Re: "German service cuts Net access" (to Santa Cruz)
olmur@dwarf.bb.bawue.de writes:
Free speech ends where other people can reasonable claim that their feelings are badly hurt.
Ask yourself what standard in implied in this sentence... Is it "Man as a life-loving rationnal animal" or "Man as an ever sobbing, unable to cope, emotionnally controlled animal" ??? JFA "I always tried to live in order to be able to *fly* another day." -Gen. Chuck Yeager
On Mon, 29 Jan 1996, Jean-Francois Avon wrote:
olmur@dwarf.bb.bawue.de writes:
Free speech ends where other people can reasonable claim that their feelings are badly hurt.
Ask yourself what standard in implied in this sentence...
Is it "Man as a life-loving rationnal animal" or "Man as an ever sobbing, unable to cope, emotionnally controlled animal"
There was a lively debate in feminist/legal circles a while back about introducing "the reasonable woman standard," "the reasonable gay man standard," etc. into the legal currency. The movement intended to make "date rape" and sexual harassment easier to prosecute. I didn't keep up with it, but I'm sure the relevant papers are still being cited. I doubt and hope that no court ever took the argument seriously. My personal rules are: 1. I have the right to get offended however often I want. It's a lot healthier than desensitization. 2. I have the right to respond however I want, as long as it's legal and ethical. 3. I do not have the right to tell someone else not to be offended. 4. I do not have the right to control another's actions, much less words or thoughts, merely because I find them offensive. -rich
Excerpts from internet.cypherpunks: 29-Jan-96 [NOISE] Re: "German service.. by Rich Graves@networking.s
There was a lively debate in feminist/legal circles a while back about introducing "the reasonable woman standard," "the reasonable gay man standard," etc. into the legal currency. The movement intended to make "date rape" and sexual harassment easier to prosecute. I didn't keep up with it, but I'm sure the relevant papers are still being cited. I doubt and hope that no court ever took the argument seriously.
I vaguely remember one district court upholding the "reasonable woman" standard around four years ago, but that braindead idea was abandonded in subsequent decisions. For more info on what happens when the "reasonable woman" standard is applied in higher education (particularly regarding online speech), check out: http://joc.mit.edu/ -Declan
participants (3)
-
Declan B. McCullagh -
jf_avon@citenet.net -
Rich Graves