Raw Fragments

forgotten suspicions amuse me

discovered on a dated device

artifacts are better than a journal–more telling, no sugar-coating/

30 pounds, self-doubt, my inner-quitter: things I’d like to lose

a fulfilling career, pretty pussy: things I’d like to gain/

shit under my fingernails stinks, picked it up and threw it at a brown guy, why

stuck in the mulch, spouting off

driving trucks on sidewalks

orange traffic cones ignored/

drunk or texting murderer

lost friends howl at me from behind the cold stars

lost love presents a scale: relief on one side and an auger in my brain on the other/

smoked too much weed, per uge

thoughts are scattered/

pacing around the lake

winged ones in my pupils

flight is majesty

we can’t dive for fish all the time

sometimes it’s just for fun/

the world is fucked up but what am I supposed to do about it

joy and good will surprise and delight

I try to drink in infinite shades of earl grey

got to breathe too

am I enough is the real fear

when I’m too much I’d rather fuckin’…

I’m no Wollstonecraft, but I’ll still jump in the godamn river

but there’s no need for that

yet jumping out of a perfectly good airplane may be necessary, nay is necessary

to get as close as people can to it

I’ve found this out the hard way

if there was reincarnation, reset without hesitation

do I blame nature or nurture?/

If I were Trump I’d just blame others–the media probably,

but alas, I know better than that idiot

cocksucker is worming his way into my art now for Christ’s sake

idioms, i.e. cliches are useful as far as they go

we all need to study and debate more. Notice I didn’t say regurgitate or bicker…

cruel irony can kill or maim

choking on caviar

gasping hunger knows no bounds/

keyboard clicks and clacks

mind jumps and twists

but if no one reads this did I really write it?

who am I kidding–this shit is for me. The audience is critical, of course–don’t get me wrong

however this is a selfish act, though I suppose less selfish than many of them

is that all you got out of this? smh

 

Freedom of Speech in the Free Market

Although many Americans don’t understand where it applies, almost every American cherishes the ideal of “freedom of speech.” The Supreme Court has heard many cases concerning what is protected speech and what isn’t–as in the famous Schenck v. United States case in which a ruling was made that decided that “shouting ‘fire’ in a crowded theater” is not constitutionally protected speech. More recently Masterpiece Cakeshop v. Colorado Civil Rights Commission had the court contemplating what “speech” even really is.

Controversy over freedom of speech sparked anew earlier this month when Facebook and its subsidiary Instagram banned such people as Louis Farrakhan, Alex Jones, Paul Joseph Watson, Laura Loomer, Paul Nehlen, and Milo Yiannopoulos from their platforms. While a Facebook spokesperson told news outlets that “We’ve always banned individuals or organizations that promote or engage in violence and hate, regardless of ideology,” questions remain. Questions such as “where the line is drawn for banning?” as well as “were the moves made due to a social obligation to clean up the platforms, fear of lawsuit, or just as a public relations reaction?” Being publicly traded companies, it seems most likely that these decisions are based in a responsibility to shareholders rather than the common person. Then perhaps in this case, the two parties share in the benefits of these bannings, or are they beneficial?

There are still platforms where these people’s content can be accessed e.g. their private websites and 8chan, but they are clearly on the “shoulder” of the information highway. Tech giants like YouTube, Facebook, Instagram and Twitter have all banned users and organizations from their platforms. What is these tech companies’ role when it comes to hate speech and incitement of violence on their platforms? Are they public forums or publishers? Publishers mediate and edit content. By censoring otherwise legal content, these companies are saying “we are publishers,” and therefore taking on the responsibility of trying to eliminate hate speech and incitement of violence on their platforms. They are already forced to uphold, yes even 8chan, copyright and child pornography laws. But by taking the moral step of trying to eliminate pornography and revenge porn, these companies thereby acknowledge a responsibility to the user of the platform. This responsibility seems to be to provide a less disturbing or agitating experience. Perhaps one of the most interesting questions is “are these companies censoring for their own benefit or for the common good?” The follow-up, “does it matter?” is an ethical question that I won’t address here.

The most prominent question, without a doubt is “should these platforms have banned these people and organizations?” While some are prone to believe the slippery slope fallacy when it comes to censorship, others would prefer a sterilized, if meaningless conversation. The question isn’t so much what do we want to hear, but what do we need to hear? Should we ignore people’s beliefs because they make us uncomfortable? Yes, hate speech is ugly, but knowing who is “drinking that Kool-Aid” is indispensable. Those erroneous and evil beliefs must be addressed, not pretended away. It is painful to be the subject of such speech, but in terms of survival, it is critical to know exactly what some people think about you. Life can often be disturbing and agitating, but we cannot punish everyone who offends us or, more importantly, ignore threats. There is a terrible consequence to not shouting “fire” in the theater when one is starting, as Holocaust survivors could tell you. Those who ally with the people being persecuted will also generate noise. Shouldn’t the good voices be given a chance to drown out the bad? There is a powerful message to be sent to the hateful people by letting that happen instead of banning them.

However, it could also easily turn into a shouting match and result in more physical violence from holders of each perspective. It is hard to say if internet disagreements often yield tangible violence or not. Those who do commit hate-crime violence also typically share what they are planning with other like-minded individuals before the fact. Law enforcement seems to already have access to this, as they have connected manifestos to shooters which were “published” on 8chan–a platform designed above all else to protect the users’ anonymity. This is a tough balance to find as well–when should law enforcement intervene, and at what point does it become more like Big Brother looking over everyone’s shoulders? Right now, it seems the interventions hit and miss as some terrorists have been prosecuted for their plans while others have successfully realized theirs. Though it must be a trying process to determine real threats from “mouth-running,” use of specific details in the manifestos and plans are damning. If only these shooters were prosecuted before they got the chance to carry out their heinous plans, the world would be a better place. However, In the many years since Schenck… the first amendment has been re-interpreted yet again, giving prosecutors new angles to work.

The “clear and present danger” test of Schenck… has since been replaced with the “imminent lawless action test” of Brandenburg v. Ohio. How would today’s Supreme Court handle the Schenck… case in which a man was prosecuted for handing out anti-draft posters in wartime, given the precedent of Brandenburg…? How would they handle the hypothetical case if, God forbid, the FCC or FBI took down infowars.com? Hopefully, the Court would preserve freedom of speech in these cases so long as the organizations’ speech did not cross the “imminent lawless action test.” One form of speech I haven’t addressed is the conspiracy theory.

Conspiracy theories may be horribly disturbing, as was the one that the Sandy Hook shooting was fake. But not knowing the extent of those who believe that is perhaps more dangerous than allowing the lie to be spoken. Conspiracy theories present another balance to find–does it legitimize or give credence to them when they are denied by the mainstream media, does working to disprove them actually work, or should they be gagged to prevent them from spreading? If one has any faith in people’s ability to be rational, they would err on the side of letting the facts convince the skeptics.

Again, the truth has the power to drown out the false, but instead of directly addressing the lie, silencing the “speaker” almost gives the lie more power and adds to the conspiracy mystique. This further alienates a subculture–a dangerous move. Communication is the key to educating and changing beliefs, however this key works on both the doors of truth and bullshit. People who believe conspiracy theories are thinking with their emotions rather than their rational mind. As the rise of the Trump regime has proven, the masses’ emotions are easily swayed and used to manipulate them. We cannot omit the lies no matter how hard we try. Our only logical recourse is to drown out the hate with compassion and the lies with truth. If truth and compassion, by their own virtues cannot win over the hateful and the ignorant, there is no hope for humanity. Truth and love do and can win, when they are allowed to compete with hate and lies.

Nearly all of humanity’s institutions and communities regard truth and love as essential. People go online to find community. Ultimately, no matter how much influence one allows others to hold over their beliefs, people can only decide for themselves what the truth is. The Supreme Court seeks to find the truths embedded in the United States Constitution, and as a national community, we agree to abide by the truths it determines. The Supreme Court’s rulings on this matter of freedom of speech are sage ones–and ones that the tech companies, though not legally bound to, should implement on their platforms, rather than banning bad actors.