What Happened to Free Speech?
What Happened to Free Speech?
What Happened to Free Speech?
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There is no free speech. | |
There is no freedom of expression. | |
There is no First Amendment. | |
There is no anything so long as you say something that's really not important. | |
If you say something that is... | |
Kind of milquetoast on the radar. | |
Not important. | |
Not critical. | |
You have all the freedom in the world. | |
Don't go anywhere. | |
Don't go in the wrong place. | |
Don't be anywhere near January 6th. | |
Don't say the right thing. | |
Don't say... | |
Don't intimate the wrong thing. | |
Don't say the wrong words. | |
Don't say the wrong words in the wrong place. | |
Don't suggest that you don't believe a particular medical narrative. | |
Don't believe that you... | |
Or don't say, rather, that you are questioning an election? | |
Don't say that. | |
Don't suggest, don't question maybe anything to do with the franchise. | |
Don't. | |
Don't mention certain remedies that you think might be good, medicine, medication, palliatives, therapeutics, that you might think are beneficial in terms of certain pandemics and the like. | |
Don't say that unless they're approved. | |
Don't say certain things regarding certain people. | |
Don't use certain words. | |
And by the way, the reason why people guarantee Free speech is that they say, well, we're not going to throw you in prison. | |
And that's what they mean. | |
This isn't some country where you're thrown into prison. | |
Well, ask a lot of the January 6th people who basically were there for evincing speech, who didn't really do anything. | |
They were there. | |
They weren't advocating anything. | |
They weren't suggesting. | |
Or actually acting as co-conspirators and in some kind of seditious conspiracy, they weren't doing anything of the sort. | |
They were just there. | |
Tell them about that. | |
There is no First Amendment. | |
It doesn't exist. | |
It doesn't exist so long as what you say isn't controversial. | |
Let me stop for one second, dear friends. | |
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They shut down service stations and filling stations and gas stations because the gas was Because they're going to close it down because of climate change. | |
Whatever. | |
They're going to close down stores. | |
Oh, there's going to be food. | |
You just won't be able to go to stores. | |
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Now, I love the idea of the First Amendment. | |
The First Amendment basically provides for this kind of open-ended statement with loads of exceptions. | |
And so long as what you say does not pose some imminent threat, something which is libelous, something which violates trade secrets, something which is injurious, so long as what you say does not in any way provide or act as I don't know what the word is, | |
but acts as some form of, I guess, as long as it doesn't do anything or say anything that is of any importance. | |
Yeah, you can say whatever you want. | |
You can say whatever you want. | |
But where they really get you, and what's really important, is in social media platforms. | |
See, this is the thing which is amazing to me. | |
See, the First Amendment provides that you are, Free from the government impinging upon you free speech. | |
The government cannot. | |
State, local, federal, cannot impinge upon you, cannot prosecute you, cannot charge you if you are saying something that they consider to be violative of whatever it is that they consider to be violative. | |
Okay, fine. | |
Now, what that means is very interesting. | |
And this is critical. | |
What happens if there's a private organization, a private company that does that? | |
What happens if there's... | |
Line of merch. | |
What happens if it's a social media platform? | |
And you say something which they think is either disinformation, misinformation, injurious, hateful, alarming, whatever the particular... | |
It's wrong, it's incorrect, it's whatever. | |
And they cut you up. | |
Either by virtue of your ability to commercialize your speech or to speak at all. | |
What people will say repeatedly is that, well, this is not the government. | |
This is a private entity, a private concern, a private organization, and they're doing this, and that's the way it goes. | |
Is that true? | |
What we have learned through Twitter files and elsewhere, there is the weaponization of speech. | |
The weaponization of speech. | |
And a direct and obvious connection between government and Theoretically, seemingly civilian types of efforts and the like. | |
When in fact they're not. | |
When in fact they are not. | |
The two are so connected it's not even fun. | |
So when you have the federal government telling a private organization to shut down your speech, there is a First Amendment violation. | |
The most important thing that has to be done, either by statute, by court construction, is to rule and to deem and to reconsider and reconfigure These platforms as utilities, almost like a phone. | |
Nobody would ever imagine, would ever allow, would ever think that your telephone conversation could be cut off because what you were saying was misinformation or contrary to some CDC edict or whatever. | |
Nobody would ever think because they say, you know, this is a phone, you can't do that. | |
That's what I suggest that social media platforms are, a utility of such incredible use, such importance, such... | |
Intercommunication necessity that it must be granted a different status so that when you are prevented from speaking on that particular platform, you would therefore be able to allege, indeed for the first time, enough state action and entanglement where you could claim a First Amendment action. | |
And there's no way around it. | |
There is no way around it. | |
And there's all kinds of exceptions, Section 230 and others. | |
But there is no free speech. | |
I just don't know where this idea came from. | |
It's kind of an expression that we use. | |
Yeah, nobody's going to prison unless you're part of the January 6th group. | |
And this was the most. | |
Under the Brandenburg case, under so many Supreme Court cases and justifications, I submit to you, dear friend, that it is ridiculous. | |
Ridiculous to think that somehow, Unless and until somebody said, I want you to go in and storm the Bastille and harm people now. | |
I want you to harm people now. | |
Absent that, you can say pretty much anything. | |
Pretty much anything. | |
Do you understand what I'm saying? | |
You can say so much. | |
And even if it sounds rambunctious and rude and crude and profane, And homophobic, transphobic, xenophobic, phobophobic, no matter what. | |
You absolutely should enjoy 100% unfettered ability to speak. | |
And I can exercise it by not listening, by not attending, by turning around and going the other way, by ignoring you, whatever it is. | |
Because one of the conditions, one of the social contracts of living in this country is that I assume, and I hereby consent, and I assume the risk, Through informed consent that I will invariably hear somebody say something which might prove to be nasty or problematic or rude. | |
And that's just the way that goes. | |
So thank you. | |
Thank you for this. | |
Remember, you don't have free speech. | |
You think you do, but you don't. | |
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