Eric Posner: Free speech is overrated

[il Padrino Ute]

A point that, to the rest of the world, the pedestal on which we place the First Amendment must seem very odd.

Note that the word "value" only appears three times in the article, and never in connection with the qualifying "over". Once, he notes that the First Amendment's free speech rights must yield to other values (which you also acknowledge). Next, he points out that our First Amendment values are not universal. Finally, he claims that the video sparking this controversy is universally acknowledged to be without value. (I actually take some issue with that last point, not because I think there is value to the video-- which I haven't seen, thanks to Google-- but because I would rather not have the government placing itself in the role of the arbitrer of value in speech, if it can be avoided.)

I don't think he's saying we need to change our standards to conform with those of the rest of the world. I think he's saing that we should recognize the differences in the standards if we are going to make any progress in furthering the international dialogue.

Fair enough.

[UtahDan]

A point that, to the rest of the world, the pedestal on which we place the First Amendment must seem very odd.

Note that the word "value" only appears three times in the article, and never in connection with the qualifying "over". Once, he notes that the First Amendment's free speech rights must yield to other values (which you also acknowledge). Next, he points out that our First Amendment values are not universal. Finally, he claims that the video sparking this controversy is universally acknowledged to be without value. (I actually take some issue with that last point, not because I think there is value to the video-- which I haven't seen, thanks to Google-- but because I would rather not have the government placing itself in the role of the arbitrer of value in speech, if it can be avoided.)

I don't think he's saying we need to change our standards to conform with those of the rest of the world. I think he's saing that we should recognize the differences in the standards if we are going to make any progress in furthering the international dialogue.

Yes.

[Moliere]

https://www.washingtonpost.com/news/...=.f7db746c6dc4

Isn't using it as a political weapon the whole point?

[Pelado]

https://www.washingtonpost.com/news/...=.f7db746c6dc4

Isn't using it as a political weapon the whole point?

I seem to remember reading somewhere that political speech is the most important to protect.

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[cowboy]

Apparently, free speech consists of trespassing on private land to take a picture. I'm flabbergasted by this ruling. Can someone explain how the 10th Circuit arrived at this conclusion?

From the Casper Star Tribune:

Wyoming’s data trespass laws could violate First Amendment rights, the federal appeals court in Denver ruled Thursday.

The Wyoming statutes, first passed in 2015, made it a criminal and civil offense to trespass in order to collect research data, such as photographs, soil or water samples.

The laws were immediately criticized as prohibiting whistleblowers or citizen scientists that may cross private land to collect data on public lands and submit it to state and federal authorities. Lawmakers that supported the laws have said the laws were not intended to block lawful data collection, but to protect private property.

Both statutes carry penalties for convicted trespassers that are greater than the state's existing trespass laws, and both laws then instruct agencies to expunge any collected data from the record.

The laws were updated in 2016 to address some concerns, but the 10th Circuit Court of Appeals still found them unconstitutional.

[Pelado]

Apparently, free speech consists of trespassing on private land to take a picture. I'm flabbergasted by this ruling. Can someone explain how the 10th Circuit arrived at this conclusion?

From the Casper Star Tribune:

Not sure how that would relate to speech, religion, assembly, the press, or a petition for redress of greivances.

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