|
ThomasHouSecondPaper 10 - 04 Sep 2012 - Main.IanSullivan
|
|
<
< |
| META TOPICPARENT | name="SecondPaper" |
|---|
| >
> |
| META TOPICPARENT | name="SecondPaper2011" |
|---|
| | | Ready for Review. Comments are welcome.
Protecting and Promoting the Right to Differ: an Evolutionary Perspective and the Continuing Rightfulness of Barnette |
|
|
ThomasHouSecondPaper 9 - 24 Apr 2012 - Main.ThomasHou
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
<
< | Essay is in revision. Comments are welcome. | >
> | Ready for Review. Comments are welcome. | | | | |
<
< | Protecting and Promoting Dissent and Free Expression: an Evolutionary Perspective | >
> | Protecting and Promoting the Right to Differ: an Evolutionary Perspective and the Continuing Rightfulness of Barnette | | | -- By ThomasHou? - 01 Dec 2011 | | | | |
<
< | Why do we have the First Amendment? To have free expression. Why do we have free expression? Thomas I. Emerson grouped the reasons into four: 1) assuring individual self-fulfillment, a cornerstone of Western philosophical thought; 2) attaining truth and knowledge through debate and a "marketplace of ideas"; 3) providing for universal participation in decision making; and 4) achieving an adaptable yet stable community. I believe the last one is more important than ever in the information age. The basic premise is: free expression allows for the development and sharing of new ideas - which often comes through a form of dissent - while suppression shutters those new ideas in favor of old ideas and stultification. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | >
> | Justice Jackson's opinion in Barnette, which prohibited a state from compelling students to salute and pledge to the American flag, maintains its place in American lore not just through its eloquent words but also through its evocation of fundamental ideas. No idea is perhaps more fundamental than the First Amendment. | | | | |
<
< | Evolution theory provides a useful analogy. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species or genus, individuals possess different traits that produce various advantages or disadvantages according to natural conditions. That variation allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For humans in societies, the same theory should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as society tolerates them. Having intellectual diversity and promoting it allows society to develop new ideas and question old ideas. This process prevents social conformity and stagnation, and allows a society to adapt to and thrive in a changing world. | >
> | Why do we have the First Amendment? To have free expression. Why do we have free expression? Thomas I. Emerson grouped the reasons into four: 1) assuring individual self-fulfillment, a cornerstone of Western philosophical thought; 2) attaining truth and knowledge through debate and a "marketplace of ideas"; 3) providing for universal participation in decision making; and 4) achieving an adaptable yet stable community. Although Barnette hints at all four, I believe the last one is most prominent in Barnette and is more important than ever today. The basic premise is: free expression allows for the development and sharing of new ideas - which often comes through the right to differ at the core of free expression - while suppression shutters those new ideas in favor of old ideas and stultification. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | | | | |
<
< | Conventional wisdom says sociocultural evolution is Lamarckian, i.e. through acquired inheritance of culture from generation to generation. While I do not dispute the overall Lamarckian theory, I think cultural evolution at the individual level, and the agency from individual to social, is Darwinian. After all, all culture must start from individuals and they individually and as a group practice and carry on culture from time to time. At that individual level, creativity is essential and one's contributions shape a society's culture. Bob Dylan's expression through his songs heralded the culture of the 60s and the protest era. Galileo's expression of his scientific discoveries ushered in acceptance of the heliocentric theory and a new scientific culture. Both occurred through acts of self-expression and in dissent within cultures of social conformity. We in retrospect, looking at these examples and others from history, appreciate the importance of individual free expression to a culture of social progress. | >
> | Evolution theory supports this premise. In nature, individual organisms, even those that live in "societies" like man's, live in a changing and unpredictable environment. Within a species or genus, individuals possess different traits that produce various advantages or disadvantages according to natural conditions. That variation allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For humans in societies, the same theory should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as society tolerates them. Having intellectual diversity and promoting it allows society to develop new ideas and question old ideas. This process prevents social conformity and stagnation, and allows a society to adapt to and thrive in a changing world. | | | | |
<
< | This theory holds true more than ever today. Free expression drives innovation. Developing new ideas and ways of communicating them to the public is vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. This is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must be maintained and strengthened to achieve that end. | >
> | Conventional wisdom says sociocultural evolution is Lamarckian, i.e. through acquired inheritance of culture from one generation to the next. While I do not dispute its overall Lamarckian character, I think cultural evolution at the individual level, and the level from the individual to society, is Darwinian. After all, all culture originate from individuals and they individually and as a group practice and transmit culture through time. At that individual level, creativity is essential and individuals shape a society's culture. Bob Dylan's expression through his songs heralded the culture of the 60s and the protest era. Galileo's expression of his scientific discoveries ushered in acceptance of the heliocentric theory and a new scientific culture. Both acted upon their right to differ within cultures of social conformity. | | | | |
<
< | Another perspective | >
> | Barnette was a clash between the individual right to differ and the collective interest in national unity. In rejecting the latter, Justice Jackson relied much on Darwinian ideas of sociocultural evolution. He reached into history to show how social conformity ultimately fails and only deadens societies, such as the Romans driving out Christianity and the Inquisition driving out Jews. He then rejected that free expression could be submitted to majority rule at the ballot box; such proposition would undercut the individual focus of the First Amendment's protections. Finally, he implicitly espoused the Darwinian theory about the source of intellectual diversity: those with abnormal attitudes, those espousing beliefs contrary to the social order, i.e. those who differ, are the exceptional minds that drive intellectual and social progress. The right to differ and free expression at the individual level affect society at the collective level. State orthodoxy and compelled speech are unconstitutional because they would stamp out the vital right to differ implicit in the First Amendment.
This theory holds true today. Free expression drives innovation. Developing new ideas and ways of communicating them to the public is vital. We have more tools with the Internet. But we still need to act. On the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. We must build a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. To achieve that, we continue to need free expression and the right to differ - the right to challenge old attitudes and propose new ones. Barnette 's principles, ancient as they may seem, remain fresh. |
|
|
ThomasHouSecondPaper 8 - 10 Apr 2012 - Main.ThomasHou
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
<
< | Essay is in revision - anticipated by mid-March. Comments are welcome. | >
> | Essay is in revision. Comments are welcome. | | | Protecting and Promoting Dissent and Free Expression: an Evolutionary Perspective | | | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . [W]e apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order." West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). | |
<
< | Section I: | >
> | | | | | |
<
< | Why do we have the First Amendment? To have free expression. Why do we have free expression? Many reasons, which Thomas I. Emerson grouped into four: 1) assuring individual self-fulfillment, a cornerstone of Western philosophical thought; 2) attaining truth and knowledge through debate and a "marketplace of ideas"; 3) providing for participation in decision making by everyone; and 4) achieving an adaptable yet stable community. I believe the last one is more important than ever in the information age. The basic premise is: free expression allows for the development and sharing of new ideas - which often comes in the form of dissent - while suppression shutters those new ideas in favor of stultification and old ideas. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | >
> | Why do we have the First Amendment? To have free expression. Why do we have free expression? Thomas I. Emerson grouped the reasons into four: 1) assuring individual self-fulfillment, a cornerstone of Western philosophical thought; 2) attaining truth and knowledge through debate and a "marketplace of ideas"; 3) providing for universal participation in decision making; and 4) achieving an adaptable yet stable community. I believe the last one is more important than ever in the information age. The basic premise is: free expression allows for the development and sharing of new ideas - which often comes through a form of dissent - while suppression shutters those new ideas in favor of old ideas and stultification. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | | | | |
<
< | Evolution theory provides a useful analogy. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species or genus, individuals are different in certain traits that produce various advantages or disadvantages according to natural conditions. It is that variation that allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For humans in societies, the same laws should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as society tolerates them. That is why having free expression is so important: having intellectual diversity and promoting it allows society to develop new ideas and for individual members to question old ideas. This process prevents social conformity and stagnation, and allows a society to adapt to and thrive in a changing world. | >
> | Evolution theory provides a useful analogy. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species or genus, individuals possess different traits that produce various advantages or disadvantages according to natural conditions. That variation allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For humans in societies, the same theory should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as society tolerates them. Having intellectual diversity and promoting it allows society to develop new ideas and question old ideas. This process prevents social conformity and stagnation, and allows a society to adapt to and thrive in a changing world. | | | | |
<
< | This theory holds true more than ever in the 21st century. Free expression serves another role today, that of innovation. Developing new ideas and ways of communicating them to the public is as vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. What we need is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st should be more about innovation. | >
> | Conventional wisdom says sociocultural evolution is Lamarckian, i.e. through acquired inheritance of culture from generation to generation. While I do not dispute the overall Lamarckian theory, I think cultural evolution at the individual level, and the agency from individual to social, is Darwinian. After all, all culture must start from individuals and they individually and as a group practice and carry on culture from time to time. At that individual level, creativity is essential and one's contributions shape a society's culture. Bob Dylan's expression through his songs heralded the culture of the 60s and the protest era. Galileo's expression of his scientific discoveries ushered in acceptance of the heliocentric theory and a new scientific culture. Both occurred through acts of self-expression and in dissent within cultures of social conformity. We in retrospect, looking at these examples and others from history, appreciate the importance of individual free expression to a culture of social progress. | | | | |
<
< | In fact, whatever the essay's point really was is
still obscure; up to this point, we've been given the preface to some
actual idea that never quite arrived. The most obvious route to the
improvement of the essay is to start from the actual idea and build
an outline around it that reduces what's here by 75% or so, and uses
these points as introductory only to the primary theme, whatever
"bottom-up" approach it was, or will be when we see
it. | >
> | This theory holds true more than ever today. Free expression drives innovation. Developing new ideas and ways of communicating them to the public is vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. This is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must be maintained and strengthened to achieve that end.
Another perspective |
|
|
ThomasHouSecondPaper 7 - 27 Feb 2012 - Main.ThomasHou
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
<
< | Essay is in revision. Comments are welcome. | >
> | Essay is in revision - anticipated by mid-March. Comments are welcome. | | | | |
<
< | Protecting and Promoting Dissent and Free Expression in the Digital Age | >
> | Protecting and Promoting Dissent and Free Expression: an Evolutionary Perspective | | | -- By ThomasHou? - 01 Dec 2011 | |
<
< | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). | >
> | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . [W]e apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order." West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). | | | | |
<
< | Section I: The Continued Importance of Free Expression and Dissent | >
> | Section I: | | | Why do we have the First Amendment? To have free expression. Why do we have free expression? Many reasons, which Thomas I. Emerson grouped into four: 1) assuring individual self-fulfillment, a cornerstone of Western philosophical thought; 2) attaining truth and knowledge through debate and a "marketplace of ideas"; 3) providing for participation in decision making by everyone; and 4) achieving an adaptable yet stable community. I believe the last one is more important than ever in the information age. The basic premise is: free expression allows for the development and sharing of new ideas - which often comes in the form of dissent - while suppression shutters those new ideas in favor of stultification and old ideas. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress.
Evolution theory provides a useful analogy. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species or genus, individuals are different in certain traits that produce various advantages or disadvantages according to natural conditions. It is that variation that allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For humans in societies, the same laws should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as society tolerates them. That is why having free expression is so important: having intellectual diversity and promoting it allows society to develop new ideas and for individual members to question old ideas. This process prevents social conformity and stagnation, and allows a society to adapt to and thrive in a changing world. | |
<
< | This theory holds true more than ever in the 21st century. Free expression serves another role today, that of innovation. Developing new ideas and ways of communicating them to the public is as vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. What we need is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st must be about innovation. | >
> | This theory holds true more than ever in the 21st century. Free expression serves another role today, that of innovation. Developing new ideas and ways of communicating them to the public is as vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. What we need is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st should be more about innovation. | | | | |
<
< | The past two hundred
years have not been "about" innovation? Surely there is a way to make
your point without bombast?
Section II: New Threats to Free Expression and Dissent
Suppressing dissent and new ideas is not unexpected - it is human nature to do so.
Do you need to make that
assertion, which is not self-evident? Do you really need an
essentialist view of the abuse of power to make the rest of your
argument?
What has changed are the tools available and who uses them. Yesterday, it was the government and state actors who controlled the official channels of communication and often were the censors. Today, network providers are the primary censors because they control the access and flow of information upon which millions of people rely. They control the switches.
To some extent. To some
extent, state actors do, and to a large and variable extent, neither
of them does. Freedom Box could be defined as an attempt to expand
very significantly the quantity and power of
democratically-distributed switching capacity. Once again, you seem
to be expressing a proposition that isn't necessarily right, that by
asserting you acquire a responsibility to prove, and which you
probably don't need anyway.
Moreover, their control will persist so long customers are dependent on them to supply access to the Internet. With mass media and hyper-connectivity dependent on network providers, their powers and potential for censorship are unabated.
No. See
above.
That does not mean the threat of government suppression is gone or diminished. Government now relies on network providers to help with censorship. Earlier this month, India approached Google, Microsoft, and Facebook to stop seditious comments about the Indian government.
Not sedition, just
unfavorable comment on Mrs. Gandhi and her family. And not just
"approached." Now there is sweeping litigation brought by government
pawns.
In the U.S., we have learned about how law enforcement and various governmental agencies are using social media and networks to collect information and curb the spread of dissenting or unapproved ideas. In fact, it is now easier for them because they are not necessarily exposed to state action and the constraints of the Constitution.
Section III: What Should Be Done
The battle over free expression in the 21st century will not be fought in the courts. It will be done through the design and technology of the Internet, and how the important stakeholders - regulators, network providers, end users - divide and allocate control over cyberspace.
Are you saying there
will be no efforts to litigate issues concerned with how the
stakeholders "divide and allocate control over cyberspace"? Doesn't
that seem superficially improbable?
Free expression advocates must focus their attention on the underlying technology and design of the Internet. It is up to individual users, too, who must defend and even fight for their right to free expression against encroachment by regulators and network providers. A theory based on the importance of free expression to innovation and social change may resonate as loudly or even louder than one based on political rights or seeking truth.
"May"? This comes down
after all to "maybe this is important and maybe it isn't because
maybe people will be more engaged with this meme over here than that
closely related meme over there?" If that's what this essay boils
down to, the reader is likely to be both disappointed and somewhat
resentful.
I am ambivalent about the utility of a major informational law along the lines of the SOPA legislation debated in Congress recently. On one hand, such a law is necessary to protect many of our values - including free expression and commercial fairness - on the Internet.
Why?
Congress is probably the actor that can best represent everyone's interests.
Really? At last count,
91% of Americans didn't think so, and the approval rating of Congress
is 9%. Should we ignore that, in light of your assertion to the
contrary, without any facts?
On the other hand, the Internet as a whole does not work well with regulation and relied on individual innovation to spur its development.
No, the Internet is not
a world of individualism, it's a world of consensus and trust. Its
technical standards are developed not by individual effort but by
"requests for consensus." Its operational procedures depend on good
faith and mutual cooperation. Your sentence implies a false
dichotomy and is misleading.
Furthermore, involvement of Congress increases the power of regulators and businesses who have captured regulators, at the expense of the public. Citizens feel differently about the ability of Congress to solve such large scale problems (given current poll ratings, prospects are bleak), but it's an area in need of reform. A bottom-up approach seems more feasible and effective.
But you haven't actually
described one. In fact, whatever the essay's point really was is | >
> | In fact, whatever the essay's point really was is | | | still obscure; up to this point, we've been given the preface to some
actual idea that never quite arrived. The most obvious route to the
improvement of the essay is to start from the actual idea and build |
|
|
ThomasHouSecondPaper 5 - 24 Jan 2012 - Main.EbenMoglen
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
<
< | First draft finished and ready for review. Comments or suggestions welcome! | | | Protecting and Promoting Dissent and Free Expression in the Digital Age
-- By ThomasHou? - 01 Dec 2011 | | | This theory holds true more than ever in the 21st century. Free expression serves another role today, that of innovation. Developing new ideas and ways of communicating them to the public is as vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. What we need is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st must be about innovation. | |
>
> | The past two hundred
years have not been "about" innovation? Surely there is a way to make
your point without bombast? | | | Section II: New Threats to Free Expression and Dissent | |
<
< | Suppressing dissent and new ideas is not unexpected - it is human nature to do so. What has changed are the tools available and who uses them. Yesterday, it was the government and state actors who controlled the official channels of communication and often were the censors. Today, network providers are the primary censors because they control the access and flow of information upon which millions of people rely. They control the switches. Moreover, their control will persist so long customers are dependent on them to supply access to the Internet. With mass media and hyper-connectivity dependent on network providers, their powers and potential for censorship are unabated. | >
> | Suppressing dissent and new ideas is not unexpected - it is human nature to do so. | | | | |
<
< | That does not mean the threat of government suppression is gone or diminished. Government now relies on network providers to help with censorship. Earlier this month, India approached Google, Microsoft, and Facebook to stop seditious comments about the Indian government. In the U.S., we have learned about how law enforcement and various governmental agencies are using social media and networks to collect information and curb the spread of dissenting or unapproved ideas. In fact, it is now easier for them because they are not necessarily exposed to state action and the constraints of the Constitution. | >
> | Do you need to make that
assertion, which is not self-evident? Do you really need an
essentialist view of the abuse of power to make the rest of your
argument? | | | | |
<
< | Section III: What Should Be Done | >
> | What has changed are the tools available and who uses them. Yesterday, it was the government and state actors who controlled the official channels of communication and often were the censors. Today, network providers are the primary censors because they control the access and flow of information upon which millions of people rely. They control the switches.
To some extent. To some
extent, state actors do, and to a large and variable extent, neither
of them does. Freedom Box could be defined as an attempt to expand
very significantly the quantity and power of
democratically-distributed switching capacity. Once again, you seem
to be expressing a proposition that isn't necessarily right, that by
asserting you acquire a responsibility to prove, and which you
probably don't need anyway. | | | | |
<
< | The battle over free expression in the 21st century will not be fought in the courts. It will be done through the design and technology of the Internet, and how the important stakeholders - regulators, network providers, end users - divide and allocate control over cyberspace. Free expression advocates must focus their attention on the underlying technology and design of the Internet. It is up to individual users, too, who must defend and even fight for their right to free expression against encroachment by regulators and network providers. A theory based on the importance of free expression to innovation and social change may resonate as loudly or even louder than one based on political rights or seeking truth. | >
> | Moreover, their control will persist so long customers are dependent on them to supply access to the Internet. With mass media and hyper-connectivity dependent on network providers, their powers and potential for censorship are unabated. | | | | |
<
< | I am ambivalent about the utility of a major informational law along the lines of the SOPA legislation debated in Congress recently. On one hand, such a law is necessary to protect many of our values - including free expression and commercial fairness - on the Internet. Congress is probably the actor that can best represent everyone's interests. On the other hand, the Internet as a whole does not work well with regulation and relied on individual innovation to spur its development. Furthermore, involvement of Congress increases the power of regulators and businesses who have captured regulators, at the expense of the public. Citizens feel differently about the ability of Congress to solve such large scale problems (given current poll ratings, prospects are bleak), but it's an area in need of reform. A bottom-up approach seems more feasible and effective. | >
> | No. See
above. | | | | |
<
< |
| >
> | That does not mean the threat of government suppression is gone or diminished. Government now relies on network providers to help with censorship. Earlier this month, India approached Google, Microsoft, and Facebook to stop seditious comments about the Indian government.
Not sedition, just
unfavorable comment on Mrs. Gandhi and her family. And not just
"approached." Now there is sweeping litigation brought by government
pawns.
In the U.S., we have learned about how law enforcement and various governmental agencies are using social media and networks to collect information and curb the spread of dissenting or unapproved ideas. In fact, it is now easier for them because they are not necessarily exposed to state action and the constraints of the Constitution.
Section III: What Should Be Done | | | | |
<
< | | >
> | The battle over free expression in the 21st century will not be fought in the courts. It will be done through the design and technology of the Internet, and how the important stakeholders - regulators, network providers, end users - divide and allocate control over cyberspace. | | | | |
<
< | | >
> | Are you saying there
will be no efforts to litigate issues concerned with how the
stakeholders "divide and allocate control over cyberspace"? Doesn't
that seem superficially improbable?
Free expression advocates must focus their attention on the underlying technology and design of the Internet. It is up to individual users, too, who must defend and even fight for their right to free expression against encroachment by regulators and network providers. A theory based on the importance of free expression to innovation and social change may resonate as loudly or even louder than one based on political rights or seeking truth.
"May"? This comes down
after all to "maybe this is important and maybe it isn't because
maybe people will be more engaged with this meme over here than that
closely related meme over there?" If that's what this essay boils
down to, the reader is likely to be both disappointed and somewhat
resentful.
I am ambivalent about the utility of a major informational law along the lines of the SOPA legislation debated in Congress recently. On one hand, such a law is necessary to protect many of our values - including free expression and commercial fairness - on the Internet.
Why?
Congress is probably the actor that can best represent everyone's interests.
Really? At last count,
91% of Americans didn't think so, and the approval rating of Congress
is 9%. Should we ignore that, in light of your assertion to the
contrary, without any facts?
On the other hand, the Internet as a whole does not work well with regulation and relied on individual innovation to spur its development.
No, the Internet is not
a world of individualism, it's a world of consensus and trust. Its
technical standards are developed not by individual effort but by
"requests for consensus." Its operational procedures depend on good
faith and mutual cooperation. Your sentence implies a false
dichotomy and is misleading.
Furthermore, involvement of Congress increases the power of regulators and businesses who have captured regulators, at the expense of the public. Citizens feel differently about the ability of Congress to solve such large scale problems (given current poll ratings, prospects are bleak), but it's an area in need of reform. A bottom-up approach seems more feasible and effective.
But you haven't actually
described one. In fact, whatever the essay's point really was is
still obscure; up to this point, we've been given the preface to some
actual idea that never quite arrived. The most obvious route to the
improvement of the essay is to start from the actual idea and build
an outline around it that reduces what's here by 75% or so, and uses
these points as introductory only to the primary theme, whatever
"bottom-up" approach it was, or will be when we see
it. | | | \ No newline at end of file |
|
|
ThomasHouSecondPaper 4 - 21 Dec 2011 - Main.ThomasHou
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
<
< | In process of writing. Should be finished by the 21st. Comments are welcome. | >
> | First draft finished and ready for review. Comments or suggestions welcome! | | | Protecting and Promoting Dissent and Free Expression in the Digital Age
-- By ThomasHou? - 01 Dec 2011 | |
<
< | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia Board of Education v. Barnette , 319 U.S. 624 (1943). | >
> | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). | | | Section I: The Continued Importance of Free Expression and Dissent | |
<
< | Why do we have the First Amendment? It is to have free expression. Why do we have free expression? Many reasons have been proposed, which T.I. Emerson grouped into four: 1) assuring individual self-fulfillment, at centre of Western philosophical thought; 2) attaining truth and knowledge through debate and differing ideas; 3) providing for participation in decision making by the whole community; and 4) achieving a stable yet adaptable community. I believe the last one is more important than ever today and deserves special significance in the information age. The basis premise is this: free expression allows for the development and sharing of new ideas, while suppression shutters those new ideas in favor of stultification and old ideas. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | >
> | Why do we have the First Amendment? To have free expression. Why do we have free expression? Many reasons, which Thomas I. Emerson grouped into four: 1) assuring individual self-fulfillment, a cornerstone of Western philosophical thought; 2) attaining truth and knowledge through debate and a "marketplace of ideas"; 3) providing for participation in decision making by everyone; and 4) achieving an adaptable yet stable community. I believe the last one is more important than ever in the information age. The basic premise is: free expression allows for the development and sharing of new ideas - which often comes in the form of dissent - while suppression shutters those new ideas in favor of stultification and old ideas. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | | | | |
<
< | Evolution theory provides the best support for this premise. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species and genus, individuals are different in certain traits that produce various advantages or disadvantages according to natural conditions. But it is that variation that allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For man in societies, the same laws should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as the society tolerates them. That is why having free expression is so important - having intellectual diversity and promoting it allows society to develop new ideas in a changing environment. Those new ideas allow society to question its old ideas and ensure the society can survive and even thrive in a changing world. | >
> | Evolution theory provides a useful analogy. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species or genus, individuals are different in certain traits that produce various advantages or disadvantages according to natural conditions. It is that variation that allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For humans in societies, the same laws should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as society tolerates them. That is why having free expression is so important: having intellectual diversity and promoting it allows society to develop new ideas and for individual members to question old ideas. This process prevents social conformity and stagnation, and allows a society to adapt to and thrive in a changing world. | | | | |
<
< | This theory holds true more than ever in the 21st century. Free expression serves another overarching role here, that of innovation. Developing new ideas and ways of communicating those ideas to the public is as vital as ever. We have more tools. But we still need to do it. In the seminal Internet free expression case, ACLU v. Reno, the district court judge likened the Internet and the electronic bulletin boards to the church walls where modern Martin Luthers can post their theses. Martin Luther helped Germany question its feudal religious beliefs and usher in a more liberal and prosperous era in Europe. Today, we need more Martin Luthers. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. What we most need in a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in creativity using the digital tools and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st must be about innovation. | >
> | This theory holds true more than ever in the 21st century. Free expression serves another role today, that of innovation. Developing new ideas and ways of communicating them to the public is as vital. We have more tools. But we still need to do it. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. They can share and experiment with new ideas, and challenge old ideas. What we need is a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in digital creativity and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st must be about innovation. | | | Section II: New Threats to Free Expression and Dissent | |
>
> | Suppressing dissent and new ideas is not unexpected - it is human nature to do so. What has changed are the tools available and who uses them. Yesterday, it was the government and state actors who controlled the official channels of communication and often were the censors. Today, network providers are the primary censors because they control the access and flow of information upon which millions of people rely. They control the switches. Moreover, their control will persist so long customers are dependent on them to supply access to the Internet. With mass media and hyper-connectivity dependent on network providers, their powers and potential for censorship are unabated. | | | | |
>
> | That does not mean the threat of government suppression is gone or diminished. Government now relies on network providers to help with censorship. Earlier this month, India approached Google, Microsoft, and Facebook to stop seditious comments about the Indian government. In the U.S., we have learned about how law enforcement and various governmental agencies are using social media and networks to collect information and curb the spread of dissenting or unapproved ideas. In fact, it is now easier for them because they are not necessarily exposed to state action and the constraints of the Constitution. | | | Section III: What Should Be Done | |
>
> | The battle over free expression in the 21st century will not be fought in the courts. It will be done through the design and technology of the Internet, and how the important stakeholders - regulators, network providers, end users - divide and allocate control over cyberspace. Free expression advocates must focus their attention on the underlying technology and design of the Internet. It is up to individual users, too, who must defend and even fight for their right to free expression against encroachment by regulators and network providers. A theory based on the importance of free expression to innovation and social change may resonate as loudly or even louder than one based on political rights or seeking truth. | | | | |
>
> | I am ambivalent about the utility of a major informational law along the lines of the SOPA legislation debated in Congress recently. On one hand, such a law is necessary to protect many of our values - including free expression and commercial fairness - on the Internet. Congress is probably the actor that can best represent everyone's interests. On the other hand, the Internet as a whole does not work well with regulation and relied on individual innovation to spur its development. Furthermore, involvement of Congress increases the power of regulators and businesses who have captured regulators, at the expense of the public. Citizens feel differently about the ability of Congress to solve such large scale problems (given current poll ratings, prospects are bleak), but it's an area in need of reform. A bottom-up approach seems more feasible and effective. | | |
|
|
|
ThomasHouSecondPaper 3 - 20 Dec 2011 - Main.ThomasHou
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
>
> | In process of writing. Should be finished by the 21st. Comments are welcome. | | | Protecting and Promoting Dissent and Free Expression in the Digital Age | | | Section I: The Continued Importance of Free Expression and Dissent | |
<
< | Subsection A
Subsub 1
Subsection B
Subsub 1
Subsub 2 | >
> | Why do we have the First Amendment? It is to have free expression. Why do we have free expression? Many reasons have been proposed, which T.I. Emerson grouped into four: 1) assuring individual self-fulfillment, at centre of Western philosophical thought; 2) attaining truth and knowledge through debate and differing ideas; 3) providing for participation in decision making by the whole community; and 4) achieving a stable yet adaptable community. I believe the last one is more important than ever today and deserves special significance in the information age. The basis premise is this: free expression allows for the development and sharing of new ideas, while suppression shutters those new ideas in favor of stultification and old ideas. A society needs new ideas and flexibility to adjust to changing circumstances and to achieve social progress. | | | | |
>
> | Evolution theory provides the best support for this premise. In nature, individual organisms, even those that live in "societies" like man does, live in a changing and unpredictable environment. Within a species and genus, individuals are different in certain traits that produce various advantages or disadvantages according to natural conditions. But it is that variation that allows a species to survive and prosper - those with favorable traits survive and pass them along to the next generation. For man in societies, the same laws should hold true. The world is changing, faster than ever, and is unpredictable. Beyond our physical differences, it is our intellectual differences that distinguish ourselves and our societies. Unlike natural traits, intellectual traits and ideas can be self-developed and expressed, so long as the society tolerates them. That is why having free expression is so important - having intellectual diversity and promoting it allows society to develop new ideas in a changing environment. Those new ideas allow society to question its old ideas and ensure the society can survive and even thrive in a changing world. | | | | |
>
> | This theory holds true more than ever in the 21st century. Free expression serves another overarching role here, that of innovation. Developing new ideas and ways of communicating those ideas to the public is as vital as ever. We have more tools. But we still need to do it. In the seminal Internet free expression case, ACLU v. Reno, the district court judge likened the Internet and the electronic bulletin boards to the church walls where modern Martin Luthers can post their theses. Martin Luther helped Germany question its feudal religious beliefs and usher in a more liberal and prosperous era in Europe. Today, we need more Martin Luthers. And on the world wide web, we need to protect not only those with new ideas, but also those who receive and can benefit from the new ideas. What we most need in a "democratic culture," which Jack Balkin describes as a place where ordinary citizens can participate in creativity using the digital tools and not just be passive observers or consumers. Our free expression culture must adapt to that end. The 19th century was about property rights; the 20th about political rights; the 21st must be about innovation. | | | Section II: New Threats to Free Expression and Dissent | |
<
< | Subsection A | | | | |
<
< | Subsection B | | | Section III: What Should Be Done | | |
\ No newline at end of file | |
>
> | |
|
|
ThomasHouSecondPaper 2 - 12 Dec 2011 - Main.ThomasHou
|
| |
| META TOPICPARENT | name="SecondPaper" |
|---|
| |
<
< | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | | Protecting and Promoting Dissent and Free Expression in the Digital Age
-- By ThomasHou? - 01 Dec 2011 | |
<
< | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia Board of Education v. Barnette , 319 U.S. 624 (1943). | >
> | "Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia Board of Education v. Barnette , 319 U.S. 624 (1943). | | | Section I: The Continued Importance of Free Expression and Dissent | | | Subsection B | |
<
< | Section III: What Should Be Done to Protect and Promote Free Expression and Dissent | >
> | Section III: What Should Be Done | | |
| |
<
< | Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list. |
|
|
ThomasHouSecondPaper 1 - 01 Dec 2011 - Main.ThomasHou
|
|
>
> |
| META TOPICPARENT | name="SecondPaper" |
|---|
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Protecting and Promoting Dissent and Free Expression in the Digital Age
-- By ThomasHou? - 01 Dec 2011
"Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. . . . We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. . . . [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia Board of Education v. Barnette , 319 U.S. 624 (1943).
Section I: The Continued Importance of Free Expression and Dissent
Subsection A
Subsub 1
Subsection B
Subsub 1
Subsub 2
Section II: New Threats to Free Expression and Dissent
Subsection A
Subsection B
Section III: What Should Be Done to Protect and Promote Free Expression and Dissent
Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list. |
|
|