PrometheanFaun comments on Schelling fences on slippery slopes - Less Wrong

179 Post author: Yvain 16 March 2012 11:44PM

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Comment author: Vladimir_M 14 March 2012 04:03:22AM *  59 points [-]

There are also a host of other well-respected exceptions to free speech, like shouting "fire" in a crowded theater.

I wonder how many people would use this example nowadays if they knew that it comes from a WW1-era U.S. Supreme Court opinion upholding a ten year prison sentence for sedition against an anti-war activist -- whose crime was to distribute pamphlets arguing that military conscription is unconstitutional under the 13th Amendment, which prohibits "involuntary servitude."

(By the way, speaking of slippery slopes, the following year the same court upheld another ten year conviction for a speech whose content was carefully crafted to remain within the bounds of the sedition laws, but which was still judged to be illegal on the grounds of intent and indirect implication.)

Comment author: PrometheanFaun 09 April 2012 10:05:55PM *  11 points [-]

You may be correct, but the speaker in that case was probably referencing the Italian Hall Disaster, a genuine precedent. A rationalist can't just chose to ignore a data point like just because they don't like the way it's normally used.

Comment author: Benito 28 March 2015 01:46:47PM 1 point [-]

No,but he point is that what appear to be good examples are often used when they are inappropriate, so you should be wary of agreeing more with someone's position just because they say their case is analogous.