This makes me wish I had a functioning RSS reader going so I could subscribe to the site. Maybe I’ll go old school and create a tab with sites to check in on frequently, since Google Reader went belly up I’ve just been letting twitter function as a stochastic link awareness feed, but I’d like some specifics to always be on there, because stuff like this is gold:
“the First Amendment prevents the government from punishing us for most speech.
Private consequences are something else. Speech is designed to invoke private and social consequences, whether the speech is ‘venti mocha no whip, please,’ or ‘I love you,’ or ‘fuck off.’1 The private and social consequences of your speech — whether they come from a barista, or your spouse, or people online, or people at whom you shout on the street — represent the free speech and freedom of association of others.
Yet people often confuse these categories. It’s one of the fundamental errors of free speech analysis that I like to write about the most. I praise people who get it right — like a university administrator who points out that racist speech is not sanctionable, but will have social consequences — and ridicule people who get it wrong — like people who apply the term ‘bullying’ to any criticism of their speech, or assert a right not to be criticized for being an asshole, or generally proclaim that criticism is tyranny.
Yet the idea persists.”