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Vladimir_M comments on Schelling fences on slippery slopes - Less Wrong
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The Victorian law is one of those laws whose real meaning is quite different from its formal one. Read literally, it is a sweeping law that criminalizes anyone who says anything unkind about any religion. (It's literally criminal to "behav[e] in a way that encourages... revulsion or ridicule of another person, because of the other person's... religion," or to "encourage[]... severe ridicule of... [a] class of persons, because of their... religion.") Yet in practice, of course, it's tacitly clear what kinds of people should watch their mouths or else fear prosecution under this law, and who can in turn safely ignore it. (Generally, throughout the Western world, with the U.S. as a lone exception, modern speech restrictions commonly have this form, providing effectively a broad mandate for ideological censorship.)
Note also that a century ago people were tougher and had less to lose, so that much more severe penalties were necessary to get them in line. Also, a criminal or even just an arrest record of any sort is by itself a far more severe and permanent penalty for a respectable person nowadays than back then. Even defending yourself successfully in court will require a ruinous expense for everyone but the very rich, and this cost has gone up way out of proportion with income. So, while nobody in the West is facing ten-year sentences for speech these days, I don't think the chilling effects are much less severe than in the WW1-era U.S.
Edit: By the way, none of these Americans (as far as I know) actually served a full ten-year sentence. They were all pardoned in the early 1920s by Warren Harding under his policy of "return to normalcy."
I take pleasure in reading this. Sanity is out there somewhere!
Yes, but it certainly hasn't won out when you look at the way Woodrow Wilson and Warren Harding are remembered nowadays...
All else being equal (taking only the potential influence of these particular actions on popularity) that isn't encouraging. I don't know enough about US politics to know whether dislike of Harding is at all related to him having a nature such that he would make these (desirable) decisions.
How they're viewed has little to do with these decisions. Harding is seen as a weak President who was manipulated by those around him and who allowed corruption to flourish in his administration. The most famous example of this was The Teapot Dome Scandal. He may also, much like his successor Coolidge, have become associated with the boom that preceded the Great Depression.
Wilson is, unfairly I think, rewarded for leading America during WWI. This is in spite of the fact that he promised to keep America out of the war and managed to lose the peace that followed. Besides upholding sedition laws he did a number of other thoroughly un-liberal things.
That is true, literally speaking. The point, however, is that the qualities that got Wilson celebrated and Harding forgotten or despised in the century since then were actually the same ones that led the former to fill jails with political prisoners and the latter to consider it unacceptable to preside over a country whose jails are filled with political prisoners. Besides, compared to the way things were done under Wilson, holding these petty corruption scandals as a heavy sin against Harding shows a complete lack of perspective.
But here we are getting into a historical and ideological discussion for which this forum is probably not a good place.
Yes and no. In the last several decades there has certainly been a troubling trend of disregard for free speech in civil law - i.e. "cyberbullying" kinds of things, where people are now basically able to sue because their feelings got hurt. And you're absolutely correct about the cost of litigation having a strong multiplier effect on the "chillingness" of such suits. But in criminal law, things are definitely MUCH better today than they were in the WW1 era. For one thing we now have a de facto Shelling fence around punishment of speech which is explicitly political in nature (like protesting the draft).
I heard somewhere that for the civil rights protesters of the 60s, going to jail had a very different meaning than it does for protester types today. Respectability was a much bigger deal then than now - those people dressed up in suits to protest and be arrested. At the time, the only marginally well-known precedent for being arrested for a good cause was Thoreau. I know people now who are proud of their protest-related arrest records, but that wasn't really a thing before the 60s.