Security quotes of the week
Security quotes of the week
Posted Oct 18, 2016 2:58 UTC (Tue) by nybble41 (subscriber, #55106)In reply to: Security quotes of the week by farnz
Parent article: Security quotes of the week
It isn't a Freedom of Speech issue because the restriction is not about the *content* of the expression, but rather the means. It's not what you say, it's how you say it. Freedom of Speech means that the government isn't permitted to step in and prevent you from making your point, or punish you for doing so, no matter how much they would prefer your silence, but it doesn't mean that you have any special rights over others or their property. The content of the speech can be whatever you wish, but your means of expression are limited what you normally have the right to do.
Freedom of Speech is a very narrow application of the Non-Aggression Principle which only covers the use of your property for the purpose of speech. Both are negative rights (non-interference) rather than positive rights (something which must be provided to you). The N.A.P. implies the freedom to use your own property (and _only_ your own property) for any purpose you wish, including speech. In both cases the old adage applies that "your right to swing your fist stops at the end of my nose". You have every right to express whatever you want using your mind, your voice, your paper, your ink—but you do not have the right to use me, or my venue, as part of your speech without my permission.
There is really too much emphasis, in my opinion, on the Freedom of Speech per se. It misses the more fundamental principle at stake and overlooks the fact that the same freedom should apply to other private and non-harmful uses of one's property. Moreover, by protecting only "speech" we open the door to restrictions on _effective_ communication methods which, while not _directly_ based on the content of the speech, still make it difficult for anyone lacking sufficient wealth and/or political connections to have their message heard by the masses. Rather than directly targeting undesirable speech, those in power can limit effective speech _in general_ to those with whom they share common interests.
> ... you can't claim that you have absolute freedom of speech and that other rights override it.
Actually you can. This is where negative and positive rights differ. Positive rights are always in conflict, because they mean that you're owed something and others are compelled to give it to you. This inevitably creates tension and a situation where everyone tries to live at the expense of everyone else. Negative rights, being grounded in non-interference, can be absolute without contradiction. You have the absolute right to freedom of speech, or more generally, the right to property—no one ever has the right to prevent you from speaking, or from otherwise using your own property. Of course, the same is true with regard to yourself—you do not have the right to prevent others from speaking, or to interfere with their own use of their property (including themselves). The only actions which are permissible are those which respect the absolute natural rights of everyone involved.
