Re: Free speech and abuse of free speech

[Rubywand <rubywand@swbell.net>]

Joseph Lee writes ...

 ....
> 
> You know.. in the United States, we have this thing in our Constitution
> called Free Speech, or the First Amendment.  Nathan can say whatever
> he wants.  You can say whatever you want.
 ....

     True.

     The usual continuation is that, while you can say what you wish,
there are situations in which you may be required to pay a price. One is
telling the people around you in a crowded theater that the place is on
fire when, in fact, it is not. Another is violating a government secrecy
oath. Another is engaging in a campaign of misinformation intended to
damage someone's reputation.

     For years, nothing was said about personal attacks by NM in the
sense of slander. One reason is that free speech is valued and Csa2
benefits from free speech. Another is that one expects occasional
attacks. Besides, in the context of Csa2 'wars', such attacks are easy
to counter.

     The situation changed when NM began to include charges of software
piracy in every post, no matter what the subject matter. When he also
emailed professional associates making similar charges, it was decided
that a response beyond ignoring the attacks or a counter posting was
necessary and proper.

     It seemed clear that a concerted attempt at damaging a reputation
was in progress. It seemed likely that the result might be damage. It
seemed proper to set up the mechanism by which guilty agencies will pay
their fair share should there be any damage.

     We can, no doubt, agree that it would be a shame were an archive
site to retain a copy of some old game after being informed by the
copyright owner that the game should be removed. Were the copyright
owner to take no action, we could conclude that he/she 'doesn't really
care' or that no real loss is involved or, even, that he/she doesn't
really own the copyright.

     Sometimes action is necessary.

     It is too bad that someone on Csa2 grossly abused free speech and
engaged in a coordinated email campaign. On a newsgroup which tolerated
Cold Fusion and Pirate Badges, it spoils the fun. Still, if someone does
grossly abuse free speech and actively seeks to damage a reputation,
then action is necessary.    



Rubywand