Fake News for Big Brother

[David Howe]

at Thursday, May 01, 2003 6:43 PM, Declan McCullagh <declan at well.com>
was seen to say:
> At 06:30 PM 5/1/2003 +0100, David Howe wrote:
> First, it's "falsely shouting fire," and second, I wonder how you
> would draw a distinction between a newspaper saying that, someone
> saying that on this list, and someone saying it in a public park.
> Imprison all of 'em?
If they make false statements in a public forum that causes a mass
panic, *and* fail to defend their actions in court - why not? I am not
arguing for prior restraint here (telling them "you must not do these
things") but I think they should be required to face the consequences of
their actions.

> The problem is that if you create a rule that can be used to imprison
> the Holocaust deniers (a loathsome sort, I agree), it can be used to
> jail those who challenge the conventional orthodoxy, even if they
> believe they're right. More to the point, even if they *are* right.
True enough - and the world is full of people with wild beliefs (like
the Holocaust deniers) who are willing to go to jail as "martyrs" for
their beliefs... I suppose my problem is I believe that a act (even
speech) that damages the community as a whole or influences those
legally not yet equipped to make their own decisions (children) should
be subject to challenge in court - not precensure, but legal challenge
after the fact.  If he is unable to convince (in court) a jury mutually
chosen by his lawyers and the prosecution that he acted reasonably, then
perhaps he didn't?