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Ask Slashdot: Is Deliberately Misleading People On the Internet Free Speech?

Slashdot reader dryriver writes: Before anyone cries "free speech must always be free," let me qualify the question. Under a myriad of different internet sites and blogs are these click-through adverts that promise quick "miracle cures" for everything from toenail fungus to hair loss to tinnitus to age-related skin wrinkles to cancer. A lot of the ads begin with copy that reads "This one weird trick cures....." Most of the "cures" on offer are complete and utter crap designed to lift a few dollars from the credit cards of hundreds of thousands of gullible internet users. The IQ boosting pills that supposedly give you "amazing mental focus after just 2 weeks" don't work at all. Neither do any of the anti-ageing or anti-wrinkle creams, regardless of which "miracle berry" extract they put in them this year. And if you try to cure your cancer with an Internet remedy rather than seeing a doctor, you may actually wind up dead.

So the question -- is peddling this stuff online really "free speech"? You are promising something grandiose in exchange for hard cash that you know doesn't deliver any benefits at all.

Long-time Slashdot reader apraetor counters, "But how do you determine what is 'true'?" And Slashdot reader ToTheStars argues "It's already established that making claims about medicine is subject to scrutiny by the FDA (or the relevant authority in your jurisdiction)." But are other things the equivalent of yelling "fire" in a crowded movie theatre? Leave your best thoughts in the comments. Is deliberately misleading people on the internet free speech?

503 comments

  1. truth in advertising by Anonymous Coward · · Score: 5, Insightful

    Making it a free speech issue is taking it too far, it's always really just been about whether it's false advertising / fair trade / fraud / etc. We already have a lot of laws that govern what businesses can and cannot say to customers in their efforts to sell them things. None of them are free speech violations, they're consumer protection limits. Enforcement is the real problem.

    1. Re:truth in advertising by Anubis+IV · · Score: 5, Insightful

      Exactly. This is an old problem that was, at least legally, largely solved decades and centuries ago. Slapping “on the Internet” on the description doesn’t change the fundamental issue or make it a new problem.

      It’s like when we have to explain that a patent is lousy because all they did was slap “on a computer” onto an idea that’s been around for our entire lives. Fraud is fraud. False advertising is false advertising. Whether it’s on the Internet or not really shouldn’t make a lick of difference.

    2. Re:truth in advertising by AK+Marc · · Score: 4, Interesting

      "on the internet" matters when it's an issue of Bob lying to sell a widget on Amazon. If Bob was in a store selling widgets, the fraud is clear. If Bob is effectively anonymous and Amazon is the seller, with Bob's referral code, once the product arrives and the fraud is detected, taking action against Bob is almost impossible.

      It's not about "legal" but "enforceable". They are different, but related.

    3. Re:truth in advertising by PopeRatzo · · Score: 2

      Making it a free speech issue is taking it too far, it's always really just been about whether it's false advertising / fair trade / fraud / etc.

      You make an interesting point. If we're going to pretend we're some free, market-based society, then there have to be consequences for deliberately misleading people on the internet. Since markets can only exist within some regulatory framework (even if that regulatory framework consists only of the person committing fraud getting his ass kicked), then of course the same regulatory framework must exist in some form on the internet too.

      --
      You are welcome on my lawn.
    4. Re:truth in advertising by Anonymous Coward · · Score: 0

      The only reason that 'on the internet' is relevant is that the purveyors of snake oil can now use companies out of reach of the appropriate regulators.

      In the past if a company in country X was breaching advertising standards the regulators in that country could close them down.

      Today, a fraudulent business in country X might be using an agency in country Y to advertise on a website in country Z. Their product is manufactured in country C, shipped via country B to a consumer in country A, and any profits are declared in caribbean country G then transferred back to country X.

      So whether it's free speech or not it's pretty much impossible to prevent people selling useless crap without some kind of global enforcement and that just isn't going to happen while countries Y, C, B and G are all getting a share of the cash.

    5. Re:truth in advertising by mvdwege · · Score: 5, Insightful

      Actually, laws against false adevertising are a free speech violation. That's because those laws were made in the realisation that no right can be absolute, that in any society there will always be rights that clash, and that the right to make a buck does not extend to lying to impact someone else's health and property.

      It is people who actually want their speech to be privileged, or immature teenagers, who think that free speech is absolute, without actually checking their facts. It has always been subject to prescribed limits, all society is is haggling over the price.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    6. Re:truth in advertising by AmiMoJo · · Score: 2

      In that case Amazon is responsible. Amazon must police the products sold via its web site. In the past they have banned "hoverboards" due to exploding batteries and solar eclipse glasses due to inadequate protection.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:truth in advertising by Anonymous Coward · · Score: 0

      I agree: in both of those cases, Amazon was often directly to blame: they mix multiple items on the same product listing page from different sellers, and further mix these "equivalent" items in their fulfillment centers, so you might purchase a battery (or eclipse glasses) from one vendor only to get another vendor's (knockoff / counterfeit / not authentic) product.

      Yes the seller was to blame, but Amazon had no right mixing two products (official / cheap knockoff) on the same product listing page and selling them as if they are one product. (happened to me from a Fulfilled by Amazon product: the item literally had two different amazon barcode stickers on top of each other).

      Maybe the underpaid warehouse employees are to blame. Maybe the seller is to blame. Maybe the manufacturer is to blame. But there's no doubt amazon as a whole is to blame, as they misled me by showing me a product page and giving me a different product. As a consumer I shouldn't have to know how their warehouses work.

    8. Re:truth in advertising by Kiuas · · Score: 2

      Making it a free speech issue is taking it too far, it's always really just been about whether it's false advertising / fair trade / fraud / etc. We already have a lot of laws that govern what businesses can and cannot say to customers in their efforts to sell them things

      You're right of course. The problem we're facing now is that one of those 'things' corporations are selling to targeted audiences via social media is news and 'news' (ie. propaganda). Anyone can pay facebook & al to promote their views to an audience of their choosing. So even if I'm not a business, but a private individual running a blog with a lot of money, I can write up any number of conspiracy theories about anything, dress it up to look like a reputable news site and the advertise it on social media to influence people's behaviour, both as consumers and as voters.

      So you really hit the nail on the head when you say:

      Enforcement is the real problem.

      Because the enforcement of the laws has not yet caught up with the way advertising/promoted content is treated. If I pay facebook to advertise a homeopathic medicine claiming that it cures cancer or some such, that's clearly false advertising. However, if instead of paying FB for a direct ad for the pills, I pay to some random blogger who then writes a blog about how he/she personally thinks homeopathic medicines can be used to treat cancer, and they then spend some of that money to promote their blog post on FB, that's not as easily treated as a false advertising, because the actual 'product' being directly advertised is the blog post itself, which is an opinion piece and not a statement of fact.

      The situation is made even more complicated if no money exchanged hands between the blogger and the source selling the medicine. That is, if it is a genuine opinion held by some individual, but it's clearly not supported by facts, should they still be allowed to promote this content even if the blog post itself is not sponsored content by the manufacturer? Does it matter if the blogger runs ads on his site leading to him/her gaining money for views even if there's no connection to the maker(s) of the product(s) themselves? And so on.

      --
      "It is the business of the future to be dangerous" -Alfred North Whitehead
    9. Re:truth in advertising by Anonymous Coward · · Score: 0

      In the past they have banned "hoverboards" due to exploding batteries

      But not for false advertising? Then it's not any different from not banning stuff that's advertised as curing something but doesn't cure anything, while still banning stuff advertised as curing something that actually kills instead.

    10. Re:truth in advertising by Anonymous Coward · · Score: 0

      Only in the US where "freedom of speech" covers lying your ass off but not disagreeing with politicians (that would be "shouting fire in a crowded theater").

      Freedom of speech was supposed to be the right to disagree with those in power. In that case, truth in advertising laws don't conflict with free speech.

      Unfortunately there aren't many places left that still takes freedom of speech seriously. Over here a few years ago there was a huge campaign (starting with some drawings of a certain prophet) to convince people that hating Muslims is what freedom of speech is about, at a time when our most anti-Muslim party was pulling the strings. That's like defining the right to hate America as "freedom of speech" in North Korea.

    11. Re:truth in advertising by Sique · · Score: 1

      In theory, this issue is solved with making the actual seller (the one accepting your payment) responsible for the product. In practice, the money processing company might just file for bankruptcy when the first customer complaints come in, leaving the buyer without anyone to blame.

      --
      .sig: Sique *sigh*
    12. Re:truth in advertising by jellomizer · · Score: 1

      I think the big problem is with the internet people’s natural sarcasm is being misinterpreted.
      I remember Stephen Colbert being invited to talk in a republican conference because the sponsor of it didn’t realize that he was playing an act, and trying to be the most extreme republican news anchor as possible to try to show how crazy some of these ideas are.
      Also the rise in flat Earthers probably came from some sarcastic comment showing how just dumping scientific sounding words can explain things that are obviously wrong.
      We are living in a world that 20 years ago that would sound like a comedic distopia (much like on a simpsons vision of the future episode)
      While we have had free speech, it had use to be heavily moderated. The conspiracy theories were isolated to a small area. And not spread too rapidly. There was a moderation force that has now failed so stupid ideas which provide easy ideas to complex problems not based on facts but blaming someone else got very popular vs more complex reasoning.

      Go back and look at some of the old political debates. Even for the policy that didn’t work you can see there was much more thought and insight into it, then today’s debates. This is a proble across the political spectrum globally.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    13. Re:truth in advertising by jabuzz · · Score: 1

      The most amazing conspiracy theory I have come across is those that think SpaceX's landings of rockets are faked. I mean for fucks sake wait for the next landing at Cape Canaveral and go and watch it for yourself. Thousands of people have now probably watched a Falcon9 landing with their own eyes, but hey.

    14. Re:truth in advertising by Zocalo · · Score: 1

      The solar eclipse glasses example is particularly interesting. Apparently Amazon did realise that they had a bunch of sellars that were being "less than honest" about their glasses and tried to initiate a recall of any already shipped products - or at least prevent people from using potentially hazardous products. Unfortunately for Amazon there were a number of issues in this; firstly, they managed to sweep up some highly regarded and almost certainly 100% safe products from reputable vendors in their "recall", secondly they left it far too late for people to source an alternative product (from Amazon or elsewhere), and - perhaps because of the second issue, or perhaps because of the "where there's blame there's a claim" attitude of some sections of society - they got sued by people who claimed after the fact not to have seen Amazon's warnings.

      That all opens up a number of issues for online retailers - not just Amazon - to do with timeliness, what to do with the inevitiable false positives, and just how much notification is enough to avoid being liable in a lawsuit. On the one hand, they probably want as light a regulatory touch as possible - especially when it might make them liable - but on the other, those self-same regulations may provide some protections against (for instance) those who don't realise that being able to see a lit light bulb through their solar eclipse glasses constitutes a warning that the product falls quite some way short of requirements and maybe they need to pay more attention to that email. I'm sure Amazon et al are making at least some effort to police its third party resellers - for their part Amazon have certainly booted a few vendors of sub-standard USB cables and solar eclipse glasses - but there is clearly a long way to go judging by the number of decidely dodgy looking retailers in the Amazon Marketplace, and "caveat emptor" only goes so far when Amazon is, in effect, responsible running the entire mall.

      --
      UNIX? They're not even circumcised! Savages!
    15. Re:truth in advertising by Anonymous+Brave+Guy · · Score: 1

      This is why there are various laws in some places that for example make a credit card company jointly liable if its card is used to make a purchase and the original seller doesn't make good any damage.

      Also, deliberately using a limited liability company structure to take the customer's money and run is a good way to get your corporate veil pierced and the people behind that company fined or in jail. Typically the limited liability protects a company's owners/investors if the company is properly run but its business doesn't work out. It's not there to shield anyone from otherwise illegal behaviour.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    16. Re:truth in advertising by AmiMoJo · · Score: 1

      They did the same thing with the hoverboards, recalled them all and destroyed all stock, even though some were fine.

      In the UK the law is that the seller is responsible. In cases where Amazon is just "fulfilling" the order for someone else, they are still responsible because they handle the payment, they handle returns and they handle warranty issues. Any reasonable judge is going to consider them to be the seller, and they rarely bother to turn up to Small Claims Court for anything less than £1000.

      They usually try to intimidate you by entering a fancy defence letter and claim for massive costs (which the Small Claims Court will not award them even if you lose, unless you case was actually malicious). But it's rarely more than a form letter and they even more rarely actually turn up to the hearing.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    17. Re:truth in advertising by Rockoon · · Score: 1

      In the past if a company in country X was breaching advertising standards the regulators in that country could close them down.

      There has always been mail order across borders. Many magazines end with page after page of mail order advertising.

      Its true that across borders there is less protection fraud. Look in the back of Mexican magazines and there will be an advertisement along the lines of "How to avoid U.S. immigration laws? Learn how! Send $5 to this foreign address." and the response will be a piece of paper sent via post that reads "Don't emigrate."

      If you dont want to get screwed by someone in far off nation X, your first move is to not send money to far off nation X. Now the problem is localized. Even if the business is in far off nation X, they have some local representative handling the money (for instance, your credit card company), which is not out of reach of your local regulators.

      Arguments against this line of thinking are quite frankly irrational. Take some responsibility. You can easily dispute a credit card charge, and while that does effect your credit score, it SHOULD (your credit score is too high if its got a bonus based on you being willing to pay for fraud.)

      --
      "His name was James Damore."
    18. Re:truth in advertising by Rockoon · · Score: 1

      Thousands of people have now probably watched a Falcon9 landing with their own eyes

      Probably more like hundreds of thousands.

      --
      "His name was James Damore."
    19. Re:truth in advertising by Vermonter · · Score: 1

      If there is a way for the money to get to you, then there is a way to find out who you are. Being an anonymous commentator is one thing; being an anonymous seller is much much harder.

    20. Re: truth in advertising by Anonymous Coward · · Score: 0

      Err, criticizing religious practices is most definitely not hate. Brainwashed by the regressive left much? You are part of the problem for the current backlash.

    21. Re:truth in advertising by Zocalo · · Score: 1

      Absolutely agree; if they are running the store, then they are both responsible and liable. An IRL analogy would be a brick and mortar mall; Amazon might have their own stores in the premesis, but they are also sub-letting storefronts to other retailers and it's entirely up to them to vet those retailers and ensuring that they and their products are complying with applicable laws and regulations. Statutory rights are also statutory rights - they cannot be waived (at least not in any sane legal jurisdiction) and Amazon is surely aware of that; it might be an independantly run department in the store, but it's still Amazon's store, I'm still paying Amazon, and in many cases the goods are also being shipped by Amazon, from Amazon's distribution centres. I buy groceries etc. from any number of manufacturers at the supermarket, but it's absolutely the supermarket that has to deal with any issues I might have with them, including any returns and refunds/replacements - operating online shouldn't (and doesn't) change that in the slightest.

      --
      UNIX? They're not even circumcised! Savages!
    22. Re: truth in advertising by Anonymous Coward · · Score: 0

      Err, criticizing religious practices

      Really? Is that all it is, merely criticizing their "religious practices"? It's not lumping all muslim people together so you can conveniently hate them all at once? What happened to "good people on both sides"?

    23. Re:truth in advertising by AmiMoJo · · Score: 0

      What has changed recently is that in a post-truth world there are no lies, only alternative facts. Also, all bad behaviour is just parody and satire.

      Thus there can be no unacceptable speech, only people who are trying to suppress the truth or don't get the joke.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    24. Re:truth in advertising by memojuez · · Score: 1

      "on the internet" matters when it's an issue of Bob lying to sell a widget on Amazon. If Bob was in a store selling widgets, the fraud is clear. If Bob is effectively anonymous and Amazon is the seller, with Bob's referral code, once the product arrives and the fraud is detected, taking action against Bob is almost impossible. It's not about "legal" but "enforceable". They are different, but related.

      Not necessarily true. I had an issue with a seller that failed to deliver the product I paid for. I contacted Amazon and they made it right.

      --
      Signature applied for, Patent Pending
    25. Re:truth in advertising by Anonymous Coward · · Score: 0

      > We already have a lot of laws that govern what businesses can and cannot say to customers in their efforts to sell them things. None of them are free speech violations, they're consumer protection limits.

      No, they are in effect "free speech" limitations. Denying it helps us in no way.

      This is the same as limiting one person's freedom of movement if said person is found to be a criminal and his/her freedom are deemed to possibly endanger others. This, alas, is a central point in GPL x FreeBSD licenses: that freedom itself cannot be absolute, but that there are other things which influence the scope / extent of that right.

      I'm certainly no specialist here, but a good start would be the French motto: Liberty, Equality and Brotherhood, which IMHO could be seen as "your rights", "the rights of everyone" and "the care for those in need" -- and we need to strike a balance between these three dimensions. For instance, one cannot be free when society disregard the poorer ones. I'm not pro State nor against Enterprises; I'm merely stating a fact, like poor people becoming sick and spreading disease to wealthy folks. Don't care about others at your own peril.

      > Enforcement is the real problem.

      It all starts in the realm of ideas and concepts. If you cannot accept any kind of freedom limitation, certain persons will keep on doing what is considered anti-society behavior like in the fable about the scorpion...

      Finally, there's the issue of lying. Although is a given that people (and organizations) lie, there must be consequences. And one must never wait for some offended party to prosecute, because there will always be powerless folks and minor issues about which no one particularly will sue, but when seen in their totality can damage a country.

      So the right to lie, if we understand such thing to be possible, should be also limited. Sorry, people, but absolute freedom is like any other absolute power and can corrupt absolutely.

    26. Re:truth in advertising by Anonymous Coward · · Score: 0

      Also, deliberately using a limited liability company structure to take the customer's money and run is a good way to get your corporate veil pierced and the people behind that company fined or in jail.

      Yeah that's what Kickstarter and shit is for.

    27. Re:truth in advertising by Anonymous Coward · · Score: 0

      Thousands of people have now probably watched a Falcon9 landing with their own eyes

      Probably more like hundreds of thousands.

      All fake news plants. Will they let you ride it for free to see if it is real? No of course not. They charge thousands of dollars so they can pay for Hollywood to fake it like at Universal studios to trick you. Everyone not on the rocket is just watching it in the distance, it is a movie for all they know. Smoke mirrors and holograms.

      The craziest thing? You can't even tell if I'm lying.

    28. Re:truth in advertising by jellomizer · · Score: 1

      The craziest thing? You can't even tell if I'm lying.

      Exactly, if there are people with views we don't like, they must be part of a conspiracy. Because how dare they have a different point of view.

      Granted I am not sure why people have issues with Space-X landing a reusable rocket. Most likely they may had issues of a left leaning company actually producing new technology.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    29. Re:truth in advertising by Anonymous Coward · · Score: 0

      +1, I agree entirely. You don't want to police the internet, but putting restrictions on commerce is a long tradition.

    30. Re:truth in advertising by Anonymous Coward · · Score: 0

      > What has changed recently is that in a post-truth world there are no lies, only alternative facts. Also, all bad behaviour is just parody and satire.

      *Yes*. I, for example, identify as Marie Antoinette, the queen of France. My gender pronoun is "Her Royal Majesty. Most ScrupdillyIcious Croissant of Love Throughout the Western World".

    31. Re:truth in advertising by Anonymous Coward · · Score: 1

      Another silly example is stepping into a bank and shouting "This is a robbery". You won't be charged with a speech violation and the First applies here. You will be charged though for either attempted theft or just disorderly conduct if lucky. The intent of your actions is a defense but a reasonable person can see how your actions would instill fear in others.

      What's protected is standing on a street corner advocating the robbing of banks. Nothing wrong there.

    32. Re: truth in advertising by Anonymous Coward · · Score: 0

      Correction: criticizing religious practicants can be hateful sometimes. It depends on the tone of the critic.

      Don't get me wrong, I fully support the legal right to spout whatever you like about everyone. Additionally I think that much of the mainstream discourse of what you call the left is also hateful.

      In my experience, most of the discourse that is full of broad generalization about groups of people, is a poorly taught discourse and is generally unneedely
        offensive toward those groups.

    33. Re:truth in advertising by Anonymous Coward · · Score: 0

      Most of what changed is distribution got easier. We now have a collision between Dunbar's Number and The Law of Big Numbers.

      Humans have a brain that's capable of tracking a social context of ~500 individuals. But with a population of >7Billion and trivial communication even an idea so stupid only one in a million people would fall for it can result in an online community large enough to seem like "literally everybody I know" build around the common cause of believing that hurricanes are geting worse because of the destruction of chupacabra habitats (think about it).

      Previously communication was highly geographical so you would be limited to a much smaller subset of the human population which was also much smaller and that made it harder to build social circles that contained cherry-picked individuals. You usually had to have beliefs held by at least a plurality of your nation to get a proper echo chamber going. Now you just put up a blog and delete any reader comment you dislike.

    34. Re:truth in advertising by war4peace · · Score: 1

      That means nothing. Amazon might have eaten the costs and the seller could have walked away with the money.
      Sure, that seller would have been banned from Amazon... until they created a new seller account and did it again.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    35. Re:truth in advertising by jedidiah · · Score: 2

      > That means nothing.

      No. The only thing that matters is that the customer was made right. He got his "eye" in the real biblical sense of the term. Nothing else really matters at that point.

      If Amazon took a loss then that's part of their cost of doing business. They choose to care about their reputation and bear the costs of protecting it.

      Your "envy" at someone gaining when they "shouldn't have" really isn't terribly relevant.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    36. Re: truth in advertising by jedidiah · · Score: 1

      > Correction: criticizing religious practicants can be hateful sometimes. It depends on the tone of the critic.

      Utter hogwash.

      Facts aren't "hateful".

      You either do or don't do something that a modern society should find reprehensible. It doesn't matter if it's Muslims, Xians, or Hassids.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    37. Re:truth in advertising by jedidiah · · Score: 1

      Watch what for yourself? Seeing it go up does not prove that it came down safely. For you to verify that yourself, you would probably have to put yourself at considerable risk. Seeing the LANDING for yourself, that would be something. That would prove something. Trying to witness that might also get you killed.

      Thus the basic problem here.

      If you didn't see it for yourself, you can't trust dick any more. We can alter video in real time and do all sorts of nonsense with. You can't even trust live video any more.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    38. Re:truth in advertising by Anonymous Coward · · Score: 0

      Not exactly. At the point of sale, it transitions from free speech into contract law. Basically, if money/goods/services are changing hands, then a contract is being made, and both sides are required to be honest about the nature of the contract, or it's not valid.

    39. Re:truth in advertising by doctorvo · · Score: 1

      If you advertise with false claims, I buy the product, and the product doesn't live up to what you claimed, that is a contractual violation. It can be addressed through regulation, but it is better addressed through the courts.

      "Truth in advertising", "fair trade", and "consumer protection", on the other hand, may actually be a restraint on free speech. Those can be prosecuted even when there is no demonstrable injury to any party. That opens doors to abuse and corruption.

      So, you're right that existing laws and regulations address this, but at least some of them may well be infringing on free speech rights already.

    40. Re:truth in advertising by doctorvo · · Score: 2

      Actually, laws against false adevertising are a free speech violation. That's because those laws were made in the realisation that it is in the interest of big corporations and politicians to be able to restrain the speech of competitors and citizens whenever they feel like it

      There, FTFY

      It is people who actually want their speech to be privileged, or immature teenagers, who think that free speech is absolute, without actually checking their facts.

      Ah, you are making the favorite argument of totalitarians. Glad you showed your true colors.

    41. Re:truth in advertising by RandCraw · · Score: 1

      To be precise, actions by media owners that constrain or oppose *paid* speech (including false ads) are *not* violations of the First Amendment. Such constraints are well within the rights of all media outlets to deny unless they are 'common carriers' like telephone (or internet) providers.

      Unless they are broadcast over public airwaves (which happens rarely anymore), any private- or corporate- owned medium has the right to dis/approve any paid promotional content from any customer for any reason. They cannot be forced to publish any 'free' speech (except perhaps Public Service Announcements coming from the government). However because denying political ads is likely to annoy many consumers, the airing of mainstream political ads largely unavoidable, even on subscription-only media.

      The First Amendment ensures only that no non-commercial agent can *suppress* speech in a public forum -- unpaid speech in an unpaid medium. The law does not apply to any commercial (for profit) medium. Historically, because television and radio were broadcast using public airwaves, the FCC required they 'serve the public good' by guaranteeing *some* public access (like a community channel or late night shows where the public could speak out individually). But with the fading of over-the-air broadcast media, those channels of public free speech have largely been closed. At the same time, corporate media owners have steadily diminished public access to their outlets, such that I'm aware of *no* open forums it TV or radio that remain.

      While the net has subsumed virtually all free speech that remains, any website may deny almost anyone access using means that circumvent lawful speech guarantee, such as violations of community guidelines, for example.

      Now that all major media in the US is corporate- owned and public access to major media has been eradicated, in practice, free speech no longer exists in America. All that remains is net noise.

    42. Re:truth in advertising by Impy+the+Impiuos+Imp · · Score: 1

      "on the internet" matters when it's an issue of Bob lying to sell a widget on Amazon. If Bob was in a store selling widgets, the fraud is clear. If Bob is effectively anonymous and Amazon is the seller, with Bob's referral code, once the product arrives and the fraud is detected, taking action against Bob is almost impossible.

      It's not about "legal" but "enforceable". They are different, but related.

      Amazon gets no pass in this situation -- go after them. Safe harbor laws protect against copyright infringement as long as the web site removes violations when notified in a timely manner.

      There is no such thing AFAIK to protect against sales, and sure as hell not against snake oil frauds.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    43. Re:truth in advertising by Anonymous Coward · · Score: 0

      ...and threats, particularly death threats, are justified (after the threat is challenged) as "just a joke".

    44. Re:truth in advertising by Anonymous Coward · · Score: 0

      Maybe in recent history, but we still have the "never landed on the moon" conspiracy theories floating around and a million or more people in total probably watched the Saturn V rockets lift off in/around the cape. In both cases its pretty humorous (or maybe sad) that people can believe the massive conspiracy (both in terms of money and people) that would be needed to fake such things. It would literally be easier to go to the moon/land first stage rockets than the massive time/resources that would be needed to trick so many people. Conspiracies do of course happen, (Iran Contra, Castro/Cuba Plots, internet/phone spying, etc) but they generally matter far more than something as silly as faking a PR stunt and yet still no one is really held accountable.

    45. Re:truth in advertising by omnichad · · Score: 1

      firstly, they managed to sweep up some highly regarded and almost certainly 100% safe products from reputable vendors in their "recall"

      They had to. Amazon's biggest problem is co-mingling in the warehouse. If it has the same ASIN, it sits in the same bin - no matter the seller. Anyone can come along and ship shoddy/knockoff products to Amazon and say "I'm selling x" and Amazon takes them at their word that it really is "x" and drops it in the same bin.

    46. Re: truth in advertising by omnichad · · Score: 1

      Facts aren't "hateful"

      motivation and wording are.

    47. Re: truth in advertising by Anonymous Coward · · Score: 0

      My favorite example is still the bong hitz 4 Jesus case at the Supreme Court.

      It was explained in detail that while brown v. Board of education extends the first amendment to schools, there are still limitations required to allow smooth running of public schools.

    48. Re: truth in advertising by Anonymous Coward · · Score: 0

      An isolated fact can't be hateful. It is just something that is true. But usually a discussion (or a monologue) consist o more than just facts. Most of the time, in the context of a discussion, the statement of a fact(true by definition) is used to imply that the main point of the discussion is also true.

      For example, I go to the store with a friend to buy a soda. As the Peruvian clerk is handing me the change, my friend tells me in low voice: "be careful with the money, once a Peruvian rip me of".

      Now, there was a fact: my friend once was cheated money by a Peruvian. But the implied message, that I was at a higher risk of being ripp of because the clerk was Peruvian, wasn't a fact (at least my friend doesn't presented compelling evidence that that was the case).

      As I said in the previous post, when the fact stated is about a negative trait or behavior, and the fact includes some broad category to which the ofender belongs, I suspect. It may be a good argument, but usually it isn't.

    49. Re:truth in advertising by thegarbz · · Score: 1

      Actually, laws against false adevertising are a free speech violation. That's because those laws were made in the realisation that no right can be absolute, that in any society there will always be rights that clash, and that the right to make a buck does not extend to lying to impact someone else's health and property.

      That's not a clash. You don't have a right to make a buck. You do have a right to free speech.
      However that was the only thing wrong in your statement. You are absolutely right that the laws aren't absolute. The constitution has exceptions, and one of those exceptions is "false statement of fact".

    50. Re:truth in advertising by Oligonicella · · Score: 1

      once the product arrives and the fraud is detected

      Emphasis mine. So you're already aware that there are laws dealing with the problem. To want to make it a free speech issue is disingenuous.

    51. Re:truth in advertising by epyT-R · · Score: 2

      This is the typical slippery slope argument made by people who want to censor speech in order to benefit their own agendas..ie for the opportunity to spread their own lies without fear of contest.

    52. Re: truth in advertising by Anonymous Coward · · Score: 0

      motivation and wording are.

      Agreed. But... you don't have the right to not be offended.

    53. Re:truth in advertising by mvdwege · · Score: 1

      Excuse me, did you have an actual point beyond playing Alex the parrot?

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    54. Re:truth in advertising by mvdwege · · Score: 0

      And this is the stereotypical bulshitting by an idiot who thinks throwing around terms without knowing what they mean makes him (and it's almost always 'him') sound intelligent.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    55. Re:truth in advertising by epyT-R · · Score: 1

      Ad hominem and sexism. Such fallacy and hypocrisy is not surprising at all.

    56. Re:truth in advertising by HiThere · · Score: 1

      Unfortunately, it *is* different when it's "on the internet". There are various "network effects" that come into play here, which can sometimes convert something annoying into something truly damaging.

      Perhaps the best approach is to expand "tortuous interference with business" to include non-monetary damages. But even that is quite dangerous.

      In a way it's like the problem with rapid communication. Once upon a time a person convicted of a crime could reform, move to another town, and build a new life. It wasn't easy, but it was possible. Now, even in another country, he's a "known felon". This has its good points and its bad points, but it's definitely not the same.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    57. Re:truth in advertising by Maxo-Texas · · Score: 1

      Aye,

      And so are laws against shouting "fire" in a crowded theater, or "Kill her!" to an excited crowd, or talking with the intent to commit a crime (as oppose to talking with the exact same words without intent to actually commit a crime), and so on.

      And of course always the distinction that the "right" to free speech is a granted restriction on the government by the government.

      There is no natural right to free speech. There is a natural right to *try* to communicate. It can't be taken away short of killing you. Even in solitary you may try to communicate with others. Even gagged you may try to communicate. You may not succeed but you can still try.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    58. Re:truth in advertising by Anonymous Coward · · Score: 0

      FTFY:

      It is people who actually want their speech to be privileged, or immature teenagers and what passes for journalists today, who think that free speech is absolute, without actually checking their facts.

    59. Re:truth in advertising by war4peace · · Score: 1

      No. The only thing that matters is that the customer was made right. He got his "eye" in the real biblical sense of the term. Nothing else really matters at that point.

      Um, I'd argue that whether the shady seller still got his money and therefore has a great incentive to continue his shady business DOES matter.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
    60. Re:truth in advertising by mvdwege · · Score: 1

      As I said, you'd make less of a fool of yourself if you don't use big words you don't understand.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    61. Re:truth in advertising by Anonymous Coward · · Score: 0

      Also, all bad behaviour is just parody and satire.

      Or "starting a conversation".

    62. Re:truth in advertising by Anonymous Coward · · Score: 0

      Quit ironic too that you, coming from a country with a repulsive history of colonialism and Nazi collaboration, a country where xenophobic right wingers are the second largest party despite massive interference in free speech, would attempt to criticize the US over racial issues on your blog or pretend that you have anything meaningful to say on free speech.

      You illustrate what Europe actually: a continent of aging "immature teenagers".

    63. Re:truth in advertising by T.E.D. · · Score: 1

      Other examples: Inciting a riot, libel, calling in a fake bomb threat, advocating the violent overthrow of the government, criminal conspiracy, verbal assault, making terroristic threats, and fighting words.

      So no, "Usenet ethos" or no, you don't get to cynically use words as weapons against other people and then hide behind "free expression".

    64. Re: truth in advertising by omnichad · · Score: 1

      Wait... So if I want to be offended, I don't have that right?

    65. Re:truth in advertising by epyT-R · · Score: 1

      As I said, more people would listen to you if you weren't such an obvious hypocrite.

    66. Re: truth in advertising by Anonymous Coward · · Score: 0

      effect

      affect. Sigh.

    67. Re:truth in advertising by mvdwege · · Score: 1

      You keep using those words. I do not think they mean what you think they mean.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    68. Re:truth in advertising by Anonymous Coward · · Score: 0

      I don't know what porn is -- but I know when I see it.

    69. Re:truth in advertising by Anonymous Coward · · Score: 0

      Mail order catalogs have been around since 1845 and classified ads were pioneered by Benjamin Franklin in 1729. People have been buying goods from distant people and places for a LONG TIME. I can't see much difference in claims made using a web page and claims made using a paper page or speech. This issue really is settled.

    70. Re:truth in advertising by martinfb · · Score: 1

      Strongly agreed.
      This (non)issue is twisted out of context. Like "Where is north of the north pole?" - it's senseless.

      Seems to me that "free speech" is a concept for allowing all opinions to be heard.
      However, it also seems prudent to ensure that freely expressed opines not contain misleading content that might harm another party unduly. And, such content seems, these days, to need disclaimers indicating that it is just an opinion.

      And, there is no such thing as "alternate facts"! Just alternate opinions.
      Let's be very clear about that, and stop calling them "alternate facts". This misleads vulnerable minds.

      e.g. Tillerson is said to have called Trump a moron. That is his opinion. It may be true.
      And it could also be that Trump just keeps doing moronic things, yet does not fully fit the definition of moron.
      Anyone that voted for Trump is also a moron. Yet that is just another opinion.

      --


      Self-importance and self-indulgence is the root of ALL evil.
    71. Re:truth in advertising by physicsphairy · · Score: 1

      "I have magic beans for $1.00 that if you shove up your nose give you laser vision." Alright, come prosecute me for my false advertising.

      I can say what I want. Rules about false advertising don't govern speech, they govern the handling of explicit and implicit contracts. It's whether or not I deliver what I say I can deliver that will get actually me in trouble, and then only if I have set up a legitimate physical context for defrauding someone. Yes, you can use speech to forge those contracts. That doesn't mean it's the speech that's regulated, anymore than the fact you can't stab someone with the sharpened end of a picket sign shows that laws about murder are actually regulations on your right to protest.

    72. Re:truth in advertising by Anonymous Coward · · Score: 0

      Exactly.. In fact, the right to free speech does not, and in fact has never , applied to advertising or representation of any item for trade or sale. So to pose the question as to whether it should is, I believe,, well... rather silly. It's like posing the question of whether peopple should have the right to swindle, or steal. These things are crimes because they violate a specific second party. False advertising does the same. It does not violate the casual observer, although it may offend, in the same way that offensive free speech may do so, but it clearly violates the trust of those that choose to respond, unlike simple free sperech which does not require any frurther partiucipation of the reader, or listener.

  2. Bring it on by Anonymous Coward · · Score: 0, Flamebait

    It's the next step in evolution. If you're stupid enough to fall for it, you deserve it.

    1. Re:Bring it on by Opportunist · · Score: 1

      So I guess you should be required to study medicine from now on before buying medicine? And I better am a qualified car mechanic to make sure the car I'm about to buy isn't going to kill me next time I am on the freeway? Maybe a degree in chemistry, botany and biology to make sure the pesticides on my food and residual medical stuff they pumped into the pig isn't going to kill me if I eat that steak? And maybe I should take my testing kit with me next time I order a mushroom soup to make sure they didn't just dump anything they found in the woods without checking for poisonous specimens?

      Because if it does, it's just my own fault, right? If I'm stupid enough to buy it without knowing how to check for those perils, it's my own damn fault.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. Is it legal? by UBfusion · · Score: 1, Interesting

    I'm taking the conservative approach: If it's legal it's free speech. Otherwise the advertisers wouldn't risk posting said info.

    I can't accept that "if it's free speech it's legal" approach. Otherwise speech promoting violence and hatred would be legal.

    1. Re:Is it legal? by Anonymous Coward · · Score: 3, Insightful

      All speech should be legal, full stop. Free speech should always be an absolute right. The consequences of that speech should be what is punished, not the speech itself. The whole "shouting fire" thing is actually 100% legal in and of itself. Doing so and causing a stampede that results in serious injuries? Punish for the panic and injuries, not the shouting.

      "Hate speech" is a bullshit term used to mean "speech I find unsavory" and therefore should not hold any weight.

    2. Re:Is it legal? by PopeRatzo · · Score: 1

      I'm taking the conservative approach: If it's legal it's free speech. Otherwise the advertisers wouldn't risk posting said info.

      That's a very poor moral framework, and cedes too much power to the legal system. Legal does not equal moral and vice versa. I agree with the point you're making, but I believe putting morality subsequent to "legal" or "free" is one way we get into trouble.

      --
      You are welcome on my lawn.
    3. Re:Is it legal? by rossz · · Score: 4, Interesting

      Actually, hate speech is free speech. Of course, there is no requirement that people listen to the speech.

      The violence one is a bit tricky since far too many people are now equating disagreement with violence (words hurt campaign).

      --
      -- Will program for bandwidth
    4. Re: Is it legal? by Anonymous Coward · · Score: 0

      That could be a slippery slope too though. If someone says "kill yourself!" and you do it, they should go to jail for the consequences of their words?

    5. Re:Is it legal? by Mashiki · · Score: 1

      "Hate speech" is a bullshit term used to mean "speech I find unsavory" and therefore should not hold any weight.

      Hate speech is also used to silence people. So enjoy the slippery slop we're now seeing in Canada. The Liberal Party(federal) pushed M103 through. That motion directly pushed a "if you speak up against muslims/engage in islamophobia/etc" it's very very bad. 7mo later, those same people who said "it won't impact free speech" are now pushing blasphemy laws to protect islam from criticism in any form and using m103 as the basis of it.

      There were multiple attempts by the conservative party to get it reworded to apply to all religions in the effort not to single out a single one. I still disagree with that fully, but I get the point they were trying to push. The liberals were all over the "poor old muslims, just look at what's happening!" Hell I've even read left-wing pundits screeching that just because the terrorist attack in edmonton was by a muslim, who was also in love with isis and wanted to kill westners. This shouldn't be mentioned at all because obviously it would hurt all those muslims feelings.

      Obviously this is all just islamophobia or something.

      --
      Om, nomnomnom...
    6. Re:Is it legal? by Anonymous Coward · · Score: 0

      Speech promoting violence and hatred Are legal.

      speech can be suppressed by the state, only when it indicates immediate threat of harm. (crying 'FIRE' in a crowded theater.)

      "I want to kill you" is not a threat legally. "i'm going to go home, get a gun, come back and fucking kill you" is a threat.
      "%raceorculture should all be exterminated because %stupidreason" does not rise to the point of suppression. "Let's get some rope and start hanging these fuckers" does.

      Immediate threats of harm, bad. Anything short of that, not bad.

      the _Nanosecond_ you start suppressing people's speech because "it promotes violence" or "it promotes hate" then you start down a pretty slick slope. and the bottom of that slope is Nasty.

      You should probably read 1984, and then follow that up with brave new world.

    7. Re:Is it legal? by berj · · Score: 2

      Trying to pass blasphemy laws? Shit son. Canada has had a law against blasphemy since 1892. And just this year the liberal govt has put forth bill C-51 which will act to repeal that law. But don't let that get in the way of a good screed.

      Hopefully those who read your post will actually look to find out what M103 actually is and what it actually says rather than believing the garbage you wrote.

    8. Re:Is it legal? by Anonymous Coward · · Score: 0

      your joking right?

      I think you aught to reconsider your premise; because "I can't accept its free speech is legal", is the reason why the Revolutionary War was fought.

    9. Re: Is it legal? by Anonymous Coward · · Score: 1

      How do you punish, though, for the slow changes to human behavior?

      Take your example- if a bunch of idiots falsely yelling "fire" eventually train us not to kill each other by stampeding out of the theater, aren't they also culpable when there's actually a fire, we ignore that warning, and die in the fire?

    10. Re:Is it legal? by Anonymous Coward · · Score: 0

      "your joking right?"

      My joking left!

      "I think you aught to reconsider your premise;

      I think you ought to learn to spell!

    11. Re: Is it legal? by Anonymous Coward · · Score: 0

      Hate speech is legal in the USA. Full stop. If using hate speech gets you kicked off of forums or what have you, congrats you're an asshole and decent people are showing you the door.

    12. Re:Is it legal? by Anonymous Coward · · Score: 0

      Actually "I want to kill you" depending on context most definitely can be taken as a threat of harm. A Threat is merely whether the person felt legitimately threatened, the exact words are not the critical part. Speech promoting hatred is legal, promoting violence is a grey area or illegal depending on context as you are not free to promote commiting a crime and acts of violence are in fact crimes and hence you definitely can be shutdown/arrested for that should they choose too.

    13. Re:Is it legal? by Calydor · · Score: 1

      Blasphemy laws are slowly changing the world over so you can speak out against any religion*.

      *Islam not included.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    14. Re:Is it legal? by AmiMoJo · · Score: 0

      equating disagreement with violence (words hurt campaign)

      There doesn't seem to be an official campaign with that name, but generally speaking such things don't equate disagreement with violence. They merely point out that saying certain things does cause emotional pain to others.

      Depending on the statement and the situation, it may be completely fine to cause emotional pain to others. Desirable, even. But that's not what these campaigns are usually about, they are mostly aimed at stopping children getting bullied for things they can't do much about, e.g. their disability.

      Of course, they usually come down to an appeal to your sense of decency and your humanity to be nice to people, which again is why they are often aimed at children since those things are less developed during childhood.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    15. Re:Is it legal? by Mashiki · · Score: 1

      Trying to pass blasphemy laws. When was the last time that the existing blasphemy law on the books enforced? Right. Do you know why? No? Let me help by pointing you to canlii.org. Now you realize that there is a difference between a blasphemy law, and blasphemy libel right. Now why don't you read m103 and tell everyone why it's already having a chilling effect on free speech and tell everyone why pundits, and the liberals in power have turned around and started using m103 to conflate religion and the criticism thereof as racism. I'll wait, because this is gonna be a good answer I'll bet.

      --
      Om, nomnomnom...
    16. Re: Is it legal? by oobayly · · Score: 1

      I wish the UK had the free speech protections that the US has - it's great for filtering out assholes. For instance, take a colleague of mine. He [tried] starting a conversation with "Coons make up 40% of the prison population in the US". He is completely correct about the percentage, but he immediately allowed people around him to know that it's not worth getting involved as he's probably going to try pinning the reasons on race rather than social or financial reasons.

    17. Re: Is it legal? by volkris · · Score: 1

      They key is that it wasn't a consequence of their words.

      All too often lately there's been this sense that words are magic, that they carry their own power to manipulate and control the world.

      We need to always keep fact in mind. Here we'd remember that words are mere symbols without power or meaning except for that projected by the interpreter.

      Someone hearing the words "Kill yourself!" first has to attach that meaning to those words before deciding in his own mind to act. They aren't the words that caused the killing, but the victim's own decisionmaking process.

    18. Re:Is it legal? by DNS-and-BIND · · Score: 1

      Words can have a powerful effect on your nervous system. Certain types of adversity, even those involving no physical contact, can make you sick, alter your brain â" even kill neurons â" and shorten your life.

      Your bodyâ(TM)s immune system includes little proteins called proinflammatory cytokines that cause inflammation when youâ(TM)re physically injured. Under certain conditions, however, these cytokines themselves can cause physical illness. What are those conditions? One of them is chronic stress.

      Your body also contains little packets of genetic material that sit on the ends of your chromosomes. Theyâ(TM)re called telomeres. Each time your cells divide, their telomeres get a little shorter, and when they become too short, you die. This is normal aging. But guess what else shrinks your telomeres? Chronic stress.

      If words can cause stress, and if prolonged stress can cause physical harm, then it seems that speech â" at least certain types of speech â" can be a form of violence.

      Thatâ(TM)s why itâ(TM)s reasonable, scientifically speaking, not to allow a provocateur and hatemonger like Milo Yiannopoulos to speak at your school.

      https://www.nytimes.com/2017/07/14/opinion/sunday/when-is-speech-violence.html

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    19. Re:Is it legal? by Gonoff · · Score: 1

      your joking right?

      ...the reason why the Revolutionary War was fought.

      That's not the most common reason that people think.
      Try No taxation without representation. It was firstly about tax - tax on mercheants in fact.

      --
      I'll see your Constitution and raise you a Queen.
    20. Re:Is it legal? by squiggleslash · · Score: 1

      If it's legal it's free speech

      That definition has a loophole so wide you could drive the Titanic through it.

      "Sure, we're banning people from kneeling during the National Anthem, but that's not a restriction on free speech because it'll be illegal and thus not free speech once it's banned!"

      I'd like to suggest instead that we go battle my 23 year old self (roughly half my age) who used to fetishize free speech in the same way most people do here. There's a world of difference between illegal, bad, and "Stuff you should feel obliged to republish." We can argue that legal bans and moderation within large communities are two different ways someone can restrict free speech, but that doesn't make the latter bad, merely something people should be wary of doing too broadly.

      Google, Facebook, et al, should be thinking in terms of whether certain content actually harms society as a whole, and determining at what level to support that content. If, for example, someone is buying ads to harm a political candidate, the truth of those ads absolutely should be a factor before either decide to sell to the advertiser.

      That's what they should be doing anyway. But I'd be extremely wary of any laws that force them to do so, beyond those that exist today that they allegedly have been ignoring or otherwise not enforcing properly.

      --
      You are not alone. This is not normal. None of this is normal.
    21. Re:Is it legal? by Anonymous Coward · · Score: 0

      I need mod points. LOL

      too lazy to login

    22. Re:Is it legal? by Anonymous Coward · · Score: 0

      They're not eliminating it. They're just replacing "God" with "zie/zer/them/theirs/em/eirs/emself/", and the real winner lately, "spivak".

      Woe be unto he/she/it/they/fuzy-teddy who use the wrong pronoun.

    23. Re:Is it legal? by Anonymous Coward · · Score: 0

      A lofty ideal. However, I would like to see you still defend it while watching your mother cry because she was verbally assaulted by hooligans for an hour, or after your gay son's funeral has protesters holding signs condemning his lifestyle. Then when you rightly go to remove these unproductive wastes of society's resources being told "Derp its free speech lol u gotta deal dude", we'll see how committed you are to this misguided ideal that all speech should be free and equal.

    24. Re:Is it legal? by mr.mctibbs · · Score: 1

      Promoting violence is not illegal. Inciting violence is illegal -- these are very different things.And incitement's a high bar.

    25. Re:Is it legal? by Anonymous Coward · · Score: 0

      There is a rich history of not only outlawing things that directly hurt people, but also outlawing things that have a reasonably large probability to indirectly hurt people. A prime example would be driving 140mph through a suburban neighborhood. You haven't hurt anyone, but there is a good probability that you might, and the benefit to society of being allowed to drive 140mph through suburban neighborhoods is outweighed by all of the otherwise maimed and killed children.

      This is the exact same thought process behind the "yelling fire" laws. I want you to have free speech, I really do, but when your speech has a good probability of killing people, it is arguable that it should not be allowed.

      A much more extreme example of this same concept with regards to freedom of speech would be attempting to hire a hitman. Suppose whats-his-name ran an ad in the newspaper offering a hundred grand to anyone who would go put an end to so-and-so. According to your statements, there is nothing wrong with that, all the way up until so-and-so is actually killed. The mere utterance of the offer of a hundred grand to murder so-and-so is free speech, so whats-her-name should be allowed to do so with impunity. This is, I think, clearly flawed from the point of view of any functioning society.

    26. Re:Is it legal? by berj · · Score: 1

      Exactly right.. except for not at all. At least not in Canada as the person I was responding to was asserting. He was either grossly misinformed because he never read any of the legislation in question and just believed whomever was telling him what to think.. or he was flat out lying. Either way...

    27. Re:Is it legal? by serviscope_minor · · Score: 1

      All speech should be legal, full stop. Free speech should always be an absolute right.

      Solicitation of murder is also speech. Are you claiming that if you offer $10,000,000 to someone to commit a murder then you should only be prosecuted if the murder happens?

      Personally, I think that's bullshit because with an offer of that size, you're very very likely to find a taker pretty quickly, meaning the murder is almost guaranteed unless you're stopped.

      Fortunately no legal system in the world agrees with you and almost no one actually believes that free speech is truly absolute.

      --
      SJW n. One who posts facts.
    28. Re:Is it legal? by Oligonicella · · Score: 1

      â" even kill neurons â"

      No. Neurons form and die off all the time. No one can tie anything other than a direct physical injury to a specific neuron's death.

      Thatâ(TM)s why itâ(TM)s reasonable, scientifically speaking, not to allow a provocateur and hatemonger like Milo Yiannopoulos to speak at your school.

      And there we have the political underpinning for the false statement.

    29. Re:Is it legal? by rossz · · Score: 1

      You proved my point.

      --
      -- Will program for bandwidth
    30. Re:Is it legal? by Anonymous Coward · · Score: 0

      No.

      If your "hate speech" advocates killing other people for ANY reason, then it is NOT protected by the First Amendment. Period.

      I'm amazed at how many self-proclaimed nazis (or KKK, or white supremacists, or alt-right, or whatever euphemism they're trying to use this week) want to fall back on the defense of "free speech" protecting what they're saying. It doesn't.

      You can't yell "Fire" in a crowded theater and expect your "speech" to be protected.

      You can't advocate for murder and expect your "speech" to be protected (since you're advocating violating someone else's rights).

      Here's a simple summary for anyone that doesn't understand how rights work:
      "Your right to swing your fist ends when it intersects my nose."

      You can't advocate for violation of my rights and expect any protection for your behavior from the bill of rights, any more than you can swing your arm and punch me in the nose. You can still do both of these things, but they aren't PROTECTED actions. The government can take action against you for either of these things. If you don't think so, try threatening to kill someone online, with your real name, and then try to use "free speech" as a defense. I guarantee you it won't work.

    31. Re:Is it legal? by Anonymous Coward · · Score: 0

      "[something] is free speech" is a meaningless statement, and is also meaningless when posed as a question.

      ...and you are wrong, the SCOTUS has decided that some instances of hate speech are not protected by the first amendment (https://en.wikipedia.org/wiki/United_States_free_speech_exceptions).

    32. Re:Is it legal? by Anonymous Coward · · Score: 0

      "The violence one is a bit tricky since far too many people are now equating disagreement with violence (words hurt campaign)."

      Source? Other than right-wing news?

      Yeah, thought not.

    33. Re:Is it legal? by sjames · · Score: 1

      Absolutely, but that only moves the problem.

      It is fairly clear that the purpose of free speech in the Constitution is to make attempts at peaceful political change explicitly legal. For example, saying "The king is an idiot and should be deposed". The thing is, that is very clearly also a call for an action. The speaker is clearly hoping to introduce the idea to others and so in the longer term, cause the king to be deposed. Most places where the monarch isn't just a figurehead make that intent illegal. Most of them would claim it isn't the speech, but the attempt to weaken the king that is being punished.

      Consider, the blacklisting during the red scare.

      Hate speech is a more recent slippery slope. At what point does my speech cross the line from an expression of my own dislike for group X and an incitement to illegal discrimination or violence against members of X?

    34. Re:Is it legal? by Anonymous Coward · · Score: 0

      Given that every single person who voted for Trump is a Nazi, and according to CNN every single white man is a Nazi "by default", I'd like to start seeing some proof about all of these "Nazis" "advocating for murder" as you put it.

    35. Re:Is it legal? by berj · · Score: 2

      What bills have been presented? Which of the bills that the commons is currently reading/debating since M103 passed (at the end of march) are the ones regarding blasphemy? Be specific.. include the numbers.

      Here.. I'll help. here's the list of bills from the Liberals in the current session of parliament

      https://www.parl.ca/LegisInfo/...

      Please point them out. Since they're trying to pass laws that must mean there are already bills before the commons.. right?

      And you're the one telling everyone that M-103 is having a chilling effect on free speech.. prove it. Show me the debates in the commons mentioning M103 specifically and using such to bolster up an anti-free speech agenda. You're making some bold assertions as if they are facts.. I trust you have some proof.

    36. Re:Is it legal? by Anonymous Coward · · Score: 0

      There's this place called 'Berkeley' you should read about. Lot of shit's been going down there recently.

    37. Re:Is it legal? by Anonymous Coward · · Score: 0

      > If your "hate speech" advocates killing other people for ANY reason, then it is NOT protected by the First Amendment. Period.

      Funny, I don't see anything in the actual amendment that makes that exception.

      In fact, I don't see any exceptions at all. I wonder where those came from?

    38. Re:Is it legal? by koavf · · Score: 1

      Yours is a distinction without a difference. And no, not all free speech should be legal because there is no way to determine the difference between the "free speech" of a fraudulent contract and the "fraud" of a fraudulent contract.

  4. This should cover it. by Anonymous Coward · · Score: 1

    its the Wikipedia article on free speech it should cover internet speech as well. Seems that there has been some cases about lying about facts and false advertising in commercial speech.

    https://en.wikipedia.org/wiki/United_States_free_speech_exceptions

  5. Re:Slashdot readers should sure hope so by Whiney+Mac+Fanboy · · Score: 5, Insightful

    then stop with the FUD that portrays those companies as actively working against the interests of society and most people.

    All companies will actively work against the interests of society and most people if it is within their own interests to do so. Microsoft & the rest of the big tech companies do so everyday by actively evading paying their fair share of taxes.

    --
    There are shills on slashdot. Apparently, I'm one of them.
  6. I don't know by Anonymous Coward · · Score: 0

    How many alts can cdreimer have? Is that free speech as well?

  7. On the internet? by nasch · · Score: 1

    There can be no generalized answer to this question. Any particular case would have to be decided on its merits. As mentioned, the FDA could punish them for making unsupported claims about a cure. The FTC could come after them for false advertising. But in any case, "on the internet" has absolutely nothing to do with it. There are no special rules for any of this stuff that apply only to the internet.

    1. Re:On the internet? by talis9 · · Score: 1

      The other thing to remember is, the internet is international. What is "free speech" where you are is not necessarily "free speech" where the reader is. Your laws don't apply everywhere (for whatever value of your).

      Also "free speech" does not mean freedom from consequences.

    2. Re:On the internet? by Anonymous Coward · · Score: 0

      The other thing to remember is, the internet is international.

      And?
      If you post something online in a country that doesn't have free speech you will be punished for it.
      You can try 'hosting' it in another country but if it can be traced back to you you will still be punished.
      It's only if you live in another country that you will get away with it.
      Being online and international has very little impact.

      What we really should remember is that it isn't actually you who do the speaking. In this case it is Slashdot that 'speaks' on your behalf.
      Do they have an obligation to serve any content you post or are they free to remove posts they don't want to spend the resources on?
      Usually you cannot force some other citizen to spend their time arguing for your point if they don't agree with it.

      That means that it is only a free speech issue if the government tells Slashdot to remove certain posts since it limits their freedom of speech.
      If Slashdot decides to remove the posts without government intervention it is their right to do so and you are free to post them elsewhere if you don't like it.

    3. Re:On the internet? by Gonoff · · Score: 1

      The other thing to remember is, the internet is international.

      And? If you post something online in a country that doesn't have free speech you will be punished for it. .

      Wikileaks for example. If you were responsible for content on it and were within reach of supressors of free speech, your surname would be Manning...

      --
      I'll see your Constitution and raise you a Queen.
    4. Re: On the internet? by nasch · · Score: 1

      In this case it is Slashdot that 'speaks' on your behalf

      Section 230 of the Communications Decency Act specifies that a platform such as Slashdot cannot be considered as the author of any material posted by its users.

    5. Re:On the internet? by Opportunist · · Score: 1

      Also "free speech" does not mean freedom from consequences.

      Actually, it does.

      It means that you speaking your mind is not punishable by law. Else we're back at the old Soviet era joke:

      "Is there freedom of speech in the Soviet Union?"
      "Yes. But there may not be freedom after speech"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:On the internet? by omnichad · · Score: 1

      So make perjury legal too, while you're at it?

    7. Re:On the internet? by Opportunist · · Score: 1

      Perjury is not only speech, it's damaging property or goodwill. There is plenty of speech, though, that does not damage anything or anyone but we should not engage in it. A widdle feeling could be huwt.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:On the internet? by omnichad · · Score: 1

      You're the one who said "free speech means freedom from consequences." You did not put any disclaimers on that at the time.

      The fact is, any damage to property or goodwill is caused by the speech itself, so that means that the speech itself is illegal in that case.

    9. Re:On the internet? by Anonymous Coward · · Score: 0

      You heard it here first, folks: speech causes crime. You have no choice but to riot when told to do so.

      Better get a shitload of gags and compel every citizen to wear one at all times. They could say something inciteful at any moment! The consequences are too terrible to risk.

    10. Re:On the internet? by david_thornley · · Score: 1

      If your speech is free of consequences, why speak? Nobody will do anything you ask them to. Nobody will pay attention. People typically ask questions because they want answers, a consequence of their speech. People usually say things because they want consequences.

      If that's free speech, I don't want it.

      You appear to want speech free of the consequences you don't want, but with the consequences you do want. We don't get to pick and choose our consequences, though.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    11. Re:On the internet? by Opportunist · · Score: 1

      Sorry, over here in Europe we tend to use common sense and not require everything to be spelled out that is fucking OBVIOUS.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    12. Re:On the internet? by Opportunist · · Score: 1

      Are we already at reductio ad absurdum? C'mon, find a better argument, this is boring.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    13. Re:On the internet? by omnichad · · Score: 1

      Are you sure you're talking about common sense and not pedantry? The speech is what's illegal if it causes the harm.

    14. Re:On the internet? by Anonymous Coward · · Score: 0

      It's entirely subjective. Two people can hear the same speech and come to completely opposite conclusions about it, so there is clearly no way to prove any speech ever "caused" any act.

      Just like what offends people varies, and you can't outlaw "offensive" speech for that reason, you can't tell what speech might provoke person A but not person B, or vice versa.

    15. Re:On the internet? by david_thornley · · Score: 1

      Hey, I didn't provide any of the premises or assumptions. What I said is the logical consequence of what you said, as well as an analysis (which might be wrong, but that's not what you're complaining about). If you don't want a reductio ad absurdam, don't set one up.

      If I can say things that make people more likely to invite me to something, hire me, or have sex with me, then I can certainly say other things and people will be less likely to invite me to something, hire me, or have sex with me. Them's consequences. Are you trying to tell me that, if I would invite someone to dinner if they talked about wanting racial equality, I'd have to invite that person if they were a self-described Nazi? If not, then there clearly are some consequences of free speech that you're comfortable with, and presumably some you aren't.

      This came up recently with the discussion about whether a business should fire a Nazi for demonstrating as a Nazi. Neither side is obviously completely correct.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  8. Miracle Berries? by bill.pev · · Score: 1

    And you're asking this about Miracle Berries?
    There are much better, and more costly, examples of lying on the internet.
    I agree. Its a great question.

    So let's stick with berries and see where that takes us.

  9. No by Anonymous Coward · · Score: 0

    Anything deliberately false for political, economic, or other gains should be regulated the same as libel and slander, in my opinion. However this is a very slippery slope and "deliberately" and "gains" would have to be carefully defined. Someone repeating nonsense without knowing better (i.e. your drunk uncle on facebook) shouldn't be charged, but an organized group purchasing an ad for the masses should be held accountable. Legislation would have to be carefully crafted.

    1. Re:No by Zaelath · · Score: 1

      IANAL, however; They're never "carefully defined" they're judged by the court.

      In a civil case you'd have to prove you're actually a complete blithering idiot and really believe goji berries can cure cancer.

      In a criminal case, the prosecution would have to prove you knew you were going to hasten the deaths of all the other idiots that binged on your berries instead of chemo.

      The civil case is winnable, but fruitless because the company has no assets. The criminal case is probably too difficult to make and doesn't have enough political will behind it.

      So, it's lose/lose unless you're in China; https://www.businessinsider.co...

    2. Re:No by Opportunist · · Score: 2

      I would be very careful with this.

      What I think we could agree on is this: If I make a claim about a product, the product has to fulfill that claim or I shall be liable for false advertising or even worse. E.g. if I claim that I have the cure for cancer here but only if you forgo conventional therapy, I sell it to you with this premise and you rely on my product exclusively, then die and it can be shown in court that not only my product is complete bunk but you would have had a sensible chance of survival or at least a longer life, I should be in for at the very least manslaughter.

      Personally, I'd call it murder.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Short answer: yes by Todd+Knarr · · Score: 1

    Yes, it's free speech, just as it's free speech to deliberately mislead people in print or when speaking. But just as with in-print or speaking, deliberately making false statements opens you to the backlash when you're fact-checked and proven to be knowingly lying to people, along with the possibility of being sued for libel or slander (since you're talking about deliberate untruths, the public-figure exception will be exceptionally hard to hide behind).

    1. Re:Short answer: yes by Vegan+Cyclist · · Score: 1

      Yes, we've had fake ads and other false statements since print began..

      I think the better question is: is lying still considered free speech in America?

      I believe it's a resolute 'yes' unless someone can sue another successfully, then it stops.

      So you can say whatever you want until it's decided what you're saying isn't allowed.

    2. Re:Short answer: yes by fafalone · · Score: 2

      Fraud is an exception to free speech, and that's what these products are doing.

    3. Re:Short answer: yes by Rockoon · · Score: 1

      Fraud is not an exception to free speech.
      ,br> Tricking you into giving me money in a fraudulent matter is a property crime. The property being the money. It is not a speech crime.

      --
      "His name was James Damore."
    4. Re:Short answer: yes by houghi · · Score: 1

      It is a limitation to free speech. The moment you can not say what you want, it becomes a limitation to free speech. Is this good? Absolutely.
      It just depends from country to country where you draw the line.
      Free speech is that you are allowed to say anything anywhere without limitations.
      That said, there is a difference in what "Free Speech" means in a discussion or legally. e.g. you can have free speech by law that excluded certain things, like "Fire" if there is none. So then it just becomes "how do we define free speech from a legal point of view" and you can include everything and still hold up the term "free speech". Bit like "Democratic" in the official name of North Korea.

      --
      Don't fight for your country, if your country does not fight for you.
    5. Re:Short answer: yes by Anonymous Coward · · Score: 0

      Fraud and libel aren't precisely exceptions to free speech.

      It's more that free speech is not adequate to protect you from the consequences of somone believing your false speech.
      That is, if someone takes you at your word and it results in injury you bare some responsibility.

      It's not quite "you can't say that" so much as "if you say that and some idiot actually does it you'll be in trouble".

    6. Re:Short answer: yes by Anonymous Coward · · Score: 0

      Caveat: this answer is deliberately misleading.

  11. tradeoffs by supernova87a · · Score: 4, Insightful

    The new problem is this:

    For most of the past, free speech has come with the practical limitation that the person making the speech was associated to it, and had some burden of personal accountability. So, whether out of shame, counter-arguments, not being able to hide behind a fictitious agent, etc., people making demonstrably false statements would have limits to the quantity and quality of their speech. And, by the way, people's gullibility of it.

    Now we have this new channel where everyone, including fake names and anonymous agents, are equal. In your Facebook feed, everyone has an equal voice, which contrary to some people's original idea of the internet, doesn't now make it possible for the best and most thoughtful opinions to be spread, but rather the worst. And not everyone is smart enough to tell the difference, or even has the time.

    Newspapers, journalists, universities, governments, etc. previously served the role as our filter of what was "high quality". For good and bad, of course, because they're not always right.

    But now we took off the filter. How do we get some of it back without taking away the parts we like?

    1. Re:tradeoffs by I75BJC · · Score: 5, Insightful

      Please read history. Political change has, many times, started with anonymous speech. For example, without anonymous speech there would have been no rebellion in the American Colonies of Great Britain. Because many of the political tracts were published without attribution, the Crown could not find all the authors and punish them. The shear number of anonymous authors and means of publication is one of the reasons that the Colonies were united in their rebellion against Britain and successful in their Revolution. Simply stated, No Anonymity; No USA.

    2. Re:tradeoffs by Anonymous Coward · · Score: 0

      Anonymous speech and fraudulently attributed astroturfing are not the same thing. Also for "anonymous" speech in the context of something like the American Revolution... people were pretty nearly 100% certain it wasn't being published by the British as a false flag, perhaps due to the reputation of the publisher.

    3. Re:tradeoffs by Anonymous Coward · · Score: 1

      Anonymous speech and fraudulently attributed astroturfing are not the same thing. Also for "anonymous" speech in the context of something like the American Revolution... people were pretty nearly 100% certain it wasn't being published by the British as a false flag, perhaps due to the reputation of the publisher.

      The Democrats/MSM/Left seem to believe that the general public is so fucking stupid and susceptible to the power of Facebook advertisements that people cannot be trusted to form their own opinions, Perhaps we should bring back some kind of poll test. Wait. No. The left doesn't want the people who vote for them to be disenfranchised, only the ones who vote against them.

    4. Re:tradeoffs by Orgasmatron · · Score: 1

      After the Revolutionary War, there was a debate on the proposed new constitution. Many of the essays that we now cherish as The Federalist Papers and The Anti-Federalist Papers were published anonymously. In some cases, we still don't know who wrote them.

      --
      See that "Preview" button?
    5. Re: tradeoffs by Anonymous Coward · · Score: 0

      The left believes this with good reason. The right is extremely gullible to any little conspiracy theory thanks to talk radio and fox news and more than a decade of alternative facts. It's sold as a tantalizing real truth and the viewer/listener is being let in on a secret. Don't believe me? The Masadonian fake news stories were shared by right leaning groups far more than left leaning groups who tended to trash fake stories as fake. You could call the left gullible for believing the MSM but it prevented them from sharing bogus shit posted by foreigners looking for profit from impressions.

    6. Re: tradeoffs by Anonymous Coward · · Score: 0

      you are a fucking idiot and probably both a sociopath and a paid troll

    7. Re:tradeoffs by Anonymous Coward · · Score: 0

      You must not be human.

      https://www.fastcompany.com/3032675/5-psychological-tactics-marketers-use-to-influence-consumer-behavior

      Note that this is a few years old and ahead of '#fakenews'.

      If you think people can't be subtly influenced by bias in news/advertising/whatever, then you are as big of an idiot as I think.

      Anonymous, but Right Wing so fuck off with your 'i hate democrats'. Stop hating and assuming because the bias in your facebook and friends is obviously affecting you.

    8. Re:tradeoffs by Anonymous Coward · · Score: 0

      There was still a filter in 1770. The publishers. They would not just publish anything, in general they required that the person publishing be a gentleman of letters. This prevented most garbage from being published. We now have no filter at all, and its clear that the bad actors in our world are happy to spread misinformation, lies, and weaponized pravda into our midst freely, and most people are too uninformed to know the difference.

    9. Re:tradeoffs by Anonymous Coward · · Score: 0

      If you think people can't be subtly influenced by bias in news/advertising/whatever, then you are as big of an idiot as I think.

      It's a shame us people in flyover country can't be as smart as our coastal masters. I know we'll never be able to know what's best for us so you better do it for us. We're just a bunch of helpless bumpkins and need somebody wise to rule over us. I don't even know how you all managed to rise above all that Russian campaigning and fake news. It's just beyond our comprehension.

      Anonymous, but Right Wing so fuck off with your 'i hate democrats'. Stop hating and assuming because the bias in your facebook and friends is obviously affecting you.

      I am the O.P. You are the one that's fucking stoooopid. I voted for Obama... twice... I did not vote for Trump or Hillary. I don't use Facebook and I make judicious use of ad blockers. I don't even see TV commercials. And yes, I am tired of the Democrats/left/whatever bitching and moaning about how they had their election hacked. Your candidate SUCKED! I would have voted for Bernie, but the Democratic machine sure fucked that up, huh? Maybe next time you don't crown the queen before you think about how she will fare in the general election. Jesus! She couldn't even beat Donald Fucking Trump. Now that's a massive amount of suck.

      The left/MSM were all gobsmacked on election night standing around slack jawed. They couldn't believe their anointed one lost. Now a year later, they still can't accept reality. Pick up the pieces and find someone electable instead of complaining about how everyone but you is stupid or you'll be in the same boat in 2020.

    10. Re:tradeoffs by Anonymous Coward · · Score: 0

      And another thing.

      I guess I shouldn't feel too insulted from a leftie who things he so much smarter than everyone else. The whole point of Democratic "super delegates" is that the party machine thinks their own electorate is too damn dumb to vote the correct way.

    11. Re:tradeoffs by Anonymous Coward · · Score: 0

      Yes, you're retards. Glad we cleared that one up. Feel free to secede again. If 2017 isn't going your way what hope do you have for 2020?

    12. Re:tradeoffs by HornWumpus · · Score: 1

      You're saying people should be required to compose their posts with moveable type?

      At this point, the uninformed are willfully ignorant. The problem is they form up circle jerks and then discussion is over. Everybody not in the circle jerk is a Nazi.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    13. Re:tradeoffs by Anonymous Coward · · Score: 0

      "[Fallaciously] stated, No Anonymity; No USA."

      FTFY.

    14. Re:tradeoffs by bungo · · Score: 1

      authors and means of publication is one of the reasons that the Colonies were united in their rebellion against Britain and successful in their Revolution

      Too right.

      I mean, just look at the other colonies of the UK. They never made it to be free nations. Canada, India, New Zealand, Australia, ....

      If India had anonymous speech, then maybe Ghandi would have succeeded. Instead, they know who he was, arrested him, and he died in prison, never seeing a free India.

      --
      "The best part? I became an ordained minister while not wearing pants." -- CleverNickName
    15. Re:tradeoffs by david_thornley · · Score: 1

      It would appear that the Democrats/MSM/Left/[other people you dislike] are correct. The public is really stupid in some ways and susceptible to the power of advertisements. Otherwise, we wouldn't have all those advertisements. Exactly what we should do about it is an open issue.

      Also, voter suppression is more of a Republican thing. They don't want poor people and minorities to have the same ease of voting that Republicans want.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  12. Short view, Long view by poity · · Score: 5, Insightful

    Freedom leads to mistakes in the short term; critical thought and independence in the long term.

    Censorship leads to safety in the short term; naivete and dependence in the long term.

    --
    your thin skin doesn't make me a troll
    1. Re:Short view, Long view by PopeRatzo · · Score: 2

      Freedom leads to mistakes in the short term; critical thought and independence in the long term.

      Censorship leads to safety in the short term; naivete and dependence in the long term.

      Freedom of speech does not mean freedom from consequences. It never has.

      --
      You are welcome on my lawn.
    2. Re:Short view, Long view by Anonymous Coward · · Score: 0

      "naivete and dependence in the long term."

      http://www.dictionary.com/browse/irony

    3. Re:Short view, Long view by Anonymous Coward · · Score: 0

      nicely put, sir

    4. Re:Short view, Long view by fafalone · · Score: 2

      Well said. Sadly this seems to be entirely lost on people today, particularly the far left, as they clamor for speech restrictions. What's worse, they don't even seem to realize that if they got their wish today, it's not them who would be defining what hate speech was, it would be Trump and the Republicans, who would attack *their* speech. That alone should demonstrate to someone why allowing censorship under the guise of hate speech is a terrible idea.

    5. Re:Short view, Long view by goose-incarnated · · Score: 1

      Freedom leads to mistakes in the short term; critical thought and independence in the long term.

      Censorship leads to safety in the short term; naivete and dependence in the long term.

      Freedom of speech does not mean freedom from consequences. It never has.

      It means freedom from government consequences. It always has.

      If the state can persecute you for "false speech", then it's not free anymore.

      --
      I'm a minority race. Save your vitriol for white people.
    6. Re:Short view, Long view by mvdwege · · Score: 1

      It's not the average German who is naÃve about restriction on Nazi propaganda. But it does appear that the average alt-right fanboi who is all about freeze peach is

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    7. Re:Short view, Long view by Anonymous Coward · · Score: 0

      Pretty sad times if we see Americans on any side of a political debate asking for speech restrictions. Freedom of speech is one of the founding principles of this country. We must fight to keep it so (we should all support ACLU to defend the first amendment).

      I think what we really need is more education on history (remember primary sources?) and critical thinking. People need to realize that the (unsourced) crap on Facebook feeds isn't always true, and they need to realize that just as the First Amendment allows people to legally say what they want, doesn't mean you have to listen and accept it as true without thinking for yourself. Freedom of speech is a double-edged sword, but if wielded properly it is a pillar of a progressive society (of which there are all too few in the modern world).

    8. Re: Short view, Long view by Anonymous Coward · · Score: 0

      Which members of the "far left" are actually endorsing speech restrictions? Oh, right, nobody.

      Undoubtedly this is just your butthurt conservatism reacting to students on college campuses. First, I'd suggest you mind your own business- you don't live there, it's not your community. Second, it'd take the rest of forever to convince someone without a political axe to grind that it's somehow wrong for people to try to decide collectively what's ok in their community.

    9. Re:Short view, Long view by Anonymous Coward · · Score: 0

      Freedom leads to mistakes in the short term; critical thought and independence in the long term.

      Censorship leads to safety in the short term; naivete and dependence in the long term.

      Freedom of speech does not mean freedom from consequences. It never has.

      Interesting the way today's champions of the Democratic party are pro-lynch mob, echoing the pro-slavery racial elitism of their forefathers.

    10. Re:Short view, Long view by Baby+Duck · · Score: 1

      If the state can persecute you for "false speech", then it's not free anymore.

      The state can and does. See libel, slander, defamation, and fraud. You are free from government consequences if you state an opinion, even if later you re-evaluate it and think it's wrong yourself. At the time, you thought it was right. But if you knowingly utter falsehoods, especially with intent to harm, you can be persecuted.

      --

      "Love heals scars love left." -- Henry Rollins

    11. Re: Short view, Long view by Antique+Geekmeister · · Score: 1

      There's a quite vocal contingent of the LGBTQ community that are insistent on the use of their preferred gender pronouns, and seek government restriction through the use of Title 9 funding, and who even demand civil prosecution for failing to use their desired pronouns. I recently attended a mandatory presentation with a business partner about just such gender identification issues. If we did not attend the seminar and sign agreement with the policies, we would not be permitted to work with that company.

    12. Re:Short view, Long view by wolf12886 · · Score: 1

      So what you're saying is it's basically a win/win for government?

    13. Re:Short view, Long view by wolf12886 · · Score: 1

      Excellent point.

    14. Re:Short view, Long view by Opportunist · · Score: 3, Interesting

      Actually, I can observe the exact opposite.

      In the US (and other areas where information is free and available), I can see an incredible naivete, the willingness to believe any kind of bullshit offered, believed with zero evidence and even against unsurmountable evidence against it.

      Yet I do know countries with a tight restriction and control of information where people respond warily to anything you present to them and will critically test it for validity, desperate to actually find out what IS true.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Short view, Long view by Opportunist · · Score: 1

      All of these examples are attacks against the material or immaterial property of another person. The first three damage the goodwill and reputation of a person, the latter the financial or otherwise material situation.

      None of them are "only" speech.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:Short view, Long view by Anonymous Coward · · Score: 0

      Yea, go ask the most Free country in the world... China. You are absolutely "free" to say anything you want there.

    17. Re:Short view, Long view by Anonymous Coward · · Score: 0

      Please, idiots are everywhere, and they outnumber those with more well-developed critical thinking skills and bullshit filters.

    18. Re:Short view, Long view by vandamme · · Score: 1

      I hope you're not talking about the Flat Earth movement. It's my best source of entertainment.

    19. Re:Short view, Long view by david_thornley · · Score: 1

      If my health care providers leak information in ways I didn't authorize, I don't have to show harm for them to be in HIPAA trouble just for their speech. Is this a good thing or a bad thing? If someone says something false about me that can harm me in the future, should I be able to sue for slander now? These are acts that may well have no visible bad consequences at the time a lawsuit is appropriate.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    20. Re: Short view, Long view by david_thornley · · Score: 1

      Civil prosecution for failing to use their desired pronouns? I find that extremely unlikely, and even less likely that a judge would consider it. Please provide examples.

      You attended a mandatory presentation about gender identification issues. Who made it mandatory? No government has informed me of one I have to attend. I'd suspect that your employer or contract equivalent made it a condition of working there, and at that point it isn't a free speech issue. If the company thinks you're offending customers, they have every right to fire you (in some jurisdictions it might require record-keeping). If the company thinks you might offend customers, they might want to have workshops on how to avoid it.

      Me? I think it only polite to address people as they want to be addressed. I would vary from that only if I deliberately wanted to be impolite.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    21. Re:Short view, Long view by Opportunist · · Score: 1

      I love them too, they're a bit like the religious, every time they start preaching all it takes is to debunk them (which is usually trivial if you have at least a reasonable high school education) to make them play caber toss with the goalpost.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Short view, Long view by Opportunist · · Score: 1

      This is not speech but breaking confidentiality, which is not protected free speech but dissemination and/or disclosing of private or at least nonpublic information. This is not voicing an opinion or an idea, it's not the presentation of a point of view and also not an invitation to discussing diverging interests.

      Is it really that hard to tell the difference?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    23. Re:Short view, Long view by david_thornley · · Score: 1

      It's stating facts, which is normally considered part of free speech. This isn't a confidentiality that was privately agreed to. The reason people are prosecuted for revealing classified information is that they agreed not to. It's perfectly legal for me to publish classified information I'm given, as part of free speech. I've signed NDAs with companies I've worked for, and saying certain things about them would be a breach of contract. HIPAA, on the other hand, is a blanket legal ban of certain speech. If you're in a certain occupation, it is illegal for you to say certain true things.

      Confidentiality agreements can be used to work against free speech. Automatic legal confidential requirements can do the same.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  13. There is a difference between speech and a contrac by guruevi · · Score: 1

    Speech as in âoetry this miracle cure, put hot sauce in your eyes to make you see betterâ is free speech.

    A sale as in âoetry this miracle cure, itâ(TM)s $25 hot sauce you can put in your eyesâ is a sales contract. You promise a cure and you either deliver or you donâ(TM)t. If you donâ(TM)t, itâ(TM)s called swindling, false advertising and a number of other things.

    You can say you have a miracle cure but when you exchange goods youâ(TM)re entering a legal contract.

    And thus, if you pay for this shit, pay it using a refundable method, whether itâ(TM)s a signed contract or credit card. The people too stupid to pay for it are also too stupid to know they can just call their CC company to cancel the sale, thus itâ(TM)s just a stupid-tax.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  14. Free Speech According to Which Standard? by brian.stinar · · Score: 1

    While in Russia, there was a different metric for free speech than I've seen in the United States. My Thai friends also see differences in Thailand. I see additional differences against conservative viewpoints in Western Europe, and Canada.

    Which country are you using as the metric for "Free Speech?" You mention the FDA, so I assume you mean an American viewpoint, but that should likely be explicitly stated, rather than implied.

    1. Re:Free Speech According to Which Standard? by rossz · · Score: 1

      The Soviet Union's constitution guaranteed free speech, be did not allow propaganda. Since the soviet government was the sole arbitrator of what constituted propaganda, the guarantee of free speech was meaningless.

      --
      -- Will program for bandwidth
    2. Re:Free Speech According to Which Standard? by Anonymous Coward · · Score: 0

      Which country are you using as the metric for "Free Speech?" You mention the FDA, so I assume you mean an American viewpoint, but that should likely be explicitly stated, rather than implied.

      Why should it be explicitly stated on an American site?

    3. Re:Free Speech According to Which Standard? by Anonymous Coward · · Score: 0

      So it stands for Fat Dumb Asshole?

    4. Re:Free Speech According to Which Standard? by brian.stinar · · Score: 1

      DNS for slashdot points to California, but looks to be registered in Arizona. Their IP address resolved with geolocation in Missouri. Do you know which state their bank account is setup in? How about their legal entity?

      These types of things impact a business, because the laws of where they have a physical presence can then be enforced on them. Two examples of this are many states attitudes towards marijuana, and the tendency of large corporations to register in Delaware.

      For "freedom of speech" I haven't seen too many differences across the United States, but who is going to enforce this? Who's going to be the internet police? Probably whichever branch of the Federal government is responsible for regulating trade where site owners pull their money out.

      Americans can live in different places and still read slashdot, and other people can read slashdot too. According to this (highly valid, scientific, single) report, 45% of slashdot's traffic comes from outside the United States. So, I think specifying which freedom of speech you mean is a reasonable thing, when 45% of the traffic might have a different viewpoints on this.

  15. Money by TubeSteak · · Score: 5, Informative

    Once money is involved, it's no longer free speech, it becomes "commercial speech."

    Commercial speech operates under a different set of rules, with significantly more restrictions.
    "False or misleading" commercial speech is explicitly against the law.

    There is some wiggle room for "puffery" (world's best hamburger.)
    There is also some wiggle room as long as warnings or disclaimers are included.

    Some warnings and disclaimers are what we'd call "compelled speech," because the government requires businesses to say them.
    Compelled speech is pretty much the opposite of free speech.

    --
    [Fuck Beta]
    o0t!
    1. Re:Money by Anonymous Coward · · Score: 1

      We just had a candidate for President Of the United States lie. Not lie, sometimes. But lie about everything, sometimes even contradicting himself mid sentence.

    2. Re: Money by Anonymous Coward · · Score: 0

      Show me one honest politician. Just one.

    3. Re:Money by Anonymous Coward · · Score: 0

      Q: How do you know when a politician is lying?
      A: When his/her lips are moving.

    4. Re:Money by houghi · · Score: 1

      So saying if you are for or against tax is not free speech? Many political things will be about money. Be it for or against it. So suddenly that is not free speech anymore?

      The fact that certain things are not allowed does not mean that they are not free speech anymore, just that they are a restriction on free speech, like yelling FIRE in a cinema.

      Free speech does not even have to be true. e.g. if people deny the holocaust, it is still free speech, even if it is not true.
      The fact that commercial speech is under a different law is because it is a restriction on free speech. Otherwise we would not have to have it under any law. They could just say what they want and when they want.

      Is this good? Well; the majority of people think it is.

      --
      Don't fight for your country, if your country does not fight for you.
    5. Re:Money by Opportunist · · Score: 1

      Wait, I thought that's a requirement to be eligible?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re: Money by omnichad · · Score: 1

      They used to be better at hiding it, and still on the whole actually tried at something.

    7. Re:Money by thegarbz · · Score: 1

      False or Misleading Commercial speech may be against the law, but "false statements of fact" themselves, even non commercial are not protected by free speech either.

      The supreme court ruled back in the 70s that false statements are not protected by the constitution.

    8. Re:Money by Anonymous Coward · · Score: 0

      And what about political campaigns? In my opinion, things like the Swiftboat ads should have been illegal. And not just "now now, you shouldn't do that" slap on the wrist a year too late, but "someone goes to prison or loses everything they own" illegal.

    9. Re: Money by david_thornley · · Score: 1

      One thing that offends me about politicians is when they lie clumsily. Assuming I'll believe any old lie is an insult to my intelligence. I want my politicians to lie a lot better when they do.

      Hey, it's more realistic than expecting them to always speak the truth.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  16. Ya know... by Anonymous Coward · · Score: 0

    Just because some dick decided to be exactly what they were doesn't necessitate the conclusion that we should stop people from speaking. That's like trying to argue that because some people use guns to commit crimes, that guns should be banned. Or that because some people use dinner forks to stab out eyes, that dinner forks should be banned. OR that cups can contain harmful liquid, so cups should be banned! This article has slippery slope all over it. shame.

    1. Re:Ya know... by Rockoon · · Score: 1

      That's like trying to argue that because some people use guns to commit crimes, that guns should be banned.

      Hotel rooms are used to commit mass murder. We should ban hotel rooms.

      --
      "His name was James Damore."
  17. If the police can legally lie... by EzInKy · · Score: 1

    ...why can't everyone else? The police, after all, enforce the rules of society so if lying is okay for them should be okay for everyone else.

    --
    Time is what keeps everything from happening all at once.
    1. Re:If the police can legally lie... by gravewax · · Score: 1

      They can lie within certain well defined boundaries, they can also carry handguns in public and point loaded guns at people or chain them with handcuffs and lock them in a cage as well as 100's of other things you can't and shouldn't be allowed to do.

    2. Re:If the police can legally lie... by EzInKy · · Score: 1

      Where in the Consitution do the derive such powers? My understanding is that our whole nation was founded because our forefathers were subjugated to just such persecution.

      --
      Time is what keeps everything from happening all at once.
  18. It depends by Xenographic · · Score: 1

    There are kinds of deception that are illegal, fraud & perjury both come to mind quickly. Making false medical claims can also run afoul of the FDA rules.

    This is the kind of thing that depends on the circumstances of whatever is going on, not on merely whether or not someone said something that isn't true on the internet. Commercial speech, in particular, has more restrictions than other kinds, so there isn't just one answer that can sum up every case, you'd have to go through the law to see what does or does not apply to a particular case.

    You're not likely to get any kind of useful answer out of Slashdot for a question like that.

  19. Re: DOES ASSFUX SUPPORT BUMP STOCKS?... apk by Anonymous Coward · · Score: 0

    Dear APK, please take a bump stock, turn the son of a bitch sideways, and shove it straight up your ass.

  20. Re: DOES ASSFUX SUPPORT BUMP STOCKS?... apk by Anonymous Coward · · Score: 0

    Yay for slavery! Disarm the plebs!

  21. Ad's are not free speech protected by gravewax · · Score: 4, Interesting

    Ad's do not fall under free speech protection (at least in most countries). Most countries have legal frameworks for what is and is not acceptable advertising. For instance here in Australia most of those Ads are actually completely illegal as they fall under false advertising... good luck pursuing them on that though given most are not based in country.

    1. Re:Ad's are not free speech protected by Anonymous Coward · · Score: 0

      And this is why you need a world government. When companies are bigger than the country, someone bigger than them needs to smack them down. AC

    2. Re:Ad's are not free speech protected by Anonymous Coward · · Score: 0

      Although you're correct that ads do not fall under free speech in Australia, we don't have the right to free speech, anyway. Constitutionally we have two rights only: the right to a trial by peers and the right to vote for our representation. That's it. Free speech is an American right, not an Australian right. Law only protects political freedom of expression (i.e. only protects politicians), although there is a legal precedent that allows freedom of expression, with some limitations. It is, none the less, not protected by constitution or law and thus largely comes down to what someone says, who they annoyed and which side has the deeper pockets for a legal battle.

    3. Re:Ad's are not free speech protected by blindseer · · Score: 2

      Are you serious or sarcastic? It's hard to tell.

      I don't understand how people can argue that big companies are bad for us and big government is good. Both are bad. The difference with a company is that no one is forced to buy their product or service, with a government there is no choice. If I had to choose between the two then I'll take the big companies, they don't have people with guns to take my money if I don't like their services.

      I hear this with oil companies, that there is no choice. Sure there is. It's that the choice to do without their products is not nearly as pleasant as using their products. The oil companies aren't "stealing" your money when you fill up your car any more than you are "stealing" their fuel. Nobody trades down, you gain with having the fuel instead of the money, and they gain by having your money instead of the fuel.

      This goes for people with a lot of money too. If you can prove that they stole the money they have then they deserve to be put in prison. Just because they have more money than you doesn't mean they are obligated to share it with you. Using the force of the government to take their money by force through taxation is just theft by proxy.

      Stopping this bad advertising with government is playing with fire. It's not always easy to prove fraud. People get things wrong all the time, that's different than lying. If someone claims a product does something out of ignorance then that's not fraud. That's buying from an idiot. It also brings up the question on who is the bigger idiot, the buyer or seller. If someone knows the product they are selling cannot perform as advertised then that is fraud. Creating a government large enough to handle every single way that fraud could happen is creating a government that can get out of control.

      I'm reminded of the warning labels that California likes to put on everything. These are usually worded something like, "This product contains a material known by the State of California to cause cancer." This reached absurdity when they tried to make a bottled water plant put arsenic warnings on the bottles. Sure, the water contained detectable amounts of arsenic but then so does the tap water provided by government owned water treatment plants. Putting these warnings on everything makes them meaningless and gives the government a reason to poke their nose in your business.

      --
      I am armed because I am free. I am free because I am armed.
    4. Re:Ad's are not free speech protected by gravewax · · Score: 1

      Actually Australia does have free speech laws around information, opinion and expression, we just don't have it enshrined in our constitution. Also the US freedom of speech is no different, it is not an absolute right, only a protection from government persecution and also with many exceptions and the only real difference is they have it is in their constitution, many people misunderstand what the US freedom of speech is, it is most definitely not a protection from lawsuits, defamation, lying etc etc so it has just the same problems of whoever has the deeper pockets in a legal battle.

    5. Re:Ad's are not free speech protected by Anonymous Coward · · Score: 0

      I hear this with oil companies, that there is no choice. Sure there is. It's that the choice to do without their products is not nearly as pleasant as using their products. The oil companies aren't "stealing" your money when you fill up your car any more than you are "stealing" their fuel. Nobody trades down, you gain with having the fuel instead of the money, and they gain by having your money instead of the fuel.

      That's wonderful for you, but some of us live in the United States where the oil companies have actively lobbied for decades against effective alternatives to privately owned automobiles. Pretending using a car vs. not is an individual choice is absurd.

    6. Re:Ad's are not free speech protected by wolf12886 · · Score: 1

      Yes, but that's Australia, where things like Grand Theft Auto, and showing an outie vagina are also illegal.

      I guess my point is that free speech and certain other rights are held in much higher regard in the US than they are in many other first world countries. I personally think that's a good thing.

    7. Re:Ad's are not free speech protected by wolf12886 · · Score: 1

      Generally I agree with you, but let me give you a counter point to this:

      I hear this with oil companies, that there is no choice. Sure there is. It's that the choice to do without their products is not nearly as pleasant as using their products.

      In a free market this is true, but lets talk real world. The oil company has money, and they can use that money to influence legislation. Lets say, like the cable companies, they lobbied congress and got a bunch "certifications" written into law that put all the smaller oil competitors out of business, so now they've got a monopoly on oil and gasoline in your town. And they decide they're going to charge 10 bucks a gallon. And lets say you have a family and whatnot, so "going off the grid" isn't a option for you. Is this really any different than the government forcing you to use that oil company? ..I get that in a roundabout way, the government is the one forcing you to use that oil, due to corruption. But what if we assume that any goverment can be corrupted by enough money and effort. Does the blame not start shifting towards the fact that we allow giant organizations to exist that explicitly do not have morals of any kind?

    8. Re:Ad's are not free speech protected by thegarbz · · Score: 1

      For instance here in Australia most of those Ads are actually completely illegal as they fall under false advertising...

      Australia doesn't have anything resembling free speech either. We only have certain classes of protected speech, quite the opposite from the USA case.

      Mind you false facts aren't protected by the USA constitution anyway.

    9. Re:Ad's are not free speech protected by HornWumpus · · Score: 1

      From what I understand, just putting a 'Hoonigan' sticker on your car is illegal in Australia.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    10. Re:Ad's are not free speech protected by Anonymous Coward · · Score: 0

      Yes we do, we have freedom of expression laws that protect us from government interference in much the same vein as the US's freedom of speech laws. If anything we actually have stronger freedom of speech laws here as the US version is extremely limited in its scope.

    11. Re:Ad's are not free speech protected by Anonymous Coward · · Score: 0

      neither GTA nor outie vagina's are illegal, we simply require appropriate ratings as opposed to the US where speech is strictly moderated by lawsuit frenzies. For all the talk of free speech the US probably has the LEAST free speech rights in the western world, you have some very basic protections from government but that is it and even that comes with a shit load of exceptions.

    12. Re:Ad's are not free speech protected by david_thornley · · Score: 1

      The difference with a company is that no one is forced to buy their product or service, with a government there is no choice.

      The other difference is that you have some influence over government, but not private companies, and governments have to work under stricter rules than corporations.

      For the average person to have freedom, there needs to be government and private business, neither dominating the other.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  22. Re:Slashdot readers should sure hope so by TWX · · Score: 5, Insightful

    And there's a moderation system here, theoretically designed to judge the quality of speech without actually restricting it. Granted, as any forum can become something of an echo-chamber then perhaps it is not perfect, but usually poor-quality comments get moderated down and high-quality comments moderated up.

    As to the FUD about Microsoft in particular, Microsoft's history since its inception has been fraught with nefariousness. MS-DOS was essentially a clone of CP/M, at least as far as the particulars of the user interface are concerned. At one point Microsoft used an OEM licensing model that essentially froze-out competing OSes because the OEM had to pay for Microsoft for all personal computers sold whether or not Microsoft's OSes were wanted by the end-customer. Microsoft over the years has attempted to freeze-out competition through writing their own function-alike software and then once it becomes popular, writing proprietary components into it and pushing for those proprietary components to be widely implemented such that competitors' software is unable to work.

    If Microsoft software was high quality, bug-free, security-hole-free, then perhaps there wouldn't be so much anger at Microsoft's business practices, but Microsoft's software has historically been both bug-riddled and terribly insecure and open for exploitation. Entire industries have been built to attempt to make up for mediocre software. It's no surprise when a new target-for-compatiblity becomes concerned, as history has demonstrated that by introducing compatibility, Microsoft will break that compatibility when it feels the time is right to get customers to migrate to Microsoft off of whatever previous software they used, and the cycle repeats.

    --
    Do not look into laser with remaining eye.
  23. Just like yelling "Fire" in a crowded theater by wisebabo · · Score: 2

    isn't free speech, neither is deliberately misleading speech.

    Let's face it, half of all people are of below average intelligence and those people are more likely to be fooled. It's BAD ENOUGH when there are "News" institutions whose adherence to proper journalistic standards (like vetting commentators and sources and getting independent confirmation) is weak.

    It's DOWN RIGHT CRIMINAL when people (or governments! Russia I'm talking to you) deliberately mislead people for their own purposes. Those easily fooled people can be swayed into doing all sorts of things that are not in the public (or their own) self interest.

    Short of genetic engineering (don't worry, that's my field, I'm working on it!), we're not going to be raising the average IQ of people very quickly. (And as far as getting more than half of all people to be better than average, you'd better talk to your local mathematician). However, what we COULD do is provide a better, BASIC education for all citizens which would be the first line of defense against unfounded, unverified claims. An ability to use critical thinking (perhaps with a dose of basic economics and science for living in this commercial technological age) should be a prerequisite for living in this modern world, too bad it would be politically impossible to make it a requirement for voting.

    I have heard that the real downfall of American democracy began (sorry to say) with Reagan. Even though it can be claimed that some of his ideas were good and he was inspiring to millions, his de-regulation of the economy unfortunately (from what I have heard, I was too young to understand) extended to education.

    His, "let competition reign" philosophy broke the covenant of the American educational system so that (again, from what I understand), schools became increasingly dependent on their local circumstances. Hence, schools in rich districts could hire good teachers and had good facilities whereas schools in poor and rural districts fell farther and farther behind (not that they were equal in the first place). In this way, the (I think) nationwide premise that all Americans be given a good basic education was shattered; this has resulted in the paradox of Americans leading the world in science and technology and Nobel prizes (with a healthy influx of immigrants of course) yet with abysmal high school graduation rates and scores when compared to other wealthy nations.

    Unfortunately, I don't see an easy way out; as this last year has proven the "moron" (not my words, the Secretary of State said it!) having been elected by the under educated bottom half, is running the show. He (and they) will continue to put into place policies that will further widen the divide between the educated and the poorly educated; between the professional class and between people who don't understand the scientific principle. I'm not quite sure where this will end up; the educated "elite" (when did being "the best" become a dirty word?) still retains power and money but it is unclear if the under educated will ever be able to see past the lies the leaders they elected tell them. Even then, it'll likely take a generation to rebuild the damage the Reagan revolution has done and truly rebuild an America that is restored equal opportunity THROUGH EDUCATION to all.

    Then again, as a Republican Senator just said, our duly elected leader might trigger "World War III". Well in that case, we won't even have to wait for climate change to do us in, I guess our civilization and maybe even species just wasn't meant to last.

    1. Re:Just like yelling "Fire" in a crowded theater by Anonymous Coward · · Score: 0

      It's DOWN RIGHT CRIMINAL when people (or governments! Russia I'm talking to you) deliberately mislead people for their own purposes. Those easily fooled people can be swayed into doing all sorts of things that are not in the public (or their own) self interest.

      Jesus. Give it up. Hillary lost. She sucked as a candidate. She worked hard to alienate much of the country with insults and condescension. She failed to play the Electoral College game and sat on her ass in the knowledge that it was her turn. It wasn't Russians, Facebook, fake news, or voter intimidation. When you have two candidates that suck to high heaven, don't be shocked if the one you happen to think sucked the most wins. Despite the rants of the media and the progressive/regressive authoritarians, there was no stolen election because there was no good choice.

    2. Re:Just like yelling "Fire" in a crowded theater by Anonymous Coward · · Score: 0

      And to make matters worse, and liable to continue for a long time, the under educated breed faster than the over educated. A sad but true fact.

    3. Re: Just like yelling "Fire" in a crowded theater by Anonymous Coward · · Score: 0

      The Marxist calling people stupid. LOL

    4. Re:Just like yelling "Fire" in a crowded theater by Anonymous Coward · · Score: 0

      The Regan legacy.He cut funding to social programs that protected those who were least able to help themselves.

    5. Re:Just like yelling "Fire" in a crowded theater by fafalone · · Score: 1

      Nobody who starts with the fire in a crowded theater trope has anything intelligent to say about free speech. It's dicta from a case with a terrible ruling (it comes from a case where it was ruled illegal to distribute fliers criticizing a war) and subsequent rulings have overturned that case and made the idea behind it exceedingly narrow in scope and likely unenforceable today.

    6. Re:Just like yelling "Fire" in a crowded theater by Rockoon · · Score: 1

      Nobody who starts with the fire in a crowded theater trope has anything intelligent to say about free speech. It's dicta from a case with a terrible ruling

      Its worse... it is also a misinterpretation of the ruling. The ruling wasnt about speech, but it was about incitement.

      --
      "His name was James Damore."
    7. Re:Just like yelling "Fire" in a crowded theater by Anonymous Coward · · Score: 0

      Count me in. That tired old "yelling fire in a theater" example has nothing to do with freedom of speech, and everything to do with deliberately putting others in danger. The form of communication is irrelevant. I would have thought this was blatantly obvious.

    8. Re:Just like yelling "Fire" in a crowded theater by Anonymous Coward · · Score: 0

      isn't free speech, neither is deliberately misleading speech.

      Let's face it, half of all people are of below average intelligence and those people are more likely to be fooled. It's BAD ENOUGH when there are "News" institutions whose adherence to proper journalistic standards (like vetting commentators and sources and getting independent confirmation) is weak.

      Weak? The media deliberately mislead people to attract viewers and maximize profits. That's a key part of the business model. The news/journalism pretense is just one layer of the deception.

      It's DOWN RIGHT CRIMINAL when people (or governments! Russia I'm talking to you) deliberately mislead people for their own purposes.

      I consider the Russian government to be one of the most evil institutions on the planet, rivaling the US government in fact, but "deliberately misleading people for their own purposes" is a relatively benign wrongdoing and nothing that I could consider a "crime" in any sense of the word. You actually do the Russian government a service by suggesting to others that such a misdeed is noteworthy.

  24. Commercial Speech? Free Speech? by I75BJC · · Score: 1

    Are our USA school systems so crappy that students and graduates don't understand what Free Speech means? The OP doesn't seem to know the distinction between Commercial Speech and Political Speech. Commercial Speech is highly regulated while Political Speech is highly unregulated. All the Governments in the USA strictly regulate Commercial Speech and no one thinks much of that practice. Even the Supreme Court agrees. Surprisingly, the OP is ignorant of this fact. (Which I initially learned about in the Government Schools.)

  25. dystopia by Reverend+Green · · Score: 1

    This question makes me sick

    Americans sure have given up on freedom.

  26. Hashtag Fraud, Libel Laws and Due Process Matter by Anonymous Coward · · Score: 0

    when did slashdot become interested in third grader civics discussions?

  27. Is deliberately misleading people... by Zurkeyon3733 · · Score: 1

    on free speech just "the internet" these days?

  28. Pffft by Anonymous Coward · · Score: 0

    Fuck off communist. You want to decide what is "true" and set up the ministry of truth so we're forced to listen to your BS. Here's the *truth*: other than _data_ *everything* is narrative.

    1. Re:Pffft by Anonymous Coward · · Score: 0

      Fuck off communist. You want to decide what is "true" and set up the ministry of truth so we're forced to listen to your BS. Here's the *truth*: other than _data_ *everything* is narrative.

      No you've done it. You triggered this poor snowflake with your hate speech. Someone needs to break out the hot chocolate, coloring books and bubbles. I smell a cry-in.

  29. People have lied by fredrated · · Score: 1

    since language was invented. Perhaps before.

    1. Re: People have lied by Jesus+H+Rolle · · Score: 1

      Lying definitely is not limited to humans. Squirrels lie about the size of their nuts.

    2. Re:People have lied by Anonymous Coward · · Score: 0

      since language was invented. Perhaps before.

      Actually, the invention of lying was 2009.
      http://www.imdb.com/title/tt1058017/

    3. Re: People have lied by Anonymous Coward · · Score: 0

      Lying definitely is not limited to humans. Squirrels lie about the size of their nuts.

      True, but it's only the male squirrels doing the lying and they are only lying to the female squirrels...

  30. Before deciding, take the Internet out of it. by Hackysack · · Score: 1

    Before asking a question about free-speech on the internet, always take the internet out of the question.

    Is yelling fire in a crowded space protected by free speech? No. Clearly, and we know why.

    Is standing on a street corner telling people that the sky is falling protected speech? Yes, I think so. Please tell me if you disagree.

    The thing is we know a lot about the person standing on the street corner spewing lies, but ironically - on the internet we often don't know much about the person feeding us fake news, or spreading false ideas, or otherwise lying. In reality we can see that they're probably half baked, or dressed up in religious garb, or otherwise giving off signs that we probably shouldn't trust them. Here on the internet, we have no idea.

    The solution is better moderation tools. In a perfect world, when someone walks up to me and starts espousing a flat earth or harmful vaccines, I can or most people can filter out the random information from the good. I can even punch someone if they're trying to be a complete dick.

    On the internet, various platforms have still refused to implement the 'punch poster in the nose' button, so it's really important we come up with alternate ways of negatively feeding back on poor behaviour.

  31. When did we discard "let the buyer beware"? by anvilmark · · Score: 1

    We have ample evidence that regulatory agencies can be manipulated by political pressure / lobbying. Let's say the FDA becomes the final arbiter of what is "real treatment". If someone were to discover a simple and inexpensive cure for depression - to what lengths would the Pharmaceutical industry go to get it labeled "fake" and preserve their $14.5 billion industry?
    Do we really want to be prevented from ever making a mistake in judgement? In this post-modern society who are you willing to trust to define what is Real and what is Fake?
    "Truth" is bought and sold in the halls of power - who watches the watchmen?

    1. Re:When did we discard "let the buyer beware"? by Anonymous Coward · · Score: 0

      The FDA IS the final arbiter of what is a "real treatment." You're not allowed to market a medical product (from dental floss to depression meds) in the USA without getting FDA approval.

      I mean, the real answer to your question is science. I want to trust science to define what is real and fake. Scientists are bad at politics, but great at bureaucracy. A good scientific bureaucracy is the boogie man for many of the most popular conspiracy theories out there: global warming, the cost of pharmaceuticals, the moon landings...

      Just to be totally clear: I'm calling you a conspiracy theorist.

    2. Re:When did we discard "let the buyer beware"? by HornWumpus · · Score: 1

      Vitamin B-17. aka laetrile. End of discussion. You're wrong.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:When did we discard "let the buyer beware"? by Cacadril · · Score: 1

      In civilized nations, "let the buyer beware" was discarded when we discovered that it led to higher market efficiency to have consumer protections in place, allowing most consumer to trust the information in the labels and ads.

      --
      There is no substitute for common sense. Especially, no body of rules will do.
    4. Re:When did we discard "let the buyer beware"? by david_thornley · · Score: 1

      If someone were to discover a simple and inexpensive cure for depression, some drug company is going to want to have it and sell it, doubtless for an inflated price. Alternatively, it could be marketed as a dietary supplement or something, provided no medical claims were made.

      The FDA has rules about what claims can be made. They need to be based on a certain level of evidence. If you claim to have a simple and inexpensive depression cure, you really need to conduct certain experiments to make sure. What happens if your cure typically causes schizophrenia to develop? If it affects people's mental state, it may not do so only for good.

      I had a friend working at the FDA for a while, in animal nutrition. She said she'd accept anything that had three scientifically sound studies verifying it with statistically 95% confidence each.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  32. Free Speech, as it's known, is the right to freely by xZoomerZx · · Score: 1

    Otherwise, it's morally deceptive at best and legally fraudulent at worst. That's the pithy answer.

    --
    Power tends to corrupt, and absolute power corrupts absolutely.
  33. Lying is not protected speech by Tony+Isaac · · Score: 1

    Making false statements is against the law in the United States, it is not protected speech. Freedom of speech (originally freedom of the press) is meant to protect the freedom to express opinions, especially unpopular ones, or opinions contrary to government doctrine. The Constitution has never attempted to protect lying.

    1. Re:Lying is not protected speech by Anonymous Coward · · Score: 0

      all bananas are purple. There I did it. I'll bet you a billion dollars you can't get me fined or jailed for anything other than gambling. You are actually correct in what you said. See, I did it again.

    2. Re:Lying is not protected speech by Anonymous Coward · · Score: 0

      This statement is false.

      Did I just break the law? :)

  34. Commercial speech is less than fully protected by Nonesuch · · Score: 4, Informative

    The US Supreme Court has long held that Commercial Speech (speech that proposes an economic transaction) has reduced 1st amendment protection, particularly when said speech is false, misleading or coercive.

    Free speech isn't absolute, the concept is more about freedom from prior restraint than freedom from all possible consequences.

    1. Re:Commercial speech is less than fully protected by PopeRatzo · · Score: 1

      Free speech isn't absolute, the concept is more about freedom from prior restraint than freedom from all possible consequences.

      ^^^WHAT HE SAID^^^

      --
      You are welcome on my lawn.
  35. Voice of America is 75 years old by Uberbah · · Score: 1

    The United States has maintained a propaganda "news service" since 1942, broadcast in dozens of languages around the world. Before American Exceptionalists want to whine about what they pretend other countries are doing - there's as much evidence to support that Russia did buttkiss last year as there is that Bill Clinton sent a hitman after Vince Foster - maybe you should cease the hypocrisy first?

    1. Re:Voice of America is 75 years old by Anonymous Coward · · Score: 0

      You know the concept of "whataboutism"? Actually, scratch that. You used at least three different logical fallacies to make a statement that is actually not directly connected to the written text. I'd call it intellectual masturbation, but if that's how you finish that would make it seem a lot more gratifying than it actually is.

    2. Re:Voice of America is 75 years old by omnichad · · Score: 1

      Do you maybe mean bupkis? Unless you're talking about another sex fantasy fulfilled for Trump over there...

    3. Re:Voice of America is 75 years old by Uberbah · · Score: 1

      No and no. Any more thoughtful questions?

    4. Re:Voice of America is 75 years old by Uberbah · · Score: 1

      You know the concept of "whataboutism"?

      I'm quite familiar with American Exceptionalists and how full of shit they are. If it wasn't whattaboutism, you would be jerking off with the canards of "moral relativism" or "two wrongs make a right.

      The point, dumbfuck, is that if you whine about what you pretend others are doing, maybe you should doing that very thing yourself on a daily basis, mmmkay?

  36. No more Weekly World News? by Beeftopia · · Score: 1

    As other posters have noted, take "The Internet" out of it. People are still in thrall of the digital sophistication of the Internet, though those of us in the technology business know how easy it is for anyone to put up a website and post what they want. It gives everyone a printing press, and most of those digital tabloids are worse than the Weekly World News, i.e. they are not merely idiotic, but also uninteresting.

    People who believe Alex Jones are also the sort who would believe the Weekly World News. As the Internet becomes less dazzling and more mundane to the populace, they will more and more figure out what is true and what is not.

    Do Alex Jones and Weekly World News knowingly disseminate false information? Of course. But if someone lets on they believe something because they saw it in a Facebook comment or in the Weekly World News, it's a cue to indicate their level of sophistication.
     

  37. you're over thinking it. by morethanapapercert · · Score: 1

    It is very simple and well established. You are allowed to lie for your own reasons however and whenever you wish. (and accept the social consequences of such behaviour) Except in a few well defined circumstances. The most common one being any time money is changing hands. If you come up with some hokum product that you claim increases penis size (a perennial favourite of the scammers), you can tell people you have done so. But if you tell me it works in order to sell it to me, that's fraud. If you are a doctor, free speech doesn't give you the right to gossip about my medical information. Another is libel and slander. If you knowingly spread false information about someone else and a reasonable third party might expect that person to be harmed by such lies, you are guilty of libel or slander. (depending on how you spread the info)

    --
    I need a wheelchair van for my son. Help me get the word out. https://www.gofundme.com/wheelchair-van-for-jj
    1. Re:you're over thinking it. by Anonymous Coward · · Score: 0

      Another is libel and slander. If you knowingly spread false information about someone else and a reasonable third party might expect that person to be harmed by such lies, you are guilty of libel or slander. (depending on how you spread the info)

      Unless the lies are about your political opponents...

      (at least in the USA)

  38. A philosophical discussion by leretard · · Score: 0

    Left up to the opinions off the top of the heads of a bunch of fools thinking they are educated when their 'university' training is equivalent to a trade school

  39. Free Speech != Truthiness by UnknownSoldier · · Score: 1

    The WHOLE point of free speech is that you can say whatever the fuck you want -- and people can't censor you for that.

    Whether it is _actually_ true or not, is beside the point.

    Now this may be slander, but that is a different issue.

  40. Re:Commercial Speech? Free Speech? by TapeCutter · · Score: 1

    Agree, lying to authorities and/or lying to consumers is a crime in the developed world, it has nothing to do with "free speech".

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  41. What will snake oil salesmen do now? by Vinegar+Joe · · Score: 1

    "If you like your health-care plan, you’ll be able to keep your health-care plan, period." President Obama, speech to the American Medical Association, June 15, 2009

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re: What will snake oil salesmen do now? by Anonymous Coward · · Score: 0

      "I have a giant penis." - Donald J Trump

    2. Re:What will snake oil salesmen do now? by omnichad · · Score: 1

      That quote is true - they did nothing to legally force insurance companies to change their offerings (minor details excluded). That they chose to do so is maybe a financial consequence, but not a legal mandate of the health care bill.

    3. Re:What will snake oil salesmen do now? by HornWumpus · · Score: 1

      Now you're just lying. Obamacare outright banned catastrophic health insurance. Where you wisely pay your own routine costs.

      If Obamacare covered car insurance, your oil changes would cost $200, but be paid for by your insurer, who will double the cost and then bill you. You couldn't afford to have your brakes looked at officially, back alley brake jobs would become common, just to keep your rates down.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:What will snake oil salesmen do now? by Green+Mountain+Bot · · Score: 1

      That wasn't a lie so much as a promise that wasn't within Obama's means to fulfill. Obama shouldn't have made that promise any more than I should promise that your corner store will always carry your favorite snack, but the ACA didn't require those changes. Really the only way that such a promise can be kept is if we go with a single payer system where all doctors become "in-network".

    5. Re:What will snake oil salesmen do now? by omnichad · · Score: 1

      catastrophic health insurance

      While that's a form of insurance, I really don't think it qualifies as a form of "health insurance" other than in name. Just because you're healthy now, you can get an expensive chronic lifelong condition at any time - and "catastrophic" really just means one instance, not ongoing care. At that point, you'll want to buy real health insurance to manage costs. And you can, because you are not prevented from buying insurance with a pre-existing condition and you still aren't prevented from racking up huge ER bills and not paying them either. And those are somewhat fair arguments for having you paying into the shared subsidy pot all along. You can become a burden on the system at any moment.

    6. Re:What will snake oil salesmen do now? by HornWumpus · · Score: 1

      Bullshit.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  42. Defamation/lies are not protected by 'free speach' by gurps_npc · · Score: 1

    That is what the term slander (spoken) and libel (anything besides spoken) mean.

    Also, free speech only means the government can't interfere with you saying something as long as it is not defamatory or recklessly endangering people's lives (shouting fire in a crowded room)

    It does not mean:
    1) Companies refusing to help you publish something.
    2) People refusing to listen/obey you.
    3) Refusing to pay taxes or otherwise refuse to abide by general government rules that are not targeted at your free speech. But the government can not treat you different from other people that do the same thing for other reasons.

    --
    excitingthingstodo.blogspot.com
  43. FTC has jurisdiction by mveloso · · Score: 1

    The FTC has jurisdiction over this stuff. In general the FTC hasn't been as aggressive in pursuing this sort of thing. Maybe the false advertising part of the FTC could be broken out and made into its own agency?

    It could be the equivalent of Britain's ASA, but run by the government and with actual power to levy fines etc.

  44. Hosts should be held liable by Anonymous Coward · · Score: 0

    Make the ad hosting firms like double-click subject to suit for failure of the products they advertise. That will scrape out the worst and kill off the rest soon enough.

  45. You're assuming free speech is good... by hey! · · Score: 4, Interesting

    ... then in effect are asking for a definition of "free speech" after the fact. Logically, this doesn't make much sense. However, if you *do* start from the axiom "free speech is good" you need to either find or construct a definition that is consistent with that axiom. In the meantime assuming that axiom does allow you to examine whether individual cases can be covered as "free speech".

    If you start with the axiom that free speech is *always* good, then unless you think selling fraudulent medicine is good then your definition of "free speech" needs to exclude that.

    If you start with the axiom that free speech is only *sometimes* good, then your definition can encompass selling fraudulent medicine; however that also raises the possibility that you should *sometimes* oppose free speech.

    There are some people who clearly believe that free speech entails complete freedom from legal consequences -- including for libel, or deliberate misinformation that predictably harms or even kills someone. However I suspect there's an element of sloppy thinking there. We've all been raised to regard "free speech" as inviolable, so adopting a broader concept of "free speech" is a handy way of sneaking other things into the tent.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  46. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 1, Interesting

    community moderation when it comes to free speech is the absolute WORST system, it engenders reader bias and the site pretty much becomes as you mentioned an echo chamber for views supported by the majority. you only have to look at comments called out as shills or downvoted to oblivion for when they legitimately comment something that differs from the group think (and by differ I mean a legitimate opinion or view not the scumbag trolls and real company shills).
    you have clearly highlighted the problem by providing your own FUD about Microsoft which pretty much guarentees you will be modded up regardless of how infactual much of it is.

  47. Smug Alert!!! by Anonymous Coward · · Score: 0

    https://www.youtube.com/watch?v=TMTkedIUX8U

  48. Lying is protected Free Speech -- but FRAUD isn't. by Fish+(David+Trout) · · Score: 1

    Supreme Court case United States v. Alvarez ruled the 2005 version of the Stolen Valor Act was unconstitutional, as lying -- however repugnant -- is protected first amendment speech.

    Punishment for fraud however -- lying for tangible (e.g.financial) gain -- as in the revised Stolen Valor Act of 2013, IS constitutional.

    So claiming you have a product which does A, B and C and costs $X is NOT free speech if the product can be show to not actually accomplish what it claims (i.e. if it can be shown to be a lie), as that is considered fraud (i.e. lying for financial (tangible) gain).

    Disclaimer: I am not a lawyer.

    Ref:

    https://en.wikipedia.org/wiki/United_States_v._Alvarez
    https://en.wikipedia.org/wiki/Stolen_Valor_Act_of_2005
    https://en.wikipedia.org/wiki/Stolen_Valor_Act_of_2013

    --
    "Fish" (David B. Trout)
  49. Shouting "fire!" in a theatre by whoever57 · · Score: 1

    The legality of shouting "fire!" in a theatre are not as clear as people commonly think. Even the Supreme Court judge who used it in an example walked back his opinion on the subject.

    --
    The real "Libtards" are the Libertarians!
  50. Re: SeX with a GOAT by Jesus+H+Rolle · · Score: 2

    What, no link?

  51. "Commercial Speech" enjoys less protection by The+Cisco+Kid · · Score: 1

    http://www.lawpublish.com/amen...

    Advertising Is Protected by the First Amendment
    The question is often asked: Does the First Amendment protect advertisements? Advertising is indeed protected by the First Amendment of the U.S. Constitution. However, advertising or "commercial speech" enjoys somewhat less First Amendment protection from governmental encroachment than other types of speech. The Federal Trade Commission (FTC), for example, may regulate speech that is found to be "deceptive."

  52. Leave the "fire" simile alone already by mi · · Score: 1

    But are other things the equivalent of yelling "fire" in a crowded movie theatre?

    The comparison was first involved to convict a man advocating against America's involvement in the First World War. His agitation against it was deemed analogous to yelling fire in the crowded theater.

    Obviously, that precedent was undone in the 60-70ies, when being against a war became all the rage.

    Speech is speech. Deal with it.

    --
    In Soviet Washington the swamp drains you.
    1. Re:Leave the "fire" simile alone already by dywolf · · Score: 1

      is there a point to you post, or were you simply trying to use deflection of one obvious case of protected speech that SCOTUS got wrong (and indeed was overturned later) to try and impugn a separate situation that is not protected speech, aka the straw man fallacy?

      as your helpful link points out, people shouting fire in crowded theaters or other gatherings had, at the time of that case, killed hundreds of people in the ensuing panics. thus the Justice in the case was not creating the reference for the first time (as you seem to want to imply), but pointing it out as something the people of the time would be commonly familiar with as a kind of speech that is dangerous and not worthy of protection.

      once again you prove that you know nothing.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  53. Question Does Not Parse by mentil · · Score: 1

    Misinformation and disinformation are 'speech'. 'Free speech' refers to an ideal, which is sometimes enshrined into law to varying degrees. If you're attempting to ask "should disinformation be protected as 'free speech'?" then we have an actual question. It's generally held that deterring/remedying fraud is one of the most valid reasons for the existence of government. The summary questions if fraud should be considered protected under 'free speech'. I'm gonna have to say no. Let's make fraud legal and watch how fast society collapses, won't that be fun! In China, they wouldn't even have prosocial behavior to fall back on, melamine contamination for everyone!

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:Question Does Not Parse by david_thornley · · Score: 1

      Kant discussed his "categorical imperative" as a basis for morals. One of the formulations (and I'm not offering to prove the formulations are anywhere near equivalent) was "Always behave as if your behavior could be made a rule". If lying becomes the rule, then there's no point in speech, or lying.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  54. It's real simple by Anonymous Coward · · Score: 0

    If there is no financial gain to your "speech" then it's free speech. Free speech is "one's" right, not a collective or a company right.... [f]or the protection of national security or of public order (order public), or of public health or morals.. etc etc

    Once you promise something for money, it's no longer free speech, you are now liable for the item you are peddling and can easily be sued. The bulk of the cancer drugs make promises that are not true, you can sue them if you can prove that they are full of shat.... replace the a with an i..

  55. Depends on motive by Anonymous Coward · · Score: 0

    It really depends on the motive.

    If your motive is to profit, then that is not free speech, that is a sales pitch. Sales pitches are ruled by laws against pyramid schemes and such.

    If your motive is to deceive (eg lie, misinform,) then that is not free speech, as you are benefiting from that misinformation. Ask 4chan about Encyclopedia Dramatica . se Encyclopedia Dramatica .rs , I'm sure people would argue that Encyclopedia Dramatica is not free speech, and is a hate site if anything. It's existence encourages wannabe-trolls to get into doxx'ing people they hate. A lot of misinformation is at the cost of someone elses privacy.

    Free speech should be defined as the ability to say anything truthful in publish without the government intervening. If the government says "all birds are ants" and your march around with a picket sign saying "birds are not ants", the government can't do anything about you telling the truth. However if you walk around with a sign saying "Birds cause cancer" they should be able to, at the minimum put up a sign that says "Idiot, Birds do not cause cancer, but they are still ants (proof)"

    My point is that Americans have an actually pretty overbroad concept of freedom of speech, and it is tested quite frequently. However if you really want to see how freedom of speech is tested, draw porn. Not vanilla porn either. See what results in a visit from the feds. If you really had freedom of speech, drawing anything should not be illegal, even if it is distasteful like ultra-violent, or child-porn. Because it's fictional, it is not real. That cartoon "Big Mouth" on netflix was sure pushing the line to see what they can get away with (that Japan always gets away with.) Do Japanese have more freedom of speech, I'd say yes, but it comes at the cost of censorship being an automatic thing to get crap past the radar rather than trying to push the edge.

    Canadians have less freedom of speech, try to import porn. It will still get seized at the border. Even if it was produced in Canada and re-imported. Porn from the US and Japan, confiscated.

    Hate speech laws are essential for balancing freedom of speech. What kind of speech is hate speech? It's any speech that denounces that another human is subhuman or has no rights. So all these conservatives that try to strip rights from People of Color, GLBTQ people, or roll back gay marriage, or promote their own Christian Sharia-law are espousing hate speech. If hate speech laws had any teeth, anyone who makes makes such comments, online, offline, or whatever should have 24 hours to retract the comment and remove from public the hateful speech. After 24 hours, throw them in jail until the comments are removed from the public.

    1. Re: Depends on motive by Anonymous Coward · · Score: 0

      Freudian slip much?

  56. Hoisted by your own petard by Anonymous Coward · · Score: 0

    Truth is subjective. Isn't this the bullshit libs have been preaching for years?

  57. Of course it is brought up. by Mr.+Shotgun · · Score: 1

    But are other things the equivalent of yelling "fire" in a crowded movie theatre?

    The "shouting fire in a crowded theater" is a bullshit statement from a bullshit case because of a bullshit law.

    Holmes used his statement to justify the imprisonment of draft dissenters during world war one in clear contradiction of the first amendment which even he admitted, eventually. I will say it again, this is bad law, and anyone who wants to have a serious discussion about free speak should not utter it in polite company.

    That being said, yeah the quality of advertising and accuracy of advertisers statements is something to look at. It does seem like many sites allow these snake oil salesmen to set up shop on their doorstep through frames or whatever. And they want to keep their reputation while blaming the advertisers without admitting responsibility for letting them in. Shame on them, they own the site, police the content.

    --
    Of all tyrannies, a tyranny sincerely exercised for the (supposed) good of its victims may be the most oppressive
  58. The incredilous Left by Anonymous Coward · · Score: 0

    Still looking for ways to game democracy by establishing a slippery slope that leads straight to dictatorship.

  59. Yes, both when Slashdot and government lies by Anonymous Coward · · Score: 0

    apparently. Again, there's always someone who wants to control truth.

  60. Re:Defamation/lies are not protected by 'free spea by Anonymous Coward · · Score: 0

    I'd mod parent up if I could, and add:

    4) Information regarding some subject matter may be regulated (e.g. claims about the medicinal benefits of a product are subject to FDA oversight).
    5) Even if not regulated, you may be liable for damages caused by some misleading statements (various forms of negligence or fraud, depending on the subject matter and the statement in question).

  61. The question conflates several different issues by JoelKatz · · Score: 1

    Is deliberately misleading people free speech? Absolutely.

    Is speech whose primary purpose is to solicit a commercial transaction generally accepted as an exception to free speech? Yes.

    Is fraud speech? No, but misleading speech is just one element of fraud.

  62. Your examples probably qualify as fraud by aklinux · · Score: 1

    Now all you have to do is come up with enough evidence to get charges brought and a conviction. Plus. You need to figure out who has juristiction. If they were just telling stories or giving out information, that would be free speech. These guys are asking for money under false pretenses, this makes it fraud.

  63. Consumer Rights by Jzanu · · Score: 1

    Consumers in most industrial countries have the right to recompense from false advertising, regardless of the channel used. With respect to the political angle seized upon by others here, largely that is all irrelevant, and otherwise that is the product of misunderstanding on your parts. Idealism isn't productive, neither is naivety. Just because you want things to be a certain way doesn't make them that way, and there are well established mechanisms for redress in law.

  64. Puffery by Anonymous Coward · · Score: 0

    The problem is that most claims are subjective or puffery:

    "Amazing difference in 2 weeks". What qualifies as amazing? What qualifies as a difference? Precisely when, does that 2-week interval begin?

    Then there's the problem of proving that 'before' and 'after' circumstances haven't changed: Customers aren't assuming that most of time it doesn't work, so precise, numerical measurement isn't undertaken.

    Since the advertising business, likely, isn't in one's own country, it doesn't have to meet national laws on truth or data security.

    As part of Reagan's war on common-folk, US children stopped being protected by truth-in-advertising, causing lawlessness everywhere on the internet.

  65. what about sci journos? by superwiz · · Score: 1

    It's the same standard from what I can tell. If you are free to make incorrect statements in journal submissions, you should be free to make them in Internet posts. It's the same principle. Both are vetted through a review by the peers of the poster. Both are susceptible to clusterfuck. It's as free as speech gets. Anything attempt to regulate it makes speech less free and increases instances of regulators' priorities leaking into the information stream to drive an agenda.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  66. It's called FRAUD you genius by CarterMeyers · · Score: 1

    It's called FRAUD you genius , this already limits what you can/cannot say... also, USE YOUR FUCKING BRAIN and do the research... remember the old saying, if it seems too good to be true it probably is.

  67. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    And what specifically? Any quotes or references you have in mind?

  68. Free To Say It by JimSadler · · Score: 1

    Yes people are free to say absurd and evil things. That in no way implies that they can not be severely punished for those lies. For example spouting nonsense about Obama not being an American citizen should have resulted in severe fines and long stays in prisons. The sad truth i that so many Americans are criminals that we have no way to afford arresting and convicting millions more even when their crimes are blatant and revealed to all the public. We still have idiots insisting that Hillary is guilty of hundreds of felonies. And here i am so ignorant that i believe one is guilty when a trial judge says you are guilty. If a court finds you innocent the reality is that you are innocent.

    1. Re:Free To Say It by david_thornley · · Score: 1

      The problem is that lots of people said that Obama was a Muslim born in Kenya because they believed that. We can't punish people for saying stupid things because they believe them. Heck, sometimes what looks like stupid speech turns out to be prophetic (look at some of what Richard Stallman wrote).

      Similarly, there's no law against saying that global warming isn't happening. The court cases are about demonstrating that companies knew it was, and deliberately made false statements to further their business.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  69. All politicians by Anonymous Coward · · Score: 0

    > ... All companies will actively work against the interests of society and most people if it is within their own interests to do so ...

    All politicians actively work against the interests of society and most people all the time, whenever it is within their own interests to do so

    The Democrats have kept the Blacks in their urban plantation for over a hundred years --- first by playing the anti-Black / pro-KKK role, in reigning in the Blacks inside certain enclaves within the urban cities; then by a 'role-reversal' and morph into the 'messiah for Black' role and carefully guided the Blacks into the perpetual poverty quicksand, with empty promises, half-truths and outright lies

    1. Re: All politicians by Anonymous Coward · · Score: 1

      Talking about the old democrats and the new democrats without mentionning the southern shift, is very disengenuous. It's almost as if you were actively trying to misinform people...

    2. Re:All politicians by Anonymous Coward · · Score: 0

      Smells like a Pootie-Poot troll. Americans don't phrase things like this or use these terms. American readers will know, Russians wont. Too bad biatches.

    3. Re: All politicians by Anonymous Coward · · Score: 0

      When did this shift happen? When the Republicans and Democratic parties switched? Was it before FDR and his progressive policies? Those happened and the 30 and 40s. FDR appointed a KKK member to the supreme court. The KKK and segregationist were Democrats until after segregation was outlawed in the 50s. Many of the current Democrats are lifelong Democrats. Who is being disingenuous?

    4. Re: All politicians by J.+J.+Ramsey · · Score: 1

      "When did this shift happen?"

      http://lmgtfy.com/?q=Southern+...

  70. That's the way it is ... by Anonymous Coward · · Score: 0

    Walter Conkite made an entire career of misdirection and he was never prosecuted.

  71. Can't we defend ourselves against ads and shills? by Anonymous Coward · · Score: 0

    Maybe we should not allow too big companies to exist. What good are they?

  72. Re:Slashdot readers should sure hope so by lucm · · Score: 2

    you only have to look at comments called out as shills or downvoted to oblivion for when they legitimately comment something that differs from the group think

    I completely agree, people use moderation to silence dissenting opinions. This is why I opted out of the moderation thing a long time ago.

    As for people being called shills, it always has been a ludicrous accusation; even if it's obvious that some readers or even editors have agendas (like Beauhd and his endless pro-Apple propaganda) it's pretty clear that they're doing it out of misguided loyalty to a brand that they think make them look cool rather than for some form of monetary reward.

    --
    lucm, indeed.
  73. Re: Slashdot readers should sure hope so by lucm · · Score: 2, Interesting

    "The real tragedy of the poor is the poverty of their aspirations."
    - Adam Smith

    --
    lucm, indeed.
  74. NOW MY ASS HURTS apk by Anonymous Coward · · Score: 0

    See subject. Rather than doing the RIGHT THING and shoving up bump stocks UP MY ASS, I used to write demented MESSAGES about RANDOM THING...

    * FILL the VOID. Shove UP the bump stocks in your ass...

    * STOP the CENSORSHIP of posts about YODA action figures being shoved UP people's ass, it IS A good thing.

    * There is NO reason for bump stocks to be not be shoved up THE ASS. The SENSATION is painful but STRANGELY arousing.

    * Help SPREAD THE WORD that I'm enjoying SHOVING THINGS up my ass

    APK

  75. Re:Commercial Speech? Free Speech? by Anonymous Coward · · Score: 0

    unless it's none of their damned business ;)

  76. Not normally by Hognoxious · · Score: 1

    Not normally. But it is if any of the following apply:
    - Elon Musk says it.
    - It uses blockchains.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  77. it happens in spite if free speech by Anonymous Coward · · Score: 0

    In fact i contend that free speech by its nature undermine thst independence. Once every speech becomes equal, the crap one overwhelm the good one a million to one. That is why we have the problem that the moderate left and right is being ignored, while the far left and right (tea party, nazi, anti fa, PC and i probably a few on both side) led the discourse in the last years. Ultimately i think completely free speech free-for-all-crap buffer undermine itself, and some small form of censorship bring people to try to fight it with quality and bypassing it.

  78. No. by Anonymous Coward · · Score: 0

    Oh, and how you find out what is "true"? It's called investigation. If I say I have a time travelling delorean you can that claim is so ridiculous I have to prove it, else it shall be considered "false". If I say my oil cures wrinkes, you can demand to test it scientifically. Why is any of this a question? No matter what the rigthie-whiteies say, their opinions are not the equal of facts.

  79. Re:There is a difference between speech and a cont by 6Yankee · · Score: 2

    You mean I can put hot sauce in my eyes when I'm reading Slashdot and I'll see punctuation where I see gibberish? Shut up and take my money!

  80. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    But FUD ande deceivement is the only way most companies can be competitive, misleading (marketting) and quackery are the corner stone of capitalism itself, if you dont believe me you can search on the internet, specially cable companies, phone companies and pharmaceutical companies.

  81. Impersonating me? Weak by Anonymous Coward · · Score: 0

    See subject: Whoever the fool is attempting to "impersonate me" only proves that I've REALLY 'gotten to them' somehow (thanks).

    * I am with you on something though - there is a TON of bogus downmoderation but as the saying goes? "When all your opposition has is censorship you've obviously won" (& I am highly against the LOON(s) who shot all those folks up in Vegas - I think it's somekind of falseflag OR an attempt @ further dividing our nation up ala the KING of bogus evil in that capacity, George Soros paying off groups like BLM & Antifa to do so...) - but GUNS DON'T KILL PEOPLE - people do. NO reason to ban guns!

    As far as "AssFux" Ash-Fox? That whimp's a weasel who ALWAYS starts w/ me (he's 'butthurt' I've busted him up on tech issues is all that is)...

    APK

    P.S.=> Provoking weasel reactions like yours is all the satisfaction anyone needs... apk

    1. Re:Impersonating me? Weak by wbtittle · · Score: 1

      I am still not convinced that scoped, noise reduced, non bumpstocked version wouldn't be deadlier. The bump stock versions are definitely more terror inducing.

      --
      God: "I don't leave footprints!"
  82. Problem is one of intent, not truth by Solandri · · Score: 4, Informative

    You're presuming that truth = good, falsehood = bad.

    Telling the truth can be bad. Lying can be good. Say you're at a mini-mart and an upset woman runs up to you saying her husband is trying to kill her, then runs into the bathroom. Then an angry man runs in holding a knife screaming, "where is that bitch, I'm gonna kill her." Do you tell him the truth? Or do you deliberately mislead him by lying, and say she ran out the back door?

    Speaking the truth or lying does not necessarily correlate to good/bad. Your intent in saying what you say does - whether you're trying to help or harm. Unfortunately, intent is something internal to your mind. You can guess what another person's intent probably is, and in rare cases you can eliminate any other possibility and infer their true intent. But most of the time you can't be sure. And basing legality or punishment on something that most of the time you can't be sure of is just setting up your system for all kinds of trouble.

    Take the anti-vaccination movement for example. It's based on statistical error (emphasizing single anecdotes over overall trends) or logical error (believing the testimony of a famous celebrity unskilled in the field over the testimony of a non-famous expert in the field). I would dearly love to ban it from the Internet. But if we set that precedent, what if some time in the future the conspiracy theory becomes true and the government is pacifying the population with mind-altering drugs under the guise of vaccination? Your well-intentioned ban in favor of the truth has then set a precedent allowing a misleading falsehood to be presented as the truth, and the actual truth suppressed.

    The more I think about it, the more strongly I feel that banning is not the answer. Educating the populace is, so most of them will not make the aforementioned errors. Yeah we're never going to convince 100% of the people that vaccines are good. But 99% should be good enough for most purposes. And I really don't think the tradeoff in future potential abuse is worth it just to get that final 1% to comply.

    The fundamental premise behind Democracy is that The People are on average smart enough to usually make the right decision. If you feel we need policies which deprive The People of the right to make those decisions, then you're basically admitting The People aren't smart enough to make the right decision, and thus Democracy doesn't work. (I can actually seen an argument for a benevolent oligarchy being better than democracy. But if you're going to argue for that, then don't even bother with the pretense of pretending to support freedom of speech.)

    1. Re:Problem is one of intent, not truth by Anonymous Coward · · Score: 2, Insightful

      This is a mess. How does lying to an armed hostile compare to lying to the American (or any) people in any logical fashion? Your scenario about the anti-vaxer's is also founded on the peculiar assertion that we would ban Anti-Vaccine Speech in specific instead of *False* speech. Truth is already an absolute defense to libel and slander laws (at least in the US, usual not-a-lawyer disclaimer), and of course fraud laws. If in the event of actual government conspiracy, the whistle blowers should be presenting proof of some form anyway.

      And your last paragraph is the worst of all. The people can ONLY be smart enough to make the right decision if they have valid information to decide on. Garbage in, garbage out works just as well for people as it does for computers. Blatantly permitting outright false propaganda, or even worse hamstringing attempts to reveal the truth and forcing outlets to carry the propaganda alongside the truth constitutes blatantly tipping the scales for the liars side.

      What does it say about your ideology when you have to lie to the people to make them support you?

    2. Re:Problem is one of intent, not truth by sysrammer · · Score: 1

      holyfuck what is wrong with some people?

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    3. Re:Problem is one of intent, not truth by Anonymous Coward · · Score: 0

      holyfuck what is wrong with some people?

      Well, in Solandri's case, he's a deliberate propagandist working to undermine freethinking and rational people with diabological memetic engrams. That's why he can't afford to admit to any of the flawed cognitive ideations he's created.

      Underlying that, well, I can't say, maybe it's biological, perhaps he was exposed to mercury too much as a child.

      Or do you mean the moderation? Well, that's just Solandri's gang of sockpuppets, nothing unusual there, they're not actually people, just scripts.

    4. Re:Problem is one of intent, not truth by Anonymous Coward · · Score: 0

      ... pretense of pretending to support freedom of speech ...

      No-one else criticized this delusion, I notice. Currently, in the world, it is the monarchies banning indefinite detention, not the republics guaranteeing the rights of the people.

      Let's remember that Bush junior invaded Iraq for personal reasons and gave welfare to rich people (Wall street) against the will of the people: The very things a Republic is built to prevent. Let's remember a very rich US republic wages war on its own people via the policies opposing drugs/ terror/ piracy/ pedophiles.

      Let's remember those monarchies, where people don't have a right to speech, to assembly, to a weapon, to unfettered wealth, have the same standard of living as the USA. Those countries have a political system built on equality and equity: Not on the unavoidable rights of one demographic oppressing others. (eg. slave-owners, gun fanatics, 'tough on crime' fanatics, antifa vigilantes, anti-socialists)

    5. Re:Problem is one of intent, not truth by Anonymous Coward · · Score: 0

      re: vaccine

      no.

      #1 - vaccines, on average, may do good. but who the fuck cares, on average. I care about what this vaccine, might do to me, or my children.
      #2 - NOBODY, has a right, to force me to take medication.

      #3 - see the start of involuntary civil commitment, with the case of Typhoid Mary. Now look, where its at today. In particular, google "the living inheritance".

      there is a reason, the old forms exist. respect them, even if you don't understand them.

    6. Re:Problem is one of intent, not truth by Anonymous Coward · · Score: 0

      This is a mess. How does lying to an armed hostile compare to lying to the American (or any) people in any logical fashion?

      Well, the American people are armed and hostile, some of them anyway, perhaps including Solandri.

      Your scenario about the anti-vaxer's is also founded on the peculiar assertion that we would ban Anti-Vaccine Speech in specific instead of *False* speech.

      Sssh, Solandri's strawman can't handle being set on fire.

      Truth is already an absolute defense to libel and slander laws (at least in the US, usual not-a-lawyer disclaimer), and of course fraud laws. If in the event of actual government conspiracy, the whistle blowers should be presenting proof of some form anyway.

      A birther like Solandri would never accept proof from the government anyway. They fabricated a birth certificate, what else will they lie about? Iran-Contra? 9/11? Men on the Moon?

      And your last paragraph is the worst of all. The people can ONLY be smart enough to make the right decision if they have valid information to decide on. Garbage in, garbage out works just as well for people as it does for computers. Blatantly permitting outright false propaganda, or even worse hamstringing attempts to reveal the truth and forcing outlets to carry the propaganda alongside the truth constitutes blatantly tipping the scales for the liars side.

      That's probably why Solandri regularly posts lies and falsehoods in defense of his ideology, to tip the scales for his own unbalanced positions.

      What does it say about your ideology when you have to lie to the people to make them support you?

      Great things, that's why Solandri is a Republican, a Conservative, and a Quarryman, who voted for Trump three times for himself, and six times for his dead mother, his dead cats, and Edgar Neubauer.

    7. Re:Problem is one of intent, not truth by HeckRuler · · Score: 1

      You're assuming, in turn, that "good" and "bad" are some sort of global absolutes.

      What's good for the psycho-killer is bad for everyone else. What's good for the US trade deficit is a bad day for China's secretary of trade.

      Also there are things that are good in the short term that are bad in the long term, like eating a bunch of candy. And things that suck in the short term, but are good in the long term, like EVERY ADULT DECISION.

      Telling people the truth is good, for them, in the long run, on average.

      BUT. Yeah dude, I wholly agree. Banning false speech is way too damn close to banning "false" speech and even at it's best it would just leave people vulnerable to charlatans. I think populaces build up immunities to.... bullshit lies and develop a healthy sense of skepticism. Part of growing up is learning that the toy isn't quite as awesome as the advertising makes it out to be. Part of growing up is learning that there's no real difference between that and campaign speeches.

  83. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    what about tesla?

  84. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Electric chair.

  85. Rewording by Meneth · · Score: 1

    Speech is free if the authorities will not censure the speaker.

    False advertising is sometimes censured, so it is either not free (conservative) or partially free (risky).

    A better question is, should false advertising be free?

  86. Wrong Q. Correct A is "What's the alternative?" by Ungrounded+Lightning · · Score: 1

    So the question -- is peddling this stuff online really "free speech"? You are promising something grandiose in exchange for hard cash that you know doesn't deliver any benefits at all.

    That's the wrong question - because any claim that there is ANY subset of speech that is NOT free speech pitches you over the cliff and onto the slippery slope:

      * If there is a non-free subset of speech it's allegedly OK to restrict it.
      * But that opens the can of worms: How - and by whom - is this subset defined?
      * Answer to that is, of course, government. But government has an incentive to suppress speech that is inconvenient for it.
      * The most inconvenient speech for government, of course, is speech that exposes wrongdoing by its officials, exposes systematic abuses of power, and organizes opposition to those in power - either the individuals or the system itself.
      * So the arbiters of what is non-free speech suppress THAT. And suppressing THAT is what the whole prohibition on interfering with speech is supposed to prevent.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  87. Tax Avoidance by Sinesurfer · · Score: 2

    Truth in advertising and publishing is a different issue to tax avoidance. Certainly both are motivated by self interest however taxation is already defined in legalisation.

    Your reference to "companies do so everyday by actively evading paying their fair share of taxes" isn't (illegal) tax evasion but your opinion. To resolve (legal) tax avoidance you need to (1) write simpler laws which (2) levy tax on corporate income without (3) penalising saving and investment. Finally (4) either (a) employ extra-jurdisial taxation (as the US does with their citizens living overseas) or (b) eliminate the tax havens zero tax policies (through negotiation, mutual treaties or a trade embargo).

    What is your opinion.

    --
    Regards Sinesurfer A Nerd is someone who lives for technology, A Geek is someone who lives for technology and loves it
    1. Re:Tax Avoidance by Anonymous Coward · · Score: 0

      My opinion is that you should learn two things; the difference between morality and law, but first: when asking a question, you end the sentence with a question mark.

    2. Re: Tax Avoidance by Anonymous Coward · · Score: 0

      Why.

    3. Re:Tax Avoidance by HornWumpus · · Score: 1

      It is immoral to pay your taxes. It is illegal not to.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re:Tax Avoidance by Anonymous Coward · · Score: 0

      Of course it's moral to pay taxes, Jeebus told us so in his book.

    5. Re:Tax Avoidance by Anonymous Coward · · Score: 0

      To resolve (legal) tax avoidance you need to (1) write simpler laws which (2) levy tax on corporate income without (3) penalising saving and investment. Finally (4) either (a) employ extra-jurdisial taxation (as the US does with their citizens living overseas) or (b) eliminate the tax havens zero tax policies (through negotiation, mutual treaties or a trade embargo).

      Or you could just get rid of corporate taxes entirely. It's not like corporations are people. Double taxing income creates enormous incentive to find legal ways to avoid the taxes. There's no way that is going to have a happy ending for society (though a lot of lawyers, accountants, and politicians will get rich in the process).

      When societies adopt dumb policies the unintended consequences inevitably make the net effect more negative than beneficial, and that's exactly what we see with corporate taxes.

      We end up with taxes on corporations not because there is a net benefit to society, but because of special interest groups manipulating the political systems of various countries towards their own agendas, and at the expense of society.

      We already tax individual income, simply make that system better. A good tax system could have a much lower tax rate (it could still be progressive), while producing more income and reducing overhead. Countries such as the USA and Britain have thousands of pages of tax law - but there's no doubt the same amount of income could be obtained with far simpler systems.

      You could also tax transfers of money overseas as if they were income. That's probably the only scenario where taxing corporations could make sense. It would also help with a lot of loopholes.

    6. Re:Tax Avoidance by Anonymous Coward · · Score: 0

      A good tax system could have a much lower tax rate (it could still be progressive), while producing more income and reducing overhead.

      Uh... cite?

  88. "Fire in a crowded theater" was coined ... by Ungrounded+Lightning · · Score: 1

    But are other things the equivalent of yelling "fire" in a crowded movie theatre?

    Did you know that the "(falsely) cry fire in a crowded theatre" argument was coined by Justice Oliver Wendell Holmes Jr. - in a Supreme Court opinion (for Schenck v. United States, 249 U.S. 47 (1919)) that it was legal to suppress such speech?

    Did you know the speech in question was printing and distributing pamphlets opposing the draft for WW I?

    Holmes, writing for a unanimous Court, ruled that it was a violation of the Espionage Act of 1917 (amended by the Sedition Act of 1918), to distribute flyers opposing the draft during World War I. Holmes argued this abridgment of free speech was permissible because it presented a "clear and present danger" to the government's recruitment efforts for the war.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:"Fire in a crowded theater" was coined ... by omnichad · · Score: 1

      It makes a much better hypothetical than the case the opinion was applied to. I'll pay for your movie ticket if you'll go and try it.

    2. Re:"Fire in a crowded theater" was coined ... by Ungrounded+Lightning · · Score: 1

      It makes a much better hypothetical than the case the opinion was applied to. I'll pay for your movie ticket if you'll go and try it.

      I'm reminded of a story about Abbie Hoffman ("Free speech is the right to shout 'Theater!' in a crowded fire. "), back in the '60s.

      Story goes he was being interviewed (in a crowed studio theater, of course) and the subject of free speech came up. After he'd said something to the effect that free speech was absolute, the interviewer asked him:
        Q: ~But, surely, you don't thing it's right to shout 'Fire!' in a crowded theater?~
        A: "Fire!"

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    3. Re:"Fire in a crowded theater" was coined ... by omnichad · · Score: 1

      And of course that's not a counterexample. It's easy for anyone to tell from context that it wasn't intended as a serious warning. It's not the word fire itself that's potentially unprotected speech.

  89. fictional tv precedent by Anonymous Coward · · Score: 0

    didn't law and order have an episode about this once? Or maybe it was L.A. Law. Or Matlock, or Perry Mason, or Magnum P.I. I'm sure the non-misleading people that made those shows, and CSI never had intent to mislead about anything. Or the FBI with fingerprint evidence.

    Or chameleons. Or stick bugs.

    Jesus, everybody and everything lies and misleads. Except for Jesus. And me in the last paragraph.

  90. Free speech is misunderstood by HuguesT · · Score: 1

    Free speech does not mean that anyone can say anything at anytime. It means that the government cannot suppress some forms of speech sometimes. Some forms of speech are definitely banned like hate speech, incitation to crime, divulgation of intellectual property, and many others. Peddlers of false cures are not protected by free speech but could be brought to justice under the heading of Truth in Advertising. See Tina.org

    1. Re:Free speech is misunderstood by Anonymous Coward · · Score: 0

      Lol! All of that is demonstrably false.

    2. Re:Free speech is misunderstood by JudeanPeople'sFront · · Score: 1

      Except, hate speech is free speech - protected by the First Amendment. Says the Supreme Court.

  91. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    you only have to look at comments called out as shills or downvoted to oblivion for when they legitimately comment something that differs from the group think

    I completely agree, people use moderation to silence dissenting opinions. This is why I opted out of the moderation thing a long time ago.

    This does not compute. Is the cause for your opting out:
    -cynicism?
    -not wanting to participate in evil?
    -an acknowledgement that you would do it too?

  92. More attempts to stifle dissent... by Anonymous Coward · · Score: 0

    It's never ending, isn't it... the cries of the controlled media, trying to silence the masses...

    Trying to STOP somebody from shouting 'Fire!' when there IS a fire in a theatre is much worse than somebody yelling 'Fire!' when there isn't...

    And that's exactly what the mainstream media is trying to do - stop us from shouting 'Fire!' while they burn our country down...

  93. Religion has benn doing it for millennia by Anonymous Coward · · Score: 0

    Religious nutters have been misleading the gullible for millennia. They are also protected in the constitution of most countries.

    1. Re: Religion has benn doing it for millennia by Anonymous Coward · · Score: 0

      No. Speech that is unambiguously false should not be protected in any way. A religion should not easily be disprovable, but much of what Donald trump says is disprovable.

    2. Re: Religion has benn doing it for millennia by Anonymous Coward · · Score: 0

      Well.. they can say it but they can be held liable for false advertising...

      Where do you draw the line? You you need 50 peer-reviewed studies before you can make a claim about anything?

    3. Re: Religion has benn doing it for millennia by K.+S.+Kyosuke · · Score: 1

      Religions don't have a good track record when it comes to "not being easily disprovable".

      --
      Ezekiel 23:20
  94. Depends on what you mean by free speech by Anonymous Coward · · Score: 0

    If you mean by âoefree speechâ , there should not be censorship of it by the government prior to publishing , then yes, itâ(TM)s free speech.

    In most countries there are limits on free speech , or at least whilst the speaking may be free, that does not protect you from the consequences of that speech.

    Telling untruths for personal financial gain, is not regarded as free speech, it usually classified as fraud (or something similar in terms of criminality). In some areas, the law is even more specific / constrained and healthcare is one where certain claims require approval from a regulatory body.

    The US has pretty weak consumer protection, and this might not hold true in the US. It also has major issues with industry lobbying influencing policy & policy enforcement , that arenâ(TM)t quite as prevalent in many other places.

    The other thing about persistent bullshit claims for magic beans curing X, is the constant gaslighting of the population makes it harder for them to distinguish film flam from actual marketing , and it can really skew peopleâ(TM)s expectations , leading to bad decisions. So it can be kind of a slow burn , trampled to death because someone yelled âoefireâ.

    Iâ(TM)m not sure who the origin of the quote is , but itâ(TM)s probably necessery in this context:

    Q Do you know what they call alternative medicine that is evidence based, and backed up by science and clinical testing ?

    A âoemedicineâ

  95. who gets to decide what truth is? by Anonymous Coward · · Score: 0

    the reason why we have liberty and free speech is because nobody can be trusted. our system bets that in the messy chaos of adversarial dialectic, we head towards a better outcome.

  96. Free speech means you cannot be stopped by Anonymous Coward · · Score: 0

    But you certainly can be held accountable.

  97. Re:Your site is very good by Calydor · · Score: 1

    I ...

    I have no idea if this is an extremely serendipitous random spam post, or expert tongue-in-cheek humor.

    --
    -=This sig has nothing to do with my comment. Move along now=-
  98. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Look at TATA Group, as an example to refute your assertion. TATA Group is massive conglomerate under the umbrella of a charitable organization, TATA Sons. There is absolutely no reason why any company needs to actively work against the interests of society and most people. Rather, it's the culture in which that capitalism is manifested that will determine how that capitalism is shaped and used.

    Fix the culture, fix corporate responsibility, and fix the socio-political environment in which those corporations exist, and you find that bending consumers over and raping them through the pants isn't inevitable.

  99. Re:Slashdot readers should sure hope so by r0kk3rz · · Score: 1

    It's no surprise when a new target-for-compatiblity becomes concerned, as history has demonstrated that by introducing compatibility, Microsoft will break that compatibility when it feels the time is right to get customers to migrate to Microsoft off of whatever previous software they used, and the cycle repeats.

    This isn't unique to Microsoft though, and is seen throughout the industry not as 'nefariousness' just what makes good business strategy at any point in time.

    When you're the underdog, you want people to switch to your offering, and as such software compatibility makes that easy. If you're successful and become top dog, you want to stop people leaving which you can do by ensuring your software compatibility is as hard as possible to replicate elsewhere.

    Microsoft is certainly guilty of this, but imo its just the way business is. You don't give your competitors a level playing field unless someone makes you.

  100. Next question.

  101. Deception is not free speech by CptLoRes · · Score: 1

    Deception is fraud, and last I checked this is not protected by free speech.

  102. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    You can't break this down into a simple abstract social project like "fix society" because you'll never solve the problem.

  103. What about the freedom by Anonymous Coward · · Score: 0

    What about the freedom to write N I G G E R?

  104. Shouting "Fire" in a crowded theater by Anonymous Coward · · Score: 0

    I keep hearing this drivel from 'murcans. What is the problem with yelling "fire" is a crowded theater? However else are you supposed to notify everyone that there is a fire in the crowded theater?

    1. Re:Shouting "Fire" in a crowded theater by fibonacci8 · · Score: 1

      I keep hearing this drivel from 'murcans. What is the problem with yelling "fire" is a crowded theater? However else are you supposed to notify everyone that there is a fire in the crowded theater?

      You've expressed half of the example, and gotten the result you wanted. The problem is yelling "fire" in a crowded theater... that isn't on fire. From anything false, anything follows.

      --
      Inheritance is the sincerest form of nepotism.
    2. Re:Shouting "Fire" in a crowded theater by omibus · · Score: 1

      Basically, it will cause people to get trampled, possible killed. That is why it is dangerous.

      --
      Bad User. No biscuit!
  105. Re:Slashdot readers should sure hope so by zifn4b · · Score: 0

    then stop with the FUD that portrays those companies as actively working against the interests of society and most people.

    All companies will actively work against the interests of society and most people if it is within their own interests to do so. Microsoft & the rest of the big tech companies do so everyday by actively evading paying their fair share of taxes.

    It's called the Free Enterprise system. I'm sure I'll be modded down because that's what happens when you post real facts. The fact is even though the Free Enterprise system has a lot of room for improvement, it is the best thing we've come up with so far even in terms of lowering poverty. If you are a college student and you've bothered to take some history and/or economics, you would know this to be the case. If you want to take it to the next level, you should invent a better system and prove why it would work better.

    --
    We'll make great pets
  106. What are these commenters smoking? by Anonymous Coward · · Score: 0

    Why is everyone talking about advertising? This article isn't talking about false advertising

  107. Re:Slashdot readers should sure hope so by zifn4b · · Score: 2

    you only have to look at comments called out as shills or downvoted to oblivion for when they legitimately comment something that differs from the group think

    It's called Confirmation Bias. Most people will mod up what confirms their beliefs and mod down what doesn't. Such is human nature. In order for people to be objective, they would have to be able to consider the idea that their beliefs might be wrong. I would call that: Optimism Bias :P

    --
    We'll make great pets
  108. Re: Slashdot readers should sure hope so by zifn4b · · Score: 2

    "The real tragedy of the poor is the poverty of their aspirations." - Adam Smith

    While I think that is true to some extent, it ignores the larger picture. Adam Smith tried to make this free enterprise system appear to be a noble crusade. Let's be frank, it's not. It arose out of necessity. We live and have always lived with scarcity. Resource scarcity and now in modern times, economic scarcity. The system we have today's sole purpose it to manage scarcity. It is not noble, it's just a necessity based on circumstance. Having said that, it's the best thing we've conceived to date to deal with the problem but we should be attempting to move to a system in which this is either highly mitigated or completely unnecessary. While the left and the right continue to spout quotes like this essentially demonizing each other, we are making ZERO progress towards the goal we ought to be collectively pursuing. That is the real TRAGEDY.

    --
    We'll make great pets
  109. Re:Slashdot readers should sure hope so by MikeMo · · Score: 1

    I’m sorry, this just isn’t true. Companies may work against society as a side effect of doing what is best for the company, but they do not “actively work against society”. They do not have the destruction of society as a business plan. They have making money as a business plan.

    Did you ever notice that movies are actually fiction, that they don’t really reflect reality all that well?

  110. Satire is protected speech. Period. by Anonymous Coward · · Score: 0

    Satire is protected speech. Period. Satire is a core method to share politically sensitive speech.

    There are already laws against lies as speech/text/advertising. Free speech is protected. Freedom from repercussions of that speech is NOT protected.

    In a few (many?) countries, TV ads have a banner across the top of the screen saying they are advertisements, least someone confuse them for facts.

  111. Re:Slashdot readers should sure hope so by peragrin · · Score: 2

    If a company can make more money by poisoning the local water table that it's own employees drink from. Then that is exactly what it will do.

    History shows that to be true 100% of the time. Only by introducing regulations and laws to make it more expensive to be dirty rather than clean have companies started doing the right thing. If you need proof of what the do a does had how it affects you that is it. Take a look at any picture of the major us cities in the 1970s vs today. Look at the sky. That foggy scene is air pollution and 40 yards of do a forcing companies to clean up their act has had dramatic improvements to air quality. Let alone water and soil.

    100% of companies do not plan to fully clean up after they close down. Not even nuclear power plants whi cu do not have any where near the funds to safely shut down the reactors

    --
    i thought once I was found, but it was only a dream.
  112. Buyer Beware by Anonymous Coward · · Score: 0

    Stop regulatiing everything.

  113. Enforcement and Punishment by geekmux · · Score: 1

    Want to know what happens when you have or create laws without enforcement or punishment?

    A perfect example would be the actions not taken to control, prohibit, or regulate Greed N. Corruption from causing another economic disaster driven by the Banking Industrial Complex. There's nothing to prevent 2008 from happening again.

    More laws are fucking worthless without enforcement and punishment. If you don't want to do that, then don't fucking bother wasting time drafting and passing laws and regulations.

    1. Re:Enforcement and Punishment by david_thornley · · Score: 1

      What laws were being violated and not being enforced? Much of the 2008 collapse was because laws that would at least have slowed it down had been repealed.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  114. Common misconception by Anonymous Coward · · Score: 0

    The tired old "yelling fire in a theater" has nothing to do with freedom of speech, and everything to do with deliberately putting others in danger, which is obviously unethical whether it comes out of your mouth or otherwise. Using this as a justification to set a precedent against freedom of speech is pretty fucking low.

    1. Re:Common misconception by Anonymous Coward · · Score: 0

      Using this as a justification to set a precedent against freedom of speech is pretty fucking low.

      Is it ? One could argue that promoting right-wing extremist nazi views, or jihadist islamic views, is also "deliberately putting others in danger", and he would have numerous historical facts and evidence on his side. One could therefore feel not only totally justified, but even morally obligated, to try to suppress such speech, and even criminalize it.

      See how things are rarely as simple as you would like them to be ?

    2. Re:Common misconception by Anonymous Coward · · Score: 0

      It's not the speech that needs to be suppressed, it's the act of endangering others, whether you do it by yelling "fire" or by setting off the alarm. They are exactly the same thing -- a deliberate act of putting others in danger. The fact that one of them involves speech is utterly irrelevant, and the only reason to keep focusing on that is if one has an agenda to dismantle the first amendment.

    3. Re:Common misconception by Cacadril · · Score: 1
      We are discussing if some speech may be restricted in spite of the general protections of speech.

      The case of yelling fire in a crowded theater is an example, showing that there are other principles that may override the protections of free speech.

      Consumer protection laws agains misleading advertisements are another example, quite relevant to the OP.

      Laws against incitement to crime, and laws agains sedition, are other examples.

      So, the freedom of speech is not absolute, and will likely never be. The issue then, is how to draw the line.

      --
      There is no substitute for common sense. Especially, no body of rules will do.
    4. Re:Common misconception by Anonymous Coward · · Score: 0

      Do you view a law against a person's ability to arbitrarily pull the fire alarm an example of "overriding freedom"? How about a law prohibiting assult -- is that merely another "override" of that person's "freedom" to hurt another person? How about a law against harrassment -- is that merely an "override" of your "freedom" to mentally hurt another person?

      Freedom is most certainly absolute, but what you're missing is that freedom requires that everybody respect the equal freedom of others -- otherwise it's not freedom at all. Thus, laws that prohibit you from violating others' rights, whether you do it with your mouth, fist, or brain.

  115. Re:Slashdot readers should sure hope so by Gonoff · · Score: 1

    what about tesla?

    Electric chair.

    No. it was "invented" by Thomas Edison as part of his efforts to stop the spread of AC.

    --
    I'll see your Constitution and raise you a Queen.
  116. Commercial speech is not protected. by Nikkos · · Score: 1

    Commercial speech is not protected. That can be redefined so that 'commercial' includes clickbait, fake news, and the like.

    The problem is definition and enforcement. All news outlets are commercial these days save for maybe NPR/Public Television. CNN published some whoppers last election cycle that were not true, how do you punish them? Fines when articles are proven untrue? OK, but how untrue is untrue? What if they got one small bit of a larger true story wrong? How sensationalistic can headlines be before running afoul? Do 'satire' sites like Onion or HardTimes get a pass?

    Once 'defined' then how do you enforce it? Is it criminal or civil? Do we now enlist an army of 'truth police?'

    It's a thorny issue...

  117. National news by MikeMo · · Score: 1

    Here’s one for ya: is deliberately misleading people on national news free speech?

  118. The FDA actually permits false deceptive products by strstr · · Score: 1

    The FDA is not in the game is regulating if only safe and effective products can be on the market. Look at psych drugs for example. The companies market the drugs in a very similar fashion as the TC has seen products not FDA approved marketed. What I have noticed about the medical industry is it's all snake oils and magic bullets, for profit. When I was a child they showed videos in elementary school on this issue, highlighting medicine in the 1800s, which consistent of people marketing hocus pocus. Alleged doctors would go around looking for "sick" people to cure, they might only dose the person with some morphine or other deadly chemical cocktail, the previously bedridden individual would then be shown as up and walking and the doctor proclaimed he was "cured." Then days later, the kid drops dead, highlighting the snake oil/magic bullet industry. Other techniques included performing surgeries that actually seriously harmed the individual, leaving them in veggie state and whatnot, ie cutting nerves or brain up (lobotomy). The individual would be a walking zombie of their performer self, proclaimed as cured, then deaths often ensued. Removal of organs and other abuses also occurred.

    Today the industry funnily operates the exact same way. Companies look for chemicals or surgeries they can market as cures, and they train themselves to perform those "treatments" but in reality, most of the treatments don't work and aren't treatment. A handful are, such as bacterial killing agents, fungus killing agents, virus killing agents, but others such as "heart burn treatments" do more harm than good. Pain relief are prescribed to people who have only minor pain and don't need any chemical for it. A person might have a surgery to remove an organ or tissue that was healthy, to treat a specific problem, which then leads to other disabilities and malfunctions because the person actually really needed that organ or tissue even if there was some underlining disorder the doctor had attributed to the organ or tissue. I read a dreaded case of this happening to a women in UK recently.

    Back to the case of psych drugs - the largest snake oil/magic bullet farce industry around with purely fictional marketing for every drug on the market, they market the drugs as treating schizophrenia/anxiety/bipolar/depression, however the industries own studies prove the drugs don't even begin to treat these issues, kill over 500,000+ elderly annually, reduce 25 years average from the persons life, kill 1 in 2 to 1 in 3, reduce recovery rates from 80% for none drug users to 5% to drug users, induce 75,000 heart attacks annually and prevent survival during those attacks, cause 15 times more suicide than reported by the industry, cause severe brain damage/vein swelling/scar tissue build up in the brain/fluid build up in the brain/etc, induce violence and suicides, are nothing but petroleum byproducts being spun as treatments, etc. The studies going back decades prove that alternative none drug based treatments work better, such as psychotherapy, or even giving the person money to procure housing and other basic needs. Doctors in the mental health field typically diagnose mental illness falsely, when in reality the person is suffering from other issues like poverty and political matters that have caused them

  119. Caveat emptor by Baleet · · Score: 1

    Is deliberately misleading people on the internet free speech? Just because something happens on the internet does not make it a new phenomenon. It's still advertising, just like that in everything from billboards to bus benches, glossy magazines to the newspaper classified ads. Learn not to be a sucker. How do you learn not to be a sucker? Either by being one or watching someone else be one. Hopefully you won't stay one.

  120. You want a Ministry of truth by Karmashock · · Score: 0

    You can already nail people for lying about things. All you have to do is prove in a court of law that they knowingly lied about something and those lies led to material damages to other people.

    If you can't prove that, then you literally have no case.

    Either because you can't prove someone knew they were lying.

    Or because whatever they were lying about didn't actually matter because you can't show that the lies lead to any kind of actual damages in the "material universe".. aka... nothing fucking happened.

    But sure... we'll just remove the freedom of speech even though you can't prove someone is lying and/or can't show that there were any damaging effects.

    This is a call for tyranny. Here some complete fuckwit is going to say something along the lines of "but I saw something I disagreed with on the internet!"... I disagree with you... so can I silence you? I wouldn't because I believe in freedom, but apparently some people think they're entitled to act like thugs.

    Listen children, this goes where you think you want it and its as likely to end with you getting dropped out of helicopters as it is me getting muzzled.

    Kindly act like civil citizens and argue out your position in the market place of ideas like everyone else. If you can't compete... consider that you might just be wrong, have bad ideas, or be too socially inept to make a coherent argument. Which ever way it goes... if you fail there, then politics isn't your game. Here you might think "then I have to get violent"... Please help me rid my society of people like you by going violent. I'm tired of listening to this totalitarian fan fiction.

    If you want to live in a tyrannical society then move to one. Why do you idiots have to fuck up every society that is half way decent? We have a first amendment.

    If you want to change it, then you're going to need a 75 percent majority vote to change the constitution. It isn't going to happen.

    Get over it.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  121. Re:Slashdot readers should sure hope so by MangoCats · · Score: 1

    Not just in taxes and politics, marketing is at its core influencing, and influencing is deception. If influencing were not deception, it would be the fair and balanced presentation of all known facts, backed up by diligent and unbiased thorough research. While much marketing takes on the appearance of a fair and balanced presentation of all known facts, the fact is: those "facts" and their presentation are biased to the benefit of the employer, if they're not, the marketers are not doing their job (serving the share holders) to the best of their ability. Marketers are retained based on performance, and the marketers who perform the best are the ones who influence customers to the benefit of the company.

    Free market + free speech = freedom to deceive.

  122. Easy answer by Chrisq · · Score: 1

    Is Deliberately Misleading People On the Internet Free Speech?

    Yes .... but I might be misleading you

  123. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    *deception

  124. Re:There is a difference between speech and a cont by Anonymous Coward · · Score: 0

    You mean I can put hot sauce in my eyes when I'm reading Slashdot and I'll see punctuation where I see gibberish? Shut up and take my money!

    It's a cure for the gibberish you were seeing. You won't see it any more. No express promise of editorial improvement was made. Try my new product! It's a miracle cure for Cancer! No one who takes 1 gram a day for two weeks straight has ever died from cancer.

    Note, there may be a spike in cyanide related deaths, at about whatever rate the LD for 1,000mg/day of cyanide is.

  125. Free speech doesn't exist by XSportSeeker · · Score: 1

    People like to wax poetic about free speech and freedom of speech, but most people don't understand it nor have ever researched what it is, and how it differs from anarchy and chaos.

    First of all, there is no free speech in private spaces. Whenever you are using a social media service, blog commenting system, internet forum, webpage hosted by a provider, among several other spaces on the Internet your speech is limited to what has been stipulated on terms of services, policies and other contracts that you agreed to when you opened an account.
    It's always been this way, and this won't change. If you think you have some right to free speech in some service you are using on the Internet, you are wrong.

    The concept of Freedom of Speech was created for, and applies strictly to public spaces. It was created to preserve the rights of people and journalists to criticize the government, period. It is in good standards for democratic societies in general, and private companies in these societies tries to follow the idea as close as possible, but it is not guaranteed.
    On the other hand, a whole metric ton of laws were made involving speech to bar everything from human rights violations to general prejudice, hatred, targeting, unjust enrichment, among others. In fact, most democratic countries in the world today have specific laws against racism, prejudice against minorities, symbols related to parties and ideologies with historial ties to hatred and prejudice, incitation to hatred, among others. US is kind of an outlier in this because there are grey areas in law, but a white supremacist in most countries would end up in jail depending on their public attitude.

    Particularly for ads and offers of products and services the law is already there. False advertising applies to miracle cures and diets. The problem is on monitoring and application of the law, as well as exploitation of loopholes in law.
    It is impossible to monitor and punish everyone that comes up with bullshit on the Internet, the solution for that is critical reasoning and a society that is better educated and better apt to detect bullshit and better select their sources. The problem here is not what is permissible in society as a whole, the problem is people who keeps promoting, reading content, and using sources that has blatantly lied in the past, continues spewing crap without any basis, build their discourse on bullshit, and keeps being supported by ignorant masses who cannot take minutes of their time to properly research what they are swallowing whole.

    We cannot expect every social network to monitor and classify everything their users put up on a daily basis. It's not humanly possible. I don't think people realize how many posts, videos and photos are uploaded every minute on these social networks... here's an approximation from 4 years ago:
    http://www.dailymail.co.uk/sci...

    We're talking about hundreds of thousands of posts every minute on Facebook. Close to 100 hours of video on YouTube. 300 blog posts on Wordpress alone. 500 new websites. Every minute of every single day.
    There are not enough people in the world to curate all this, so these companies need to use algorithms, which will never be perfect for the job. In fact, for them to be even close to good they'd need to be running on a computational level close to a human brain, which we are still far far faaaaar away from achieving.

    The rush against fake news, spam, neo nazis, hate speech, and all the stuff that has been sensationalized just recently has always been there on some level. It's the whole problem of having few news sources that can be heavily scrutinized and monitored versus everyone being a potential source of information.

    And all the stuff social network companies have been doing recently is all welcome, but it's also at most a stop gap solution. No matter how much

  126. I take issue with TFS by GameboyRMH · · Score: 1

    Long-time Slashdot reader apraetor counters, "But how do you determine what is 'true'?"

    Red flag! Post-truth nonsense! We have science and live in an objective reality.

    But are other things the equivalent of yelling "fire" in a crowded movie theatre?

    You mean completely legal speech?

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  127. Is lying to your face in real life "free speech"? by luis_a_espinal · · Score: 1

    Yes motherfuckers, it is. Same on the internet. It ain't pretty, but humanity never was. The results of freedom are not just a function of freedom, but the total sum of people exercising it. News at 11.

  128. Since 1969 you can yell fire by AgNO3 · · Score: 1

    Please stop referencing the it's illegal to yell fire in a crowded theater out of date BS. http://civil-liberties.yoexper..."fire"-in-a-crowded-theater-19421.html

    --
    OMG Ponies!!! with Glitter!!!! I miss Pink :-(
  129. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 3, Insightful

    Hmm, TATA Group, TCS is TATA Groups main moneymaker. And they make money by exploiting Indian IT worker and the H1B system.

    Very charitable ...

  130. Re:Slashdot readers should sure hope so by Antique+Geekmeister · · Score: 1

    I believe you failed to mention the theft of intellectual property when Microsoft hired David Cutler and his VMS team to write critical parts of Windows NT. That theft was part of the downfall of DEC. It was coupled with the wholesale theft of their hardware designs to create the Pentium chip.

  131. Jesus yes. by Anonymous Coward · · Score: 0

    The solution here is not to have government censorship of this garbage but have a populous educated enough to know it's bullshit. These types of ads should only work on such a small segment of the population that they are not profitable.

    Same thing with propaganda that's not being filtered by news aggregation sites like facebook and google, the solution is not to try and police it but teach people to recognize it.

  132. Amazon reviews mostly work (Re: truth in advertisi by Anonymous Coward · · Score: 0

    I've found whenever the count of reviews gets into the 100's, it's a good bet that the product has had lots of eyes and hands on it. The Amazon system us far better than almost any store, save a (fictional) store owner who both moves tons of product and is completely open and honest.

    So with that review system, the truth in advertising doesn't really matter. The crowd will vote.

    If you're dumb enough to buy from an internet ad, shame in you.

  133. Yelling fire is protected by Anonymous Coward · · Score: 0

    People need to stop using the "yell fire in a theatre" as some sort of delimiter of the first amendment. It is not part of any law and merely a comment made in a case by Holmes, a justice that later stated he was wrong and it is still protected speech. That said, these ads are fraud and illegal for that reason.

  134. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    They generate jobs and employment, as well as put out products that are useful. Think about running a business without Excel for spreadsheet work, or Word for documents? Without Microsoft, we would be still using pencils and doing double-entry bookkeeping on ledgers.

  135. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    In the past, this was rectified by revoking corporate charters.

    http://www.corpwatch.org/article.php?id=1810

  136. scamming is not free speech by Anonymous Coward · · Score: 0

    If scamming were free speech, then every single law against fraud is unconstitutional.

    The irony is that the post itself sounds like advocating scamming.

  137. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 1

    Wrong. Without Microsoft we would have some other software to do those things. We might even have multiples, like in the 90s, with people complaining about multiple formats, etc. Inefficient? Relatively maybe. Though it was better for employment. Actual competition always is.

  138. Critical thinking by Anonymous Coward · · Score: 0

    I just look up anything that is new information presented to me and try to find corroboration and objective proof. If I can't find that, I just mark it as untrustworthy by default.

  139. This isn't a free speech issue. by Anonymous Coward · · Score: 0

    The way this is framed, this is a false advertising issue. And on top of it, it's also a drug/food/supplement issue, which falls under the FDA (in the USA). Zero to do with free speech.

    It would have been a much more interesting conversation to look at if it were about political speech and the way politicians blatantly spread misinformation and known bullshit in an attempt to either sway public opinion, or drum up emotional response among their base. Is that actually free speech, or is there a point where public lies outside of the world of fiction (which admittedly our politicians tread into on a near daily basis) should be shut-down and perhaps cause actual legal problems for the liar?

    THAT would be a real conversation. This is just someone whining that most people are too stupid to see through blatant false advertising.

  140. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 1

    The interests of society and most people, are not equivalent to the goals of most companies. Especially Tech companies.

    There interest often our, to
    a) make money
    b) increase market share
    c) appease stock-holders

    If there's any aspect of the interests of society, or most people, it is often a requirement born from regulation.
    I won't deny, tech companies often do try and 'guide' technology so as to benefit society and themselves, but I'm not kidding myself that ANY of them have societies best interests moving forward, with regard to any specific topic of tech.

    As someone who is pro-Capitalism, and recognize that America does NOT invest fully in Capitalist behavior, there is quite a bit of irony stating there is any sort of altruism going on, when it comes to Tech companies in the US.

    What you're referring to, in that specific regard, is VERY GOOD marketing!
    The question is, do you recognize it as that? It would appear not.

  141. Re:Slashdot readers should sure hope so by fibonacci8 · · Score: 1

    what about tesla?

    Electric chair.

    No. it was "invented" by Thomas Edison as part of his efforts to stop the spread of AC.

    A harsh but fair way of dealing with Anonymous Cowards.

    --
    Inheritance is the sincerest form of nepotism.
  142. Re:Slashdot readers should sure hope so by Merk42 · · Score: 1

    If Microsoft software was high quality, bug-free, security-hole-free...

    Please cite any software more complicated than "hello world" that meets those criteria.
    Also, why doesn't literally every other software maker have to meet those requirements.

  143. Re:Slashdot readers should sure hope so by MikeMo · · Score: 1

    I'm sorry, but you're just making this up based on your beliefs. You feel these statements must be true, so they are to you.

    As for your "proof" being hazy skies, let me tell you, they're waay better than they were back in the 50's and 60's. I remember driving around L.A. as a kid with my eyes burning and tears running down my face because of the smog. Sure, there's still smog, but it's nothing like then - proving your "proof" to be wrong.

  144. Yes by Anonymous Coward · · Score: 0

    That is it really.

  145. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    It's called the Free Enterprise system.

    The problem with the" Free Enterprise system" is that almost all of its proponents/defenders are working hard to prevent competition. Free Enterprise has come to mean monopolistic/duopolistic abuses, often achieved by governmental license such as in telecommunications. Yes, I'm all for true Free Enterprise, I'd like to see it in the US. But unchecked, unregulated, predatory capitalism has nothing to do with real Free Enterprise.

  146. "last I checked" by Anonymous Coward · · Score: 0

    You didn't check very hard or at all.

    Deception is not fraud. Fraud may involve deception, but not all kinds of deception is fraud. Your post consist of a deception - you are misleading people with the statements you made. It is however not fraud, and is still free speech.

  147. Re:Slashdot readers should sure hope so by jedidiah · · Score: 2

    He might be but I'm not. I have first hand experience with a corporation that chose to pollute and take the fine rather than do the right thing. It was cheaper for them to just pay the fine.

    What can you really expect. We haven't held corporations to civilized standards for DECADES. We expect and encourage them to SCREW EVERYONE except the almighty stockholder. This isn't just a matter of shareholder lawsuits, it's a prevailing cultural expectation.

    THAT ship sailed a long time ago and it shows no sign of coming back into port.

    These days you pretty much have to threaten a lawsuit just to get them to do what they promised or what they're expected to do by law.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  148. Used DEFLECTION. It's not very effective. by Anonymous Coward · · Score: 0

    Used DEFLECTION. It's not very effective.

  149. Re:Slashdot readers should sure hope so by jedidiah · · Score: 2

    Plenty of businesses have ditched Microsoft's particular brand of spreadsheet and word processor. There is nothing special about either. Microsoft didn't invent either one or even make a terribly good one.

    The idea that you "need" their brand of a 30 year old solved problem is support for the basic destructiveness of the modern corporation.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  150. Re: Slashdot readers should sure hope so by jedidiah · · Score: 1

    Yeah, it sounds nice but it's like rainbow unicorn ponies. It's a myth. The problem with capitalism is humanity. You can't impose some sort of alternative "monopoly" without having all of the problems the "evils of capitalism".

    If anything, things will be worse due to the failures of centralization, the inability of all systems to scale, and the vulnerability of human systems to corruption.

    Capitalism suffers when it gets too centralized. None of the proposed alternatives avoid this. They typically embrace it instead.

    "I burned my hand on the stove. Why don't I set the rest of myself on fire."

    --
    A Pirate and a Puritan look the same on a balance sheet.
  151. Re:Slashdot readers should sure hope so by CAOgdin · · Score: 1

    As CEO of Facebook has said (I paraphrase): "It's income; why should I bother vetting is as to source or truthfulness???"

  152. Re: Slashdot readers should sure hope so by dougdonovan · · Score: 1

    etalentnetwork.com they are good at misleading.

  153. Re:Slashdot readers should sure hope so by CAOgdin · · Score: 1

    Whenever income can be increased irrespective of the harm done to the customer, Capitalism shows its' darkest side. We need Federal agencies like CFPB and FDA (among others) to have even stronger rules and enforcement powers...which will never happen so long as those businesses consider their income more important than citizens' and customers' needs and satisfaction. (Yea, I'm lookin' at YOU, Wells Fargo, and the NRA.),

  154. Re:Slashdot readers should sure hope so by CAOgdin · · Score: 1

    AC, indeed; only a Coward would respond with such an idiotic idiom

    To scared to own your own pathetic attempt at humor?

  155. Free Speech Definition by Coffeesloth · · Score: 1

    I've read through some of the comments (but not all) and this may have been covered somewhere else. I think in order to discuss the concept of free speech it would be helpful to understand the official definition from the courts. So I found this, http://www.uscourts.gov/about-....
    tl;dnr
    Free speech does not mean you get to say anything you want without consequences. It also doesn't mean you can't get fired for speaking freely. What it does mean is "Congress shall make no law...abridging freedom of speech". If a company makes false claims then you as the consumer have the right to sue them. If they claim medical benefits that are unsubstantiated they must declare them noticeably. For example if you buy an herbal supplement from the store it usually says something to the effect of "not validated by the FDA". If they don't say that then they must be held accountable. The same thing goes for politicians, they must be held accountable.

  156. I'd say no... by Anonymous Coward · · Score: 0

    I'd call it lying, not free speech, and say they should shut down. Simple as that.

  157. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    I believe you failed to mention the theft of intellectual property when Microsoft hired David Cutler and his VMS team to write critical parts of Windows NT. That theft was part of the downfall of DEC. It was coupled with the wholesale theft of their hardware designs to create the Pentium chip.

    IIRC, DEC sidelined David Cutler's project and were planning to close his West Coast R&D office. Under those circumstances, DEC shot themselves in the foot by being unable to retain top talent.

    Source: Showstopper!: The Breakneck Race to Create Windows NT and the Next Generation at Microsoft

  158. In the US, "No" ... by CaptainDork · · Score: 1

    ... because freedom of speech is that you get to say something and the federal government can't arrest you.

    Perhaps a better headline would be: "Ask Slashdot: Is Deliberately Misleading People On the Internet Deceptive Practice?

    --
    It little behooves the best of us to comment on the rest of us.
  159. trollolololols by Anonymous Coward · · Score: 0

    4chan shall be mandatory for a period not less than 3yrs such that gullibility is no longer an internet issue

  160. Caveat emptor... by The+Last+Gunslinger · · Score: 1

    Am I the only one who remembers this?

  161. Re:Slashdot readers should sure hope so by PIBM · · Score: 1

    Religious leaders sure hope that it won't change, else it would be illegal to promote any religion (how can any religion be right, if they are all distincts?). And then, if it's not legal on the internet, why should it be anywhere else ?

  162. Re:Slashdot readers should sure hope so by zifn4b · · Score: 1

    The problem with the" Free Enterprise system" is that almost all of its proponents/defenders are working hard to prevent competition. Free Enterprise has come to mean monopolistic/duopolistic abuses, often achieved by governmental license such as in telecommunications. Yes, I'm all for true Free Enterprise, I'd like to see it in the US. But unchecked, unregulated, predatory capitalism has nothing to do with real Free Enterprise.

    Just because the "Free Enterprise system" isn't as free as you'd prefer doesn't mean that wasn't the intention. And like I said, it is quite flawed. Even Milton Friedman admitted that. But it's better than any other system in history in terms of results even reducing poverty. That's a fact. If you want to dispute this claim, by all means provide the evidence. If you don't like it, you build a better system. If it were THAT easy to arrive at utopia, don't you think we'd already be there? We're iterating. You are part of human progress. It is a torch that is passed from generation to generation. To think that the world was supposed to be your oyster is quite naive. We all learn this eventually.

    --
    We'll make great pets
  163. Re:Your site is very good by Opportunist · · Score: 1

    It's just someone who wants to check whether his DDoS protection is working.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  164. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    One important distinction here is that commercial speech is different legally than non-commercial speech.

    Stating your incorrect opinions about Microsoft (as long as it isn't falling into libel) is generally non-commercial speech, so you're free to express those opinions. By contrast, being deceptive about what a product you're selling is commercial speech and isn't going to be subject to the same protections.

    I don't think you'd find many people who think commercial fraud is protected speech.

  165. So, what? We discuss a law against clickbait? by karlandtanya · · Score: 1

    tl/dr:
    We've had since September to come up with one and still ain't figured it out. So, let's start with you.

    ----------------------

    There oughta be a law against clickbait? Which is legally defined as...?
    OK, so what does that get you? Let's say it (clickbait) is "distracting and not true". Let's assume we can legally define those things. That means that government (at least the one where I live) now can make a law "...abridging..." it. Completely absurd assumptions, but that's the 'discussion' you asked for, so fine, then--what if there was a law?

    How 'bout we start with agents provocateur that drag up an endlessly discussed topic without adding *anything new* and invite the community to "leave your best thoughts". It does run up the numbers. So your plan goes like this, does it? "Let's threaten our readership--who let's face it--tends to think of ourselves as intellectually independent with an authority that will tell them what they can read. Push their buttons; watch them feed the ratings."

    So, yeah--if you think there oughta be a law, let's start with you. Delete your clickbait topic. It ain't news, it ain't for nerds, and it doesn't matter.

    I also don't like clickbait, but I'm feeding the troll here--even by calling him out as a troll.
    My decision certainly looks stupid or hypocritical at least one other person. It may look stupid to someone else called me-1-day-from-now.

    But...it is *my* decision.

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
  166. Is it in real life?? by Anonymous Coward · · Score: 0

    For hundreds of years now politicians and regular people have been doing the same... why is it any different online? Simply because a wider audience can see it? Isn't that the point? Historically one would need to travel around to spread their lies... now they can do it from a chair.. is it more dangerous? did they ask this question when they went from traveling by covered wagon to the steam engine train, automobile, or airplane???

  167. Anonymous free speach predates the US. In fact, th by Anonymous Coward · · Score: 0

    Among others, Thomas Paine published work(s) anonymously. Precisely to avoid the consequences of his presumably very illegal speech.

    https://en.m.wikipedia.org/wiki/Common_Sense_(pamphlet)

  168. Re:There is a difference between speech and a cont by omnichad · · Score: 1

    And the point here is that sometimes it's not the seller that's making the claims. They use all sorts of subterfuge and hire people to make fake blogs talking about how great it is. Thus they can claim they never advertised it fraudulently. If you can't trace the money trail back to the company, then the "blogger" should be liable. Of course they would be free to turn on the company that hired them - which would be better justice than going after the writer.

  169. Re: Slashdot readers should sure hope so by ArmoredDragon · · Score: 1

    Not companies.... Everybody does, and without exception, there isn't a person who won't.

  170. What a weird question! (Answer is obviously No.) by Anonymous Coward · · Score: 0

    is peddling this stuff online really "free speech"?

    No!

    Doing things like defrauding people out of their money, or publishing a pamphlet explaining why America should declare independence from Britain, having a rally at the National Mall to demand equal rights, writing your Congressperson to say that you want them to vote against an evil bill, or praying to Juiblex -- all these things are just speech.

    Free speech is all about having the ability to do these things, without the government using force to stop you. Free speech isn't about who is speaking or what they're saying; Free speech is about how society organizes to suppress (or abstain from suppressing) someone else's speech.

    As it happens, Americans tend to prefer (or at least say they prefer) for speech to be free, but we do make exceptions. In my previous list, the fraud example would be one where Americans are generally in favor of preventing speech from being "too free."

  171. Re:Slashdot readers should sure hope so by Raistlin77 · · Score: 1

    These days you pretty much have to threaten a lawsuit just to get them to do what they promised or what they're expected to do by law.

    And even when you do, good luck with that.

  172. Re:The FDA actually permits false deceptive produc by omnichad · · Score: 1

    To say nothing of the "reputable" medical journals you linked to, I'll just say that most modern chemical products are "petroleum byproducts" simply petroleum refinement provides convenient building blocks in great abundance.

  173. Bad Information Overload by Arzaboa · · Score: 1

    Either we regulate it, or we are doomed to repeat history.

    Most people expect to read real information without many distractions and without critically thinking about it. 10 years ago, when the Washington Post had a story, people took it as the gospel. They were held to very high standards by the government. The 'click-bait-ad-revenue' + the internet, changed everything. Tabloid papers were just that, tabloids. People knew when they read them to take everything with a grain of salt, knew it was gossipy crap, and kept it there. The majority of people (95%) didn't believe purple aliens were living inside people.

    Today, all of this is mixed. People don't have time to separate it all, and people are getting taken for a ride non-stop. There is so much fiction, and questioning of reality, that most folks are ingesting 50% tabloid news.

    This is clearly not good for us as a society. We do not need to drag ourselves through the same exercises we have done over and over since the beginning of writing. We know the outcome. War on every level.

    At a minimum we need vetted information, and those news sites need to be certifiable news cites with real news. The editors need to be held accountable, and so do the outlets. There needs to be oversight committees on this. Yes, this system will get abused, but that abuse will be much less than the abuse we are all subject to daily. Its tiring reading the internet anymore.

    1. Re:Bad Information Overload by david_thornley · · Score: 1

      The Washington Post, and others, were not held to high journalistic standards by the government. It was never a certifiable news source. It was a newspaper put out by people who, if nothing else, saw that a good reputation for journalism would help sell papers and deliver ads to readers.

      What the Internet did was give us the ability to read articles in hundreds of newspapers without paying the newspapers anything or displaying their ads. This meant that there was far less money in journalism, which eroded standards and cut into the ability of journalists to dig deep on things.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  174. Re: Slashdot readers should sure hope so by sound+vision · · Score: 1

    So what exactly are you proposing? I haven't seen anyone on this thread advocate anything other than applying regulations where needed. As best I can tell, your post is in reply to a figure of straw who advocated for Soviet-style Communism.

    If the powers that be can make you think the only two options are communism and anarcho-capitalism, that works out very well for them. I did see you advocate for regulation elsewhere in this thread, but why did you first feel the need to write the Capitalist Manifesto at the mere mention of corporate irresponsibility? I'm sensing a touch of cognitive dissonance bubbling up under that ideological inflexibility.

  175. The 1st Amendment by Anonymous Coward · · Score: 0

    Says that Congress shall make no law abridging the freedom of speech. It does not say "except when we disagree with the speaker"

  176. Money vs none by mcrbids · · Score: 1

    I don't believe that all speech is equal. In particular, any form of paid speech is, by definition, subject to forces that extend well beyond the focus, intent, and nature of the speech itself.

    Personally, I don't believe that freedom of speech protections should apply to any form of advertisement or paid political announcements. Any entity endorsed or sponsored by any other entity should not, IMHO, be under freedom of speech protections regards any speech involving the sponsor or original source of funding.

    I work for Hapco. Therefore, any speech I make regards Hapco should be subject to reduced protections, IMHO.

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  177. Re:Slashdot readers should sure hope so by Falconnan · · Score: 1

    Careful. Real facts can be interpreted many different ways. However, while free enterprise certainly has resulted in economic growth, it is difficult to know if it was simply "better" than other potential options. Consider that Adam Smith, author of The Wealth of Nations stated that any capitalist system would need regulation or it would spin wildly out of control. We allow corporations to shield investors from liability on the principle that this encourages economic growth. We allow the concept of the corporation to promote the general welfare of society. If you're going to wade into a debate about corporations, let's make sure we're honest about the debate.

  178. Yell fire in a theater... by omibus · · Score: 1

    and get thrown in jail.

    Satire is free speech. But if reputable news groups fabricate information, that should be punishable. News groups can destroy lives with false reporting.

    --
    Bad User. No biscuit!
    1. Re:Yell fire in a theater... by Anonymous Coward · · Score: 0

      The key word there is "reputable." Who decides that?

      What if I start a crowdfund to help Bat Boy get plastic surgery, because I believed the Weekly World News was reputable?

    2. Re:Yell fire in a theater... by Lodragandraoidh · · Score: 1

      I don't think it has to be 'reputable' sources - any sources should be held to account for what they say. If anyone fabricates information that impacts anyone negatively, then the punishment should fit the size of the impact of the crime. You swindle 1 person out of $100 - small claims court. If you manipulate millions of people and impact the fabric of the nation negatively - perhaps with people dieing as a result - then death for the perpetrator might not be too high a price to pay.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
  179. A sucker is born every minute by Anonymous Coward · · Score: 0

    If people are so stupid as to give money to someone advertising a cancer cure, much less 'anti-aging' creams on the Internet then they deserve everything they get. It is not societies job to save stupid people from themselves. Hell, with respect to 'anti-aging creams', there's a whole market of products marketed at women advertised to make them 'look & feel younger'. The latter may have better marketing teams such that they don't necessarily say they are 'anti-aging' creams but seriously...who are they trying to kid really?

    Exercise equipment that costs thousands of dollars will make you supposedly 'ripped/toned/best looking person since Angelina Jolie' in 'only 15 minute daily workouts'...ok, maybe they don't say they'll make you the best looking person since Angelina Jolie, but they advertise using already extremely well toned & healthy individuals as if YOU will get those results too.

    Everyone wants 'quick fixes', until something is scientifically proven to provide such things, its all just a marketing game to steal your dollars, if you fall for it, that's YOUR fault.

  180. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Luckily socialists, communist etc countries would never hurt their populations. Such perfect places!.

  181. Re:Slashdot readers should sure hope so by HiThere · · Score: 1

    What do you propose as a better solution?
    It would be nice if we could impose a rule saying "no remuneration for moderation", but that would require quite intrusive collection of information. I can't think of any other improvement that doesn't horrendously complicate things. If that weren't a problem, then I'd like each tag to be a score in a separate dimension, and for people to be able to select for things like:
    order by funny * 5 + interest *4 + insightful * 9 - disagree * 1 AND omit if troll > 3 or flamebait > 1

    The thing is, while that might be better, in some ways, it would be a lot more complex, and not necessarily any more likely to yield true results.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  182. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Oh, how do you "fix" culture? What's your definition? Hope it aligns with mine so we can hang.

  183. Re:Slashdot readers should sure hope so by MikeMo · · Score: 1

    I’m sure this is true, and I’m sure it’s not an isolated case. However, that is a long way from “every corporation is actively working against the interests of society”.

  184. What is "free speech"? by SoftwareArtist · · Score: 1

    There's no standard definition of "free speech". Morally speaking, it means whatever you want it to. Everyone gets to claim they're exercising free speech, and everyone else gets to disagree with them, and no one is right. But legally speaking, laws and courts in different countries have defined it different ways, and those definitions almost never come down to, "the right to say anything you want, in any context, without restriction." It's not that yelling fire in a crowded theater is a form of free speech we restrict. It simply is not an exercise of free speech. Freedom of speech does not include the right to harm people by saying things you know are false. When the government punishes you for doing it, they aren't limiting your freedom of speech in any way. They're punishing you for doing something that (according to the law) is not free speech.

    Here's how Webster defines freedom of speech: "the legal right to express one's opinions freely". dictionary.com calls it: "the right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence or rebellion, etc." According to Wikipedia it means: "the right to articulate one's opinions and ideas without fear of government retaliation or censorship, or societal sanction." Notice what all of those have in common. Freedom of speech is the right to express your opinions (and ideas and beliefs). If you honestly believe something, you have the right to say it (though we sometimes might restrict that right if it conflicts with other rights). But if you don't believe something and you intentionally lie to hurt someone or con them out of their money, that's not free speech.

    --
    "I'm too busy to research this and form an educated opinion, but I do have time to tell everyone my uninformed opinion."
  185. Hmm... by Anonymous Coward · · Score: 0

    Imagine a future where lying is illegal and denying that 6 million Jews were holocausted is also illegal. Artificial intelligence is doomed.

  186. If it's too good to be true, it's too good to be t by Lodragandraoidh · · Score: 1

    Here is a little heuristic to use when looking at claims online (regardless of content):

    If it's too good to be true, assume that it is not true.

    Be skeptical about anything important to you - but more importantly seek out the truth for those things that you care about. And I'm talking about objective scientific truth - not what your cousin down the street told you, because he has a friend of a friend who works in the top secret facility where they are making the Soylent Green....

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  187. Re:Slashdot readers should sure hope so by Shotgun · · Score: 1

    That city haze didn't come from corporation polluting. It came from cars...driven by everyday citizens. Stop blaming companies for things they have no over.

    --
    Aah, change is good. -- Rafiki
    Yeah, but it ain't easy. -- Simba
  188. Classic push poll by Jerry · · Score: 1

    Condition the reader by presenting them with a biased into to the poll, then expect the kind of answers you were polling for.

    Done all the time. The most recent outstanding example were the polls predicting that Hillary had 90% of the vote locked up.

    Speech is not free if someone else can tell you what you can and cannot say and back it up with the authority ot punish you for violating THEIR rules.
    "
    Amendment I

    Congress shall make no law respecting an (1) establishment of religion, or prohibiting the free exercise thereof; or (2) abridging the freedom of speech, or (3) of the press; or the right of the people (4) peaceably to assemble, and to (5) petition the government for a redress of grievances."

    Remember, the 1st Amendment enumerates FIVE freedoms. If free speech isn't free then neither are the other four.

    --

    Running with Linux for over 20 years!

  189. Easy by Anonymous Coward · · Score: 0

    More critical thinking is required, not less speech

  190. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Sandy Hook happened just how officials explained it. Honest to God truth.

  191. Re:Slashdot readers should sure hope so by Qzukk · · Score: 1

    We used to have additional modifiers to add/remove points based on the category, so people would do things like make Funny posts -5 points so they could skip the jokes.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  192. If It's A Lie? by hduff · · Score: 1

    If you know it's a lie, then it's not an exercise of free speech. For consumer issues, it's a crime. For personal issues, there's no law aganst being a dick, but hopefully people will see that for what it is and, as XKCD stated, "Showing [them] the door."

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  193. Advertisers are lying to you. by HeckRuler · · Score: 1

    Before anyone cries "free speech must always be free," let me qualify the question. Under a myriad of different internet sites and blogs are these click-through adverts that promise...

    Dude, ALL advertising is built upon the basis of misleading bullshit and a sack of lies built with the goal of separating you from your money. There is no need to add the little quantifier of "on the internet".

    Is deliberately misleading people Free Speech? Annoyingly yes. Because if the powers that be deem your speech to be "Not True"(tm) then they can silence whomever they wish. And THAT leads to sociological issues. The sort where it all burns down.

    The concept of "bu bu but people COULD DIE" isn't nearly convincing enough to override* sovereignty issues. People poison and kill themselves through ignorance all the time. That's not a reason to take away people's ability to participate in civic duties.

    *I wish I could use the term "trump" as a verb, but sadly the term has been... overridden.

    . . . And what is this comment-bait doing on slashdot?

  194. ????? What? This is slashdot, yes? by Anonymous Coward · · Score: 0

    Isn't that the perhaps of this website?

  195. Why wouldn't it be? by rnturn · · Score: 1

    The courts have, in the past, allowed Fox to lie like a rug over the airwaves.

    --
    CUR ALLOC 20195.....5804M
  196. Re:Slashdot readers should sure hope so by T.E.D. · · Score: 1

    And there's a moderation system here, theoretically designed to judge the quality of speech without actually restricting it

    They subverted the /. moderation system just fine during the election.

    As near as I can tell, they had hordes of new-ish user accounts that had just enough rep to randomly get access to the moderation system. The non-mod accounts posted pro-Putin (and incidentally Trump) propaganda (almost all from suspiciously high UIDs), and the mod accounts upvoted them and downvoted anybody saying anything else. The only way I knew our typical posters were talking about the Russians at all is from the upvoted posts from new users ridiculing the idea.

    The moderation system here I think works pretty good, when not attacked by state-level actors.

  197. Re:There is a difference between speech and a cont by guruevi · · Score: 1

    Complain to the /. editors about UTF-8 support. It's 2017, even Perl has had UTF-8 support for a few decades.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  198. Re:There is a difference between speech and a cont by guruevi · · Score: 1

    But pushing on your point, any blogger can say anything they want about any product. You can't have a company liable for third party speech, good or bad, it would be too easy to punish anyone you want simply by having a third party say good things and then suing them for false advertising. All you can do about that is educate better so that people can assess the veracity of a claim.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  199. Re:Slashdot readers should sure hope so by Mike+Van+Pelt · · Score: 1

    Depending on how meta-moderation is used, it could be a valuable check on abuse of community moderation. Already on slashdot, you don't get moderator points unless you've established sufficient "karma" for yourself somehow, and you don't have moderator points all the time. If "unfair moderation" votes aren't an automatic karma-killer, but are a flag for someone to look at how that individual is moderating, and maybe nuke their karma if they're moderating abusively, or at least set a "This person never gets to moderate" flag, that might help reduce the problem. (Modulo the ever-present "quis custodiet..." problem, of course. I suppose there's no way to avoid that entirely,.)

  200. Re:There is a difference between speech and a cont by omnichad · · Score: 1

    But we're specifically talking about cases where it's clear that someone who stands to gain paid for the third-party speech. This is no different than paying an ad agency to run a TV commercial for you. Whatever the ad agency produces and runs counts as your own advertising.

  201. Of course it's free speech! by reboot246 · · Score: 1

    People have been misleading other people since people have existed. Newspapers, radio, magazines, television have all mislead people (sometimes intentionally). And let's not even start with politicians and their lies. It's all free speech, even if a lot of it is bullshit or offensive. Just grow up already!!!!

    I gotta leave my computer now and order something I just saw on television - one of those "As Seen On TV" thingies. I bet it works just as advertised!!

  202. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Creimer shut the fuck up. These people don't like you. So that makes them trolls? You did this to yourself. Just because someone thinks you are a piece of shit because you lie, and lie all over threads, doesn't make them trolls. Get that threw your fat fucking head.

  203. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    ***See creimer bicyclist legs in the siblings video below and please pay attention to the Moon update***

    C.D. Reimer is a renowned Slashdot collaborator, as he puts it himself; "Because of the quality of my posts and my article submissions, I'm a highly rated commentator and moderator."

    But does anybody ever wondered what "C.D." stands for? Well, it stands for Creimy Dumpty of course!

    Creimy Dumpty sat on the wall,
    Creimy Dumpty had a great fall.
    All the king's horses
    And all the king's men
    Couldn't put Creimy Dumpty
    Together again.

    Creimy's siblings video and theme song, very realistic, especially the pants, just like Creimy's:
    https://www.youtube.com/watch?...

    With "Vice President Pence Vowing US Astronauts Will Return To the Moon", we are sure they will need miracle workers up there, here is what it would look like. Note that Creimy takes care of bringing a lot of food to the moon as depicted below:
    https://www.youtube.com/watch?...

    Creimy's real pictures:
    Before the sex change:
    https://ibb.co/cc7Ddw
    After the sex change:
    https://ibb.co/gVad65

    Creimy's "enterprise-level" chair, he talks about it all the time on slashdot:
    http://www.keynamics.com/image...

    Creimy's head, while his supervisor was talking to him, not with him, since it is impossible to do with Creimy:
    https://school.discoveryeducat...

    Creimy acting in educational resource document, he actually confirmed himself on Slashdot that he was handled by Special Education for the Santa Clara County Office of Education! He is really a king Dumpty!:
    http://www.sccoe.org/depts/stu...

  204. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Exactly! We, at Special Education for the Santa Clara County Office of Education, couldn't agree more with you!

    For the valuable /. users that might already have read the following, please note that there is an important update.

    IMPORTANT UPDATE:
    Special Education for the Santa Clara County Office of Education has invested money to buy Chris a new chair:
    http://www.keynamics.com/image...

    Information about Christopher Dale Reimer and autistic people:

    Autistic people have obsessions about things normal people don't care. For example, one of our autistic patient went haywire when he realized that there was a penny missing in his pocket change.

    To calm him down, one of our educator pretended to have found it on the floor and gave a penny to him.

    The autistic patient condition went even worse because he realized it wasn't the same penny!

    Chris has an obsession with budgeting every penny. He doesn't understand that most people do not budget to the penny and have a flexible amount they allow for miscellaneous items.

    I am Nancy Guerrero and I am Director of Special Education for the Santa Clara County Office of Education. We use Chris' (a.k.a. creimer,cdreimer) picture in our document because he is the hardest case we have ever had to handle:
    http://www.sccoe.org/depts/stu...

    Our artists were inspired by the low carb diet that Christopher follows scrupulously for the small lunch box and by the picture linked below for the rest. I am sure that you will notice the similarities such as the bump on the side of his chest and more:
    https://ibb.co/gVad65

    Please be easy on Christopher although, I am aware that some of our staff handling Chris post joke comments here and obvoiusly, the Santa Clara County Office of Education disapprove that behavior vehemently:
    https://school.discoveryeducat...

    But it isn't Chris' fault if he is the way he is. We do the best we can do with him and he is partially integrated into society. We try to cure his abnormal need for attention but he is kind of stubborn and won't listen to anybody.

    Thank You dear users,
    -Nancy Guerrero

  205. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    So none of those big smoke stack chimneys have anything to do with it? Not even a little bit? Come on man.

  206. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    More Creimer affiliate spam.

  207. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    "Your" trolls???

    My god creimer, you are so delusional that you really believe they are "your" trolls.

    You are so desperate for attention and so desperate to feel important, like Humpty-Dumpty, that your delusional mind invents all kind of imaginary things like you having you own dedicated trolls.

    Go get help!

  208. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    it's

    For fuck's sake!

  209. Re:Slashdot readers should sure hope so by lucm · · Score: 1

    you only have to look at comments called out as shills or downvoted to oblivion for when they legitimately comment something that differs from the group think

    I completely agree, people use moderation to silence dissenting opinions. This is why I opted out of the moderation thing a long time ago.

    This does not compute. Is the cause for your opting out:
    -cynicism?
    -not wanting to participate in evil?
    -an acknowledgement that you would do it too?

    I opted out because moderation doesn't work on Slashdot. Instead of using it to fight spam and actual trolls, people use moderation to punish people they disagree with.

    Browsing at -1 solves the problem. In fact, there are always interesting comments that are scored 0 or 1, and often they are labeled "Troll" of "Flamebait" although they merely raise issues with the mainstream narrative.

    There is no value in the moderation system, it's just a popularity contest that rewards people who submit to peer pressure. It's like listening to FM radio with people calling to request the same songs as everyone else.

    --
    lucm, indeed.
  210. Re: Slashdot readers should sure hope so by lucm · · Score: 1

    The problem with capitalism is humanity. You can't impose some sort of alternative "monopoly" without having all of the problems the "evils of capitalism".

    This always reminds me of that story about the copier factory in USSR. I don't remember the exact numbers but the factory had something like 500 workers and manufactured a total of 3 copiers per year, of which usually only 1 or 2 worked. And those workers who did such a splendid job wondered why the central heating at home didn't work or why they had to wait in line to buy stale bread.

    Capitalism works because people are rewarded for hard work and talent. The reason why the system is fucked lately is not because of flaws in capitalism; it's because the government has become a monster and is letting idiot savants play sorcerer's apprentice with monetary policy and social programs from their ivory towers.

    --
    lucm, indeed.
  211. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    False dichotomy.

    Just like free speech is is not absolute, but instead is a right balanced with other rights, the powers of a state are not an all-or-nothing proposition. Without regulation, certain companies would happily sell cocaine, heroine, and cigarettes to children. We know this because it happened. On the other hand, if the state is all-powerful, millions stand to die from either malice or incompetence. We also know this because it also happened.

    The only rational answer is a balance: a free market, but one that recognises that some economically feasible business models are nonetheless reprehensible and must be limited so that moral companies aren't put out of business.

    It isn't a math equation. There's room to disagree about exactly how much regulation is best. However, even the staunchest libertarian has their limit where they admit that the market should not be left to decide on moral questions. Perhaps it isn't selling heroine to kids, but perhaps the line is at killers for hire, or phossy jaw factories, or some of the other horrific atrocities that have been economically viable at one point or another.

  212. Re:Slashdot readers should sure hope so by tbannist · · Score: 1

    I’m sure this is true, and I’m sure it’s not an isolated case. However, that is a long way from “every corporation is actively working against the interests of society”.

    That's not what the person you responded to said. He said every corporation that can make a buck by working against the interests of society, will.

    Now, I don't agree with that statement, but you do need to address what he actually said.

    I think that there are many corporations where the executive officers are not amoral sociopaths, however, if even one competitor in their field is, then the public will probably be screwed. Even worse, if screwing the public is economically beneficial, then the companies led by people with morals will compete less effectively in the marketplace and they are likely to be replaced by their less ethical competitors. So in many ways, unregulated capitalism ends up as a race to the least ethical, most exploitative behaviour possible.

    --
    Fanatically anti-fanatical
  213. Re:Slashdot readers should sure hope so by tbannist · · Score: 1

    They generate jobs and employment, as well as put out products that are useful. Think about running a business without Excel for spreadsheet work, or Word for documents? Without Microsoft, we would be still using pencils and doing double-entry bookkeeping on ledgers.

    I'd rather be using pencils and double-entry bookkeeping on ledgers than Excel and Word.

    Having said that, Microsoft was not first to market with either spreadsheet software or word processing. In fact, without Microsoft killing investment in both product types, we'd likely have better spreadsheet and word processing software than we do now.

    --
    Fanatically anti-fanatical
  214. Re:Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    Without Microsoft, we would be still using WordPerfect and doing double-entry bookkeeping on QuickBooks.

    There, FTFY. HAND.

  215. Re:Slashdot readers should sure hope so by Wayspooled · · Score: 1

    Is Deliberately Misleading People On the Internet Free Speech? -- If it is, then you'd have to do something about almost every salesman and corporation lying about the quality of their products, etc in the country. (and I'm not against making them tell the truth) But I'm afraid it is free speech. And I also seem to hold the radical opinion (these days) that opinions that aren't currently popular are also free speech. Nazi assholes, white supremacists, Antifa, have as much right to share their opinions as anyone else, as long as they are not directed specifically at one person, and NOT accompanied by violence. Sorry, you can't have free speech for only the majority or only the people with who you agree.

  216. Good thing for Colon Punctuation by tmjva · · Score: 1

    Otherwise the Title would start with:  Slashdot is ...

    --
    Tracy Johnson
    Old fashioned text games hosted below:
    http://empire.openmpe.com/
    BT
  217. Re:Wrong Q. Correct A is "What's the alternative?" by david_thornley · · Score: 1

    That's why the Supreme Court has pretty consistently decided that the government has no business interfering with political speech. False advertising for commercial purposes is illegal. False advertising for political purposes is legal (or there'd be a lot of Republican candidates behind bars).

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  218. Re:The FDA actually permits false deceptive produc by david_thornley · · Score: 1

    And the only reason that your tirade is legal is free speech. You don't cite any reputable journals. You make statements that I know to be false. Now, it's good in a sense that you talk nonsense about depression (something I do have experience with), and I wouldn't wish you to find out otherwise yourself, but that doesn't make what you say true.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  219. critical thinking needed by Anonymous Coward · · Score: 0

    We need to be critical thinkers (& should be teaching our children this skill). There's a lot of information out there & most of it is bogus.

  220. Re: Slashdot readers should sure hope so by Anonymous Coward · · Score: 0

    We'll put. Perfectly sensible.

  221. Yes It Is Free Speech by JimSadler · · Score: 1

    In boxing a foul is a foul. Whether it is intentional or accidental the penalty remains the same. there are numerous people with absurd beliefs who try like crazy to get others to adopt their belief system. usually they are just plain wrong but sometimes they really seek money or power. There is simply no way to sort them all out. Sometimes people seek power as they feel they are the only one who can set things straight. They may justify all manor of wrong behavior trying to acquire enough power to accomplish their goal. so let the wrong headed speak and then denounce them as the idiots they are instead of gagging them before they get their message out. Even the manifestos of some notorious criminals have held bits of information that the public needs to consider. even from a prison cell let them speak out.

  222. No! by iq145 · · Score: 1

    It's "fake news"!

  223. Monopoly by Anonymous Coward · · Score: 0

    Do they accept Monopoly money in exchange for their fake cures?