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Author Topic:   Where should there be "The right to refuse service"?
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 360 of 928 (754989)
04-02-2015 11:00 PM
Reply to: Message 359 by herebedragons
04-02-2015 10:23 PM


Re: NPR - Southern Baptist Minister: Religious Liberty Law Permits Denial Of Some Service
I think that the issue comes down to not treating all humans alike regardless of ones' personal beliefs.
The topic of a Jewish business closing for the Sabbath is often brought up in an attempt to equate that to the refusal to bake a wedding cake for a same sex couple, but in reality they are not even close to being comparable.
In the case of the former the Jewish business still treats everyone, Jew and Gentile, the same. They are closed to the Jew and to the Gentile. There is no discrimination.
In the later though not everyone is treated the same. The bakery refused service to just one class of people, those looking for a wedding cake for a same-sex marriage. Had the baker instead said "I will no longer sell wedding cakes because I do not approve of some marriages" then of course there would be no discrimination involved; same-sex couples and mixed-sex couples would be treated equally.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 359 by herebedragons, posted 04-02-2015 10:23 PM herebedragons has replied

Replies to this message:
 Message 363 by herebedragons, posted 04-03-2015 7:45 AM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 367 of 928 (755000)
04-03-2015 9:34 AM
Reply to: Message 363 by herebedragons
04-03-2015 7:45 AM


Re: NPR - Southern Baptist Minister: Religious Liberty Law Permits Denial Of Some Service
hbd writes:
To me, I think that is an obvious and important line to draw in preventing one person's freedoms from infringing on another's. But there is still a lot of grey area involved. It seems even baking a generic cake for a KKK rally would make me uncomfortable; it would be a form of endorsement, would it not? Wouldn't knowingly baking a cake for that type of event suggest that you approve of it - or at the very least don't find it repulsive? Should I be forced to serve that "class" of people regardless of my personal feelings on the subject?
Thank god there is no right to not be made uncomfortable.
Also, the speech we agree with is not the speech we need to support, rather it is the speech we most disagree with that needs our protection.
In your example of a baker baking a cake for the KKK or a sign printer asked to print a banner for the rally or the owner of a meeting house asked to rent the place for the rally I believe that the need to protect speech we most disagree with is the greater calling. Yes, it may well make the businessman uncomfortable, maybe even hurt future business but as I said, there is no right not to be made uncomfortable and there is a duty to protect others free speech.
My answer then is "Yes, of course you should be required to serve that class of people when free speech is involved. Your free speech to tell them you despise their free speech is also there but you may not infringe on theirs."

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 363 by herebedragons, posted 04-03-2015 7:45 AM herebedragons has not replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 371 of 928 (755009)
04-03-2015 10:50 AM
Reply to: Message 370 by Tangle
04-03-2015 10:47 AM


Re: NPR - Southern Baptist Minister: Religious Liberty Law Permits Denial Of Some Service
Certainly the purchaser of the cake would be open to arrest for asking for that inscription and a person can't commit an offence for refusing to commit an offence - if you follow my drift.
Fortunately in the US speech is protected and so they certainly would not be arrested for asking for that inscription, at least so far. Hopefully we will never get to the point where someone could be arrested or even charged simply for that statement.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 370 by Tangle, posted 04-03-2015 10:47 AM Tangle has replied

Replies to this message:
 Message 373 by Tangle, posted 04-03-2015 11:12 AM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 374 of 928 (755012)
04-03-2015 11:28 AM
Reply to: Message 373 by Tangle
04-03-2015 11:12 AM


in the US
To clarify....the KKK is unlikely to be arrested for simply asking for the inscription but he would risk arrest for having the inscription on the cake and then using it in a way that is likely to incite racial hatred.
Fortunately in the US racial hatred is not a crime, thank God. I would support someones right to incite racial hatred but admit that there are very fuzzy limits. For example I would support someone saying "All gays should die" but if it said "Go out and kill gays" then I would be less sure of my position. In the latter case I imagine that consideration would have to be given to just how effective the likelihood of actual action based on the speech would be. The default position for me would be to protect the speech unless there was clear and present danger of action based on the speech.
The baker would therefor not be committing an offence for refusing to write it if he had a reasonable belief that the cake could be used it that way. Basically, there's no way he could be forced to write something like that or be on the wrong side of the law.
Again, unless the baker could present a compelling argument that supported a reasonable certainty that acts would follow I do not think his refusal could be justified and that he was in fact refusing service.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 373 by Tangle, posted 04-03-2015 11:12 AM Tangle has not replied

Replies to this message:
 Message 376 by Jon, posted 04-03-2015 12:11 PM jar has seen this message but not replied
 Message 377 by NoNukes, posted 04-03-2015 12:13 PM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 378 of 928 (755016)
04-03-2015 12:41 PM
Reply to: Message 377 by NoNukes
04-03-2015 12:13 PM


Re: in the US
jar writes:
For example I would support someone saying "All gays should die"
What does "support" mean here? I would support not arresting the speaker and I would not call on the government to intervene, but I would not provide the speaker any assistance in delivering his message. Are you saying that you would do more than that?
As I said, were I a baker I would write that on a cake I sold them, were I a printer I would print a banner for them to display, were I the owner of a meeting hall I would rent the space to hold a rally.
I really believe that it is the speech I very most disagree with that I must allow.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 377 by NoNukes, posted 04-03-2015 12:13 PM NoNukes has replied

Replies to this message:
 Message 379 by Tangle, posted 04-03-2015 12:53 PM jar has replied
 Message 390 by NoNukes, posted 04-03-2015 3:05 PM jar has replied
 Message 404 by Capt Stormfield, posted 04-04-2015 1:00 AM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(2)
Message 381 of 928 (755019)
04-03-2015 12:55 PM
Reply to: Message 379 by Tangle
04-03-2015 12:53 PM


Re: in the US
By printing the banner, you are not just allowing it, you're enabling it.
And what is wrong with enabling speech I disagree with? What do you think "Protect Free Speech" means? You do not protect something by doing nothing.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 379 by Tangle, posted 04-03-2015 12:53 PM Tangle has replied

Replies to this message:
 Message 382 by Tangle, posted 04-03-2015 1:10 PM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 384 of 928 (755022)
04-03-2015 1:58 PM
Reply to: Message 382 by Tangle
04-03-2015 1:10 PM


Re: in the US
You're kidding, right?
You feel the need to actually *help* the people that want to say these disgusting things?
Nope, certainly not kidding.
If my business is printing then yes, it is my duty to print stuff I disagree with.
If I am a baker then it is my duty to bake cakes for events I disagree with.
If I own a meeting hall then it is my duty to rent to folk holding a rally I disagree with.
It is the speech I most disagree with that I must protect.
The limit, as I said back in Message 374 is with speech that incites illegal activity or violence.
quote:
I would support someones right to incite racial hatred but admit that there are very fuzzy limits. For example I would support someone saying "All gays should die" but if it said "Go out and kill gays" then I would be less sure of my position. In the latter case I imagine that consideration would have to be given to just how effective the likelihood of actual action based on the speech would be. The default position for me would be to protect the speech unless there was clear and present danger of action based on the speech.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 382 by Tangle, posted 04-03-2015 1:10 PM Tangle has replied

Replies to this message:
 Message 385 by Tangle, posted 04-03-2015 2:12 PM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 388 of 928 (755026)
04-03-2015 2:24 PM
Reply to: Message 385 by Tangle
04-03-2015 2:12 PM


Re: in the US
So, putting aside any issue of legality, if asked to print a banner that says 'Kill all the [insert whatever minority they hate]" you'd do it - in order to protect their rights to say it? You'd actually help them to promulgate their hate message? Even though you don't have to?
That's just bizarre. And also morally wrong.
Did you actually read what I have written?
from the very message to which you are replying:
jar writes:
It is the speech I most disagree with that I must protect.
The limit, as I said back in Message 374 is with speech that incites illegal activity or violence.
quote:
I would support someones right to incite racial hatred but admit that there are very fuzzy limits. For example I would support someone saying "All gays should die" but if it said "Go out and kill gays" then I would be less sure of my position. In the latter case I imagine that consideration would have to be given to just how effective the likelihood of actual action based on the speech would be. The default position for me would be to protect the speech unless there was clear and present danger of action based on the speech.
If they said "All [insert a group] should die" then I would definitely protect and support their right to say that under the conditions I have presented; if a printer it would be my duty to print the banner, if a baker to bake and decorate the cake, if an owner of a meeting hall to rent them the space for a rally.
Yes, hate speech is near the top of the list of speech I must work to protect.
Edited by jar, : appalin spallin

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 385 by Tangle, posted 04-03-2015 2:12 PM Tangle has replied

Replies to this message:
 Message 391 by New Cat's Eye, posted 04-03-2015 3:53 PM jar has replied
 Message 395 by Tangle, posted 04-03-2015 5:16 PM jar has replied
 Message 396 by xongsmith, posted 04-03-2015 5:28 PM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 393 of 928 (755041)
04-03-2015 4:35 PM
Reply to: Message 390 by NoNukes
04-03-2015 3:05 PM


Re: in the US
Absent coercion, I would never make a 'kill all homos' cake, and I would very likely express displeasure regarding a bakery that did such work. I assume you would support my right express that position by printing up my banner in your print shop so that I can picket your bakery.
Absolutely I would print your banner even though yo are mixing everything up and once again demonstrating an inability to read.
You do understand that a "Kill all homos" cake was one example where I specifically said their is a question whether I would provide such service.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 390 by NoNukes, posted 04-03-2015 3:05 PM NoNukes has replied

Replies to this message:
 Message 399 by NoNukes, posted 04-03-2015 8:07 PM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 394 of 928 (755043)
04-03-2015 4:38 PM
Reply to: Message 391 by New Cat's Eye
04-03-2015 3:53 PM


Re: in the US
CS writes:
jar writes:
Yes, hate speech is near the top of the list of speech I must work to protect.
Not really. Nothing's going to happen if you don't.
I'm not sure what you mean.
How do I know nothing would happen?

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 391 by New Cat's Eye, posted 04-03-2015 3:53 PM New Cat's Eye has replied

Replies to this message:
 Message 429 by New Cat's Eye, posted 04-04-2015 10:16 PM jar has not replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 397 of 928 (755048)
04-03-2015 5:29 PM
Reply to: Message 395 by Tangle
04-03-2015 5:16 PM


Re: in the US
If you think that there's a morally defensible position in either of those two statements you've got some work to do. The moral position is that both are wrong and should be resisted in any way possible. The minimum is not helping the bigots propogate their message.
I know that is your position. You've got some work to do.
Free Speech is important. Morality does not enter into the issue.
Whether or I not I feel any speech is moral or immoral is totally irrelevant. I have no more right to try to impose my morality on others than they have to try to impose their morality on me.
I can see no possible justification for suppressing speech whether moral or immoral. In fact, speech I consider immoral is the speech I need to support.
One of those statements recommends illegal activities while the other only supports a perhaps immoral thought.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 395 by Tangle, posted 04-03-2015 5:16 PM Tangle has replied

Replies to this message:
 Message 406 by Tangle, posted 04-04-2015 3:41 AM jar has replied
 Message 409 by AZPaul3, posted 04-04-2015 9:00 AM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 398 of 928 (755049)
04-03-2015 5:33 PM
Reply to: Message 396 by xongsmith
04-03-2015 5:28 PM


Re: in the US
A noble distinction, but clear & present danger is kind of fuzzy.
One the major problems with homo sapiens is that they are so susceptable to stupid advertising.
Damn it all to hell. Commercials actually WORK!
I certainly agree and tried to point out just that issue. And that is where the exact wording of the speech as well as the particular details of the incident need to be known.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 396 by xongsmith, posted 04-03-2015 5:28 PM xongsmith has seen this message but not replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 400 of 928 (755051)
04-03-2015 9:00 PM
Reply to: Message 399 by NoNukes
04-03-2015 8:07 PM


Re: in the US
You have taken the position that the more odious the message, the more bound to help you would feel as owner of a print shop. You apply some limits regarding incitement, but they are fairly fuzzy. I feel a bit differently. I feel that the more odious messengers require a more vigorous defense of their rights, but as for spreading the message, the messenger has to pay his own freight which might include buying his own printing press.
Not exactly. It is not a matter of bound to help but rather the fact that the business is printing or cake making or space rental and the business is not censorship.
And yes, the boundaries are fuzzy and mutable and will depend on the total conditions of the particular incident when it comes to where the legal/illegal line lies. The function of a print shop or bakery or meeting hall rental is not to make the judgements beyond what is reasonable based on the available knowledge at the time.
I understand many will feel differently about this but I have tried to express my opinion of where to draw the line. Hopefully it will not be a straight or uniform line but laws seldom consider anything except straight, uniform lines.
But I do find the idea that there could be prohibited hate speech odious, repulsive, revolting.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 399 by NoNukes, posted 04-03-2015 8:07 PM NoNukes has replied

Replies to this message:
 Message 401 by NoNukes, posted 04-03-2015 9:14 PM jar has replied
 Message 407 by RAZD, posted 04-04-2015 8:12 AM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 402 of 928 (755054)
04-03-2015 9:31 PM
Reply to: Message 401 by NoNukes
04-03-2015 9:14 PM


Re: in the US
Besides that though, even you have acknowledged that there is inciting hate speech that you would not help with. Apparently you find yourself odious and repulsive using your own standard.
Too funny. You still seem unable to read.
I imagine you can point out where I said that there is hate speech I think should be prohibited other then the very limited case of clear incitement to violence or illegal activity which is speech that might be prohibited whether it involved hate or not.
I cannot think of any hate speech or speech that was intended to engender hatred that should be prohibited right off hand. There might be such speech but I cannot think of any at the moment.
Failing to let you use my printer is not the same thing as my prohibiting your speech. Your definition of "free speech", which seems to include such a thing is peculiar enough so that your impression of what is odious isn't very informative.
That depends I believe on whether you print for a business. If it is your personal non-business printer then I believe you are well within your rights. If though you are a business, a printer by trade, and nothing in the request is illegal or incites violence or illegal activity, then I believe your personal opinion about the morality or rightness or content should be irrelevant.
What for me is odious is censorship, not the speech.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 401 by NoNukes, posted 04-03-2015 9:14 PM NoNukes has replied

Replies to this message:
 Message 405 by NoNukes, posted 04-04-2015 1:04 AM jar has replied

  
jar
Member (Idle past 424 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


(1)
Message 408 of 928 (755073)
04-04-2015 8:58 AM
Reply to: Message 405 by NoNukes
04-04-2015 1:04 AM


Re: in the US
Or perhaps you do not write clearly.
Given that you have acknowledged that there are messages that you might not print, then your mindset contains exactly the position that you have called odious. Messages such as "kill all homos" are apparently pretty close to being within that mindset depending on the context or whatever.
Bullshit.
Really, read what I write. I said I might not print them not because I find them odious but because they encourage violence or illegal activities. Even if I fully approved of such speech I would have questions about printing it.

Anyone so limited that they can only spell a word one way is severely handicapped!

This message is a reply to:
 Message 405 by NoNukes, posted 04-04-2015 1:04 AM NoNukes has not replied

  
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