On Internet and social responsibility (fwd)

Jim Choate ravage at ssz.com
Wed Sep 19 23:37:38 PDT 2001



On Wed, 19 Sep 2001, Bill Stewart wrote:

> [Imagine at this point, a .WAV file saying
>          "Choate's mother was a hamster and his father
>          smells of elderberries."
> and that this mail is sent to the list and not just to you.]
> 
> Slander is speech.

Slander is harming another. The fact that speech is involved is irrelevant
to the fact you're causing measurable harm to another. Simply because you
use speech as some component, and speech is protected, doesn't mean the
larger process should inherit the protection.

I realize this is confusing, but keep practicing. You won't have as hard
a time as you did with sex, I promise.

> Courts often find them punishable or at least privately actionable as torts,
> but to say they're "acts" and not "speech" is just weasel-wording

Not at all. It's recognizing a significant, but subtle distinction. One
you miss by a mile.


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