Justin Trudeau doesn’t want a cookie for being a male feminist. So maybe the Twitterverse should stop with these reactions.
Why “feminism” isn’t a synonym for “common sense” remains a mystery to me.
(Source: mic.com, via thefeministpress)
Justin Trudeau doesn’t want a cookie for being a male feminist. So maybe the Twitterverse should stop with these reactions.
Why “feminism” isn’t a synonym for “common sense” remains a mystery to me.
(Source: mic.com, via thefeministpress)
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.
(Source: gaywrites)
Donald Trump says protesters are partially to blame for violence at rallies
Donald Trump told George Stephanopoulos on ABC’s This Week, that protesters are at least partially to blame for the surge in violence at his rallies. "They’re really stopping our first amendment rights,“ Trump told Stephanopoulos, speaking about the people who “stand up and try and disrupt” his rallies. “So, you’re blaming the protesters, not the person who actually punched and kicked the protesters?” Stephanopoulos asked. Trump responded, “No, I’m saying this …”
Donald Trump claims that his “rights” are being trampled upon, that people standing up and saying that his expression of bigoted, jingoistic ideas are detrimental to the United States’ advancement as a nation, is somehow too outrageous to allow.
Never mind the fact that Donald Trump has committed to a mandatory religious test for immigrants entering the country, just so he can keep Muslims out.
Never mind the fact that Donald Trump has effectively blamed Mexico for sending “their worst” to the United States without documentation, and plans to build a wall along the US-Mexico border, while forcing them to foot the bill.
Never mind the fact that Donald Trump has not only encouraged violence against protesters at his rallies, but has also promised to pay any legal fees to defend them from incurred assault charges.
Donald Trump has clearly proven his ideas to be absolutely dangerous. He hides behind the shield of “free speech” to protect his harmful statements, and expects others to somehow respect this.
Hate speech is not an intrinsic “right” for anyone. It directly causes harm, and allows for intolerance to reproduce itself. If the only defense is “I have a right to express violent opinions,” then those opinions do not deserve to be spoken freely. Dangerous speech like the sort that Donald Trump espouses needs to be eradicated by any and all means. Trump must be crushed.
(via micdotcom)
“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.
My next piece will be on the current state of our justice system. Look forward to it this week.
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.