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From: nrh@inmet.UUCP
Newsgroups: net.politics
Subject: Re: Hate literature laws no violation of
Message-ID: <7800544@inmet.UUCP>
Date: Tue, 15-Oct-85 18:57:00 EDT
Article-I.D.: inmet.7800544
Posted: Tue Oct 15 18:57:00 1985
Date-Received: Sat, 19-Oct-85 05:31:17 EDT
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Nf-From: inmet!nrh    Oct 15 18:57:00 1985


>/* Written 12:45 pm  Oct 11, 1985 by dave@lsuc in inmet:net.politics */
>/* ---------- "Hate literature laws no violation o" ---------- */
>
>The same principles justify the civil law of defamation and the
>criminal laws concerning hate literature; they stand or fall
>together.  Those who are of the opinion that hate literature
>is an unacceptable restriction of freedom of speech must, to be
>consistent, urge that the tort of defamation be abolished for
>precisely the same reason.

Actually, I'm not so sure this would be a bad idea.  Because of
anti-defamation laws, one finds that the printed word has an 
authority that it doesn't really deserve.  How many times
have you heard "Well, they wouldn't print it if it weren't true!"

A person's reputation does NOT belong to him.  One's reputation is
the product of what other people think of one.  If I "own" my
reputation, it follows that I have a right to tell other people what
to think of me.  If, on the other hand, my "reputation" is
acknowledged to be owned by others, then the people who "own" my
reputation  may sue for fraud if someone makes false statements about
me to his own advantage, so it doesn't follow that those who defame
would find it safe to do so.

It's a thorny problem in some ways, of course, I *feel* damaged when
people say bad things about me, so I *feel* as if I've a right to
compensation, but do I really?

I'd prefer freedom of speech, even dangerous speech, to ceding the
authority to gag people to anybody, especially politicians.