” in such examples, is only defined by how individuals idealize rational-mindedness. In such, the standard for what is “reasonable” will differ from person to person. Using the rape example once more, someone’s idea of a “reasonable person” may be one who understands affirmative consent, while another person’s may believe that intoxicated people may freely give their consent. This may put the undereducated or people of lower income at a disadvantage, not understanding the standards of “reasonable doubt.” And, of course, there exists the judgment notwithstanding verdict, where a judge may overrule a guilty verdict if they believe the jury did not understand “reasonable doubt” to an expected level (as with Liebeck v. McDonald’s). When even the legal system acknowledges that the concept of reasonable doubt does not work, how can we expect justice to be done accordingly?

There exists the idea of mob justice, of course. Although frowned upon openly, the idea still exists within the concept of public shaming. George Zimmerman, for example, may have been acquitted of the murder of Trayvon Martin, but he has still been deemed guilty by the civilian populace, and shamed repeatedly by the media as a result. Although he may not see jail time for his crime, he will forever be known as a racist murderer, and has had his reputation completely tarnished. In some ways, this is a worse fate for him than a prison sentence, being cast out as a social pariah for the remainder of his days.

Let’s walk things back for a moment. The problems with the justice system are not limited to the presumption of innocence and the standard of reasonable doubt. There exists another issue that is much deeper—one that permeates our modern society. As you may have guessed, I’m talking about racism.

Blacks are statistically more likely to be arrested than whites. They are more likely to remain in prison awaiting trial than whites, receive sentences 10% longer than whites for the same crimes, are more likely to waive their right to trial for a reduced sentence (even when they are innocent!), and represent the largest population of inmates. Additionally, black males born after 2001 are five times more likely to receive a prison sentence than white males. By comparison, Latino males are three times more likely than whites to be imprisoned. Consider this, as well: ex-convicts are more likely to receive callbacks from employers if they are white (17% get calls back) than if they are black (only 5%). The evidence is clear: the justice system is not blind, much less colorblind.

The system privileges the wrong people. The defendants have a distinct privilege, not being required to prove themselves innocent—unless, of course, they don’t happen to be white. What can we do about these issues? Nothing simple, unfortunate to say. We would essentially have to tear down the current justice system and rebuild it in order to make it truly just.

College campuses have disciplinary hearings that our justice system can learn from. For example, they operate on a preponderance of evidence, meaning that “reasonable doubt” is not the standard of proof, in favor of “more likely than not.” Defendants are required to prove that they are innocent, instead of leaving the burden of proof on the accuser. While some may say that this is equivalent to a standard of “guilty until proven innocent,” it is not quite that. The standard of proof is on both parties, maintaining a balance between accusations and defense. Instead of one judge, or a jury of peers that could be manipulated, a committee presides over hearings, and delivers the final verdict. This is significantly closer to perfect procedural justice than our current system entails.

However, there are times where it does take mob justice to deliver justice. If our system fails to act where it should in punishing the guilty and exonerating the innocent, it is up to the people to take justice into their own hands, and do what they must in order to ensure that righteousness is delivered properly. Whether this be through the aforementioned public shaming, or through more violent means (such as riots against structural injustices and inequalities), it is the duty of our society to ensure that we achieve and maintain true social justice.

Mar 9, 2016
#sj #social justice #criminal justice #justice #essay #racism #inequality #oppression #New Society

February 2016

My next piece will be on the current state of our justice system. Look forward to it this week.

Feb 8, 2016
#NT
ABRIDGING THE FREEDOM OF SPEECH

The framers of our the United States Constitution have often been romanticized as some of the wisest men to ever walk the earth. Criticizing the ones who shaped the United States is tantamount to treason. Similarly, the US Constitution is held up as an faultless document—the gold standard of how to run a nation. Within that, the Bill of Rights holds a particular reverence, shaping the very ideas of inalienable rights for Americans. Most important of these rights is the freedom of speech, guaranteed by the First Amendment. “Congress shall make no law … abridging the freedom of speech,” it reads. Simple and straightforward, the right to free expression is guaranteed.

Consider in recent years that there have been limits imposed on free speech. In the case of Miller v. California, the Supreme Court deemed that obscenities were not considered protected speech. Obscenity, according to the Miller test, is anything that an average person, “applying contemporary community standards,” would find offensive or objectionable. Similarly, speech is not considered protected if it constitutes a reckless or intentional infliction of emotional distress, though the Supreme Court has only extended this to speech against private figures (Hustler v. Falwell prevented it from covering public figures). In Virginia v. Black, it was ruled that speech intended to intimidate, such as cross-burning, is not Constitutionally protected.

The common ground that these rulings stand on is the idea that contemporary community standards define the speech that we do not consider free, as such speech can cause real-world harm. As humans, it is our responsibility to minimize harm wherever possible, and speech is no exception to this rule. Speech can be used to destroy lives, to dehumanize people groups, and to influence others to cause harm. We acknowledge the dangers that certain forms of speech have. Therefore, it is only reasonable that speech that glorifies or otherwise supports standards that are not welcome in our contemporary community should be prohibited.

Unrestricted free speech is not a right, it is a threat. It allows for the spread of ideas that can cause a clear and present danger to others, whether it be individuals or entire groups of people. The Supreme Court has acknowledged as much by restricting speech that seeks to intimidate, “fighting words,” and obscenity. It is important that we recognize that it is not the words that deserve restriction, but the ideas behind them. Our contemporary community has already deemed forms of bigotry such as racism and sexism as unacceptable, and those who exhibit such ideas are rightfully ostracized. However, the ideas remain, and the concept of free expression is to blame for it. Groups such as the Ku Klux Klan, Neo-Nazis, Mens Rights Activists, the Westboro Baptist Church, among others, are given the right to demonstrate, so long as they are “peaceful.” Consider though, that the ideas that these groups espouse have been used in the past to disparage others, and to justify oppression and even murder. It stands to reason that the expression of such ideas, because of the harm they have led to in the past, should neither be considered peaceful, nor should they be remotely protected under any rule of law. Again, because we recognize and accept that these ideas are objectionable in our contemporary community, they should not be expressed, both because of their destructive capabilities and because their expression contributes to their survival. By continuing to say things like “protecting free speech means protecting unpopular ideas,” we allow the spread of bigotry, hatred, and the violence that goes hand-in-hand with them. And by that, we are implicit in the crimes associated with them.

There is a common misconception with the idea of free expression as an absolute right. We must acknowledge that freedom of speech is nothing more than a legal right, and as such, can be subjected to limits. In fact, there is no country in which freedom of speech is an absolute right, being subjected to limitations based on obscenity and incitement to commit crimes. Concordantly, we must recognize that limits must be placed on rights such as the freedom of expression when social values conflict. Some would argue that the government should not exercise such powers, since it would be considered a form of unethical control or outright tyranny. This stands in contrast to the harm principle, coined by John Stuart Mill, author of On Liberty. The harm principle states that, “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.”

As previously detailed, the unrestricted right to free speech will ultimately give safe harbor to harmful ideas, which ultimately lead to harmful actions. Because these exercises of free speech can be linked to physical violence, psychological trauma, and social harm, it is necessary to modify the harm principle into the offense principle, which is as follows: “The purpose for which limitations can rightfully be exercised over the free expression of ideas in a civilized community, against the will of the speaker, is to prevent harm, where the expression of ideas cause more harm than the exercising of such freedom of expression.” Because the easiest way to judge whether or not an idea is harmful is through offensiveness, that is, that it would be considered objectionable to a reasonable person applying contemporary community standards, the nature of the offense principle is necessary to decide what limitations should be placed on speech in order to prevent harm.

Some would challenge that the idea of setting limits on free speech is effectively censorship, and the only way that offensive speech should be countered is with more speech, through the rationale of the marketplace of ideas (the concept that free speech should be treated as free-market capitalism, where inferior or negative ideas and speech will be culled through competition with other ideas and speech). Censorship is widely seen as a negative concept, because of its use to suppress criticism of certain ideas, yet there are forms of censorship that we are perfectly fine with, such as censoring material to protect children, or to prevent slander and libel, or to control obscenity, as has been discussed. Censorship can be used for the sake of good, and the idea that censorship, being “objectively evil,” is always a threat to free speech and individual liberty, is often used to defend harmful ideas and expressions. The thought that these objectionable ideas can only be defeated with “more speech” is also preposterous. To eliminate harmful ideas from our culture permanently, the root cause of the problem (the expression of those ideas) must be eliminated. In this way, we can treat the problem, rather than its symptoms. Yes, if we are to prevent harm, we must advocate for censorship.

We, as a society, have a collective obligation to protect one another from harm. Human security should be considered a basic human right, but is not, because of persistent imbalances of social power. These imbalances give certain societal advantages to specific demographics, called “privileges.” You may have heard of the concepts of white privilege or male privilege, for example. These are in reference to the advantages that people of the white race have over others in Western society, and the similar advantages that men have over women, respectively.

What does this have to do with preventing harm and free speech? Everything, to be fair. Free speech inherently favors the privileged. The people with the most disadvantages are often silenced and spoken over, ultimately devaluing their ideas. Concordantly, ideas that disparage the disprivileged are still allowed, and are defended under the concept of free speech. The imbalance of power through speech is obvious. To defend free speech is to defend oppression.

Many free speech advocates in the United States refer to the Constitution, and how the right to expression without government limitation was the First Amendment to the document, denoting the importance of the free exchange of ideas. Consider that the Constitution is not a faultless document. The Eighteenth Amendment was ratified, and later repealed with the Twenty-first Amendment, showing that we are capable of both recognizing the mistakes that we make in lawmaking, as well as proving that we can repeal constitutional amendments. If we are capable of acknowledging that the current ideals of free speech granted by the First Amendment are both too broad and afford too much power to the privileged class, it stands to reason that we would be capable of repealing the Free Speech Clause and replacing it with a more appropriate substitute that will better prevent harmful ideas from manifesting.

This task will be difficult because of the sacrosanct nature of both the Constitution as a document and its Framers. This idealized version of the Founding Fathers ignores the faults that these men possessed. Most notably, their prejudices towards people of color and women. The Constitution’s idea of “We the People of the United States” only recognizes white men who own property. It does not acknowledge those people of African origin, relegating them to “three fifths of all other Persons” in Article 1, Section 2, Clause 3. It does not acknowledge those people of native American origins, as evidenced in the conquering of native territories to establish the what would become the United States. It does not recognize women, nor anyone who does not own property, as these people could not vote, hold political office, or enter into contacts of any sort. We may like to idealize the Constitution and our Founding Fathers as champions of freedom and equity under the law, but the ugly truth is that the United States was founded by the privileged for the privileged, and, as it is our duty as a society to prevent harm, so it is our obligation to tear down the structures that allow harm to be perpetuated.

While this is only a solution for the problem of free speech in the United States, it would not be impossible for other nations to follow suit, or to enact their own censorship policies on their own merit, because this is not an issue that is limited to the United States. Because we now live in a globalized culture, we must acknowledge that our contemporary society must transcend national borders, so that we may establish equality for all humans, worldwide. The elimination of unsafe, undesirable thinking is a necessary step to establishing true justice in our time.

Feb 3, 2016 71 notes
#social justice #sj #equality #gender equality #feminism #anti-racism #black lives matter #free speech #first amendment #essay #politics #sociology #oppression #social dynamics #censorship #New Society
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