Re: NSA,Windows, etc.
From: Mxsmanic (mxsmanic_at_hotmail.com)
Date: 05/08/04
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Date: Sat, 08 May 2004 11:20:00 +0200
Paul Schlyter writes:
> If so, every country in the world will have freedom of speech since
> no-one can prevent you from actually saying anything you want. Of
> course you're not immune to any consequences that may aries, which in
> some countries could be jail or torture or both.....
If the consequences are linked only to the speech itself, it's a form of
censorship after the fact (censorship through deterrent effect). If you
actually prevent people from saying something, it's prior restraint.
Only if the speech has consequences that show indisputable cause and
effect and only if that effect is the object of any action can one say
that it isn't censorship. This usually happens when people say things
that are presented or interpreted as fact through their own deliberate
effort or through their negligence. For example, yelling "Fire!" in a
crowded theater with the knowledge that it will be taken as a serious
fire warning may have harmful consequences, and _if_ it does, the person
so yelling might be prosecuted or sued on the basis of those
consequences, the reasoning being that he knew exactly what the
consequences would be when he yelled and thus must take responsibility
for what happened. He isn't prevented from yelling, though, nor is the
yelling itself penalized (if no panic results, there's nothing to
complain about).
-- Transpose hotmail and mxsmanic in my e-mail address to reach me directly.
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