Oh my, that's quite the involved explanation for a forum like this, but I appreciate it, it genuinely is interesting to hear how things are different in another country.Res Plus said:Hey, no worries mate, you were only mirroring my originally quite narky toneEternallyBored said:SNIP
Yes, well, now I feel bad for coming off kind of rude back there. I get where you're probably coming from with your original post, this is the internet and people like to whine on it, and Tumblr and facebook has quite a few social justice warrior types that like to jump on anything remotely offensive. Yeah, those people are stupid, but outside the internet no one takes them seriously, certainly not any national or international activist organizations. The media blew the whole card boycott way out of proportion, despite the hyperbole traded on the internet, the hate for Card has never really gone beyond, "yeah the guy's a douchnozzle, so I'm not going to buy his stuff", news networks tried to make it look like every gay rights group in the U.S. was obsessing over the movie; they weren't.
As for freedom of speech, yeah whenever that gets brought up I kind of assume they are talking about the U.S. constitution, I'll admit I have no idea what the UK's speech laws look like. In the U.S., freedom of speech only applies to the federal government, so it only becomes a valid talking point if the government is trying to repress speech or people are trying to lobby the government to repress speech. If the government ever actually does try to censor Card in some fashion, then yes I'll be right there with you yelling about violations against the freedom of speech. Private places like this have no speech rights, if the site owners decide tomorrow that they will censor anyone that doesn't praise Jim Sterling as their new lord and savior, they are perfectly within their rights to do so. Within the U.S. at least.You write cool posts, keep up the good work.
We have the European Convention of Human Rights (ECHR) over here, which is enacted into UK law by the Human Rights Act 1998. The UK courts have a duty to read all UK law in line with ECHR and the HRA. The ECHR provides for Freedom of Speech but also gives pretty wide derogations where it can be curtailed (e.g. situations of national defence, to keep the peace, to ensure public health). Very simply, the idea is you balance the two opposing rights, so you have say a paper's right to print defence documents and weigh that against the harm done to national defence and reach a decision. The claimant can appeal up to the European Court of Human Rights (ECtHR) - if it's important enough.
Very interesting you say the Constitution is limited to federal law because a big issue with the ECHR is that it was written to apply vertically (between state and citizen) but the ECHR is actually widening the scope immensely (through case law) to create horizontal applicability (between citizen and citizen). This means we have uneven applications of Human Rights. For example, a local govt worker can rely on human rights to bring a case against another worker because the employer, as the State, has a duty to oversee human rights but the private employee has no such redress (very, very generally).
My huge reservation with the ECHR is that the ECtHR has expanded the scope far beyond the original idea of basic freedoms and trade integration to avoid World War 3 in Europe (it was drafted immediately after WW2). As ever we have arses on both sides of the spectrum: right wingers desperate to repeal it so we don't have the tedious mucking about with fripperies such as trials and working rights and left wingers abusing the protections to drive through unfair perks for minorities and individuals and to attack sensible spending decisions in a recession. A special circle of hell is reserved for smug Human Rights lawyers who make a fortune keeping terrorist murderers in the country at public expense. I get abused quite frequently for not being totally "whoo hoo Human Rights Act" and accused of either being a right wing extremist or, increasingly frequently, "not understanding the law properly".
I just smile sweetly then go home to gaze at my law degree. ; )
Other than the provisions for public safety that vary by state, the First Amendment makes no requirements for the types of speech that a private citizen can make. There is no horizontal applicability as far as the first amendment is concerned, speech is protected, no matter how vile, as long as it doesn't constitute a direct threat of violent action or incitement of others to immediate violent action. Much like Europe, there are asshats on both sides trying to exploit the system, but organizations like the ACLU (American Civil Liberties Union)have come down on the side of groups like the KKK and others to protect speech rights when a government attempts official action against them. They usually win too, with proper permits, even outright hate groups like the KKK can legally hold rallies in public, the private citizen is also generally free to show up and boo the hell out of them as well.
It sounds like the main difference between the two, as far as you explain it anyway, is that the European government (the ones under the ECHR anyway) seems to have the power and mandate to enforce expression and speech laws between private citizens, whereas the First amendment only limits what laws the government can pass, and makes no mention of interaction between private citizens. Beyond public safety, U.S. law makes the assumption that private speech between citizens is between them and even in a public setting, you'll generally get away with whatever you want to say with no consequence from the government. Private property and employers have the right to restrict speech pretty much however they want, companies like Disney will make employees sign contracts that have some very interesting limits on how they can express themselves while on shift.
To use a famous example, the U.S. has a group known as the Westboro Baptist Church. They pretty much go around to events like soldier's funerals, gay pride rallies, and other public venues, and hold up signs expressing how "God hates Fags" and U.S. soldiers are burning in hell because the government isn't persecuting gay people (I'm sure you can imagine how unpopular condemning U.S. military personnel is to the general American public). They don't directly incite violence, so they are within their freedom of speech and expression to do this, private citizens have also responded by counter-protesting or using noise to drown them out at functions. Essentially, without violence or other violations, both sides are expressing themselves within the bounds of free speech.