There is no legal precedent for this that I'm aware of
There's plenty of legal precedent giving special protections to journalists, on matters like naming sources and Fourth Amendment rights. When the Gizmodo reporter's house was searched after the iPhone 4 leak, there was a similar discussion of the legal protections that would have applied if Gizmodo were a newspaper or print magazine, and whether the reporter was entitled to them.
Yeah, it's an outdated historical legacy with a boundary that's no longer clear, but it is relevant within the current legal system.
There's what I take to be a good introduction to the so-called "Reporters' Privilege" here . The reference to Branzburg v. Hayes, 408 U.S. 665 (1972) is a key point.
I'd hesitate to say that there isn't at least an arguable legal precedent for just about any comprehensible assertion at all.
P.S. I would also hesitate to trust reporters to be unbiased in their assertions about the protections of the "Reporter's Privilege."
About this article's tags: you want dark_arts, judging by the tags in the sidebar. The 'arts' tag links to posts about fiction, etc.
ObDarkArts101: Here's a course that could actually have been titled that:
Writing Persuasion (Spring 2011) A course in persuasive techniques that do not rely on overt arguments. It would not be entirely inaccurate to call this a course in the theory, practice, and critique of sophistry. We will explore how putatively neutral narratives may be inflected to advance a (sometimes unstated) position; how writing can exploit readers' cognitive biases; how a writer's persona on the page -- what Aristotle might call her ethos -- may be constructed to influence her readers.
This tactic is related to the well-known abuse termed "loaded questioning." The difference is that you describe a presupposition embedded in an enticement, whereas the "loaded question" puts the presupposition in a threat. Enticement tricks the 2nd party into accepting the presupposition; threat tricks a third party (via the "fundamental error of attribution," entailing discounting the situation and augmenting the influence of the actor) into accepting that the second party accepts the presupposition.
Embedding the presupposit...
I find that Lesswrong yields interesting subjects for study, as well as useful insights pertaining to said subjects, both in the articles themselves and in the attached comments.
However, because of the website format, I have a tendency to succumb to Chronic Internet Distraction Disease while browsing here. To solve this problem, I would like to devise a way to transfer articles and their associated commentary from Lesswrong to my hard drive, where I can read them without the tantalizing proximity of embedded hyperlinks.
The articles themselves can be copy-...
Regarding "whether WikiLeaks leader Julian Assange is a journalist, or can be prosecuted for espionage..."
Turns out there are different kinds of legal protections for journalists -- shield laws, for instance, which protect a journalist from having to reveal an anonymous source -- which don't apply to "non-journalists", whatever that might be in a world with twitter, blogs, etc. A private citizen emailing secret documents to someone without proper clearance can be prosecuted for it; a journalist publishing classified documents that were...
But... Assange is not a US citizen, so why should he be protected by their constitution??? Or is there a clause that extends the same civilities to foreigners?
We can only hope that this was an artful stroke made from the shadows by some great master of the Dark Arts, and not a mere snowballing of an ignorant question.
Actually, I'd hope quite the opposite. Perhaps it'd be a sad conclusion, but yours strikes me as potentially more dangerous.
For a potentially positive version of this, see my blog. I deliberately assume that the reader is an advocate of cryonics, despite an awareness that some (most?) potential readers are not already interested in advocating cryonics. My working assumption is that this will influence a substantial portion of fence-sitters to define themselves as cryonics advocates in order to resolve the cognitive dissonance -- more so than e.g. directly arguing that people should become cryonics advocates.
I wouldn't be doing this if I thought people are likely to become cryon...
I haven't yet seem anyone assert that the First Amendment should only apply to journalists. I occasionally see implications that members of accredited news organizations should enjoy immunity from prosecution for espionage, libel, etc. but that's not quite the same thing. If you mean to imply that the existence of espionage laws is a clear violation of the First Amendment, you probably should state it explicitly, since that is not a commonly help proposition.
Or was this a deliberate illustration of the phenomenon the post was describing?
My girlfriend and her roommate were having trouble deciding between apartments to move to. I visited the girlfriend's favorite with the group and asked the roommate "Which bedroom do you want?"
The more she thought about that question, the more she imagined herself choosing that apartment.
It's really just the pattern "unspoken premise", which happens all the time, usually accidentally. Rarely can you know whether the person did it intentionally, except when a salesman asks someone contemplating a purchase, "Would you like to take it home today, or have it shipped?"
Sales and marketing are the Dark Arts.
One common example is that whenever there's a real or perceived national problem, the question that gets asked is what are we going to do about it.
Where "we" implicitly means the government and the "do about it" means creating a new law and probably a new bureaucracy whose job will be to "do something about it".
No - a circular argument tries to prove its presupposition. This method assumes its presupposition, then draws attention away from it.
My question about this article is when can this technique not be used as a Dark Art?
It may be true that this is the best way to spread a belief, but isn't getting people to accept beliefs without thinking the opposite of what we are trying to do on this site?
I think everyone will agree that a zygote is, strictly speaking, human from the beginning. What they're arguing about is when it becomes a person, i.e. when it has rights to life. Also, they're probably deontologists.
"Human" is a word with many meanings, interpretations, and implications, not all of which are satisfied by the condition of possessing human DNA. "Person" is likewise disputable.
And I hate to sound like a style guide, but the phrase "everyone will agree that [x]" is false almost without exception and should probably be avoided.
It's particularly interesting because journalism and espionage are being set up as a dichotomy here even though espionage is a subset of journalism.
I believe our constitution to be the least-bad construction of a government yet implemented in a pluralistic society, and that in general our government is at least as transparent (given it's size and scope) as there is.
That is... interesting. Is that a commonly held belief among citizens of your country, personal patriotism or something that non-Americans can be expected to agree with? As an outside observer I've been given the impression that the construction of your government is a mixture of comical, quaint and scary. It isn't terrible but 'best' is a big claim to make.
Sun Tzu said, "The supreme art of war is to subdue the enemy without fighting." This is also true in rhetoric. The best way to get a belief accepted is to fool people into thinking that they have already accepted it.
(Note, first-year students, that I did not say, "The best way to convince people of a belief". Do not try to convince people! It will not work; and it may start them thinking.)
An excellent way of doing this is to embed your desired conclusion as a presupposition to an enticing argument. If you are debating abortion, and you wish people to believe that human and non-human life are qualitatively different, begin by saying, "We all agree that killing humans is immoral. So when does human life begin?" People will be so eager to jump into the debate about whether a life becomes "human" at conception, the second trimester, or at birth (I myself favor "on moving out of the house"), they won't notice that they agreed to the embedded presupposition that the problem should be phrased as a binary category membership problem, rather than as one of tradeoffs or utility calculations.
Consider the recent furor over whether WikiLeaks leader Julian Assange is a journalist, or can be prosecuted for espionage. I don't know who initially asked this question. The earliest posing of the question that I can find that relates it to the First Amendment is this piece from Fox News on Dec. 8; but Marc Thiessen's column in the Washington Post of Aug. 3 has similar implications. Note that this question presupposes that First Amendment protection applies only to journalists! There is no legal precedent for this that I'm aware of; yet if people spend enough time debating whether Julian Assange is a journalist, they will have unknowingly convinced themselves that ordinary citizens have no First Amendment rights. (We can only hope that this was an artful stroke made from the shadows by some great master of the Dark Arts, and not a mere snowballing of an ignorant question.)