• litchralee@sh.itjust.works
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    9 months ago

    You may find this post by the eminent First Amendment lawyer Ken White (aka PopeHat on social media) a useful read: https://popehat.substack.com/p/in-defense-of-free-speech-pedantry

    As a summary, he distinguishes the different facets of the free speech debate into three categories: free speech rights (FSR), free speech culture (FSC), and speech decency (SD). FSRs are those protected in law and vary depending on country and historical precedences. Whereas FSC manifests itself in how private actors conduct themselves, sometimes very inviting of opposing voices and other times not so much. Finally, SD is closer to social morals, and the application of speech to fight other speech.

    If we accept Mr PopeHat’s assessment, then the term you’re looking for may lay somewhere between FSC and SD, since private entities will have their – sometimes great/justified/meh/awful – reasons for declining to platform certain types of speech.

    I suppose it may be plausible to describe a private censor as “free speech unprincipled” or “free speech uncultured” if they act within the law but not within the accepted FSC.