Advocation of violence is not Freedom of Speech. Violence equates to denying others their rights. Governments have the obligation to preserve the state.Originally Posted by LegioXXXUlpiaVictrix
So sadly the advocation of the violent overthrow of the established authority does not fall under Freedom of Speech.
Protesting the actions of the government - calling for the the election process to remove the current government is within the concept of Freedom of Speech. Calling for the peaceful removal through the democratic process should always be protected speech because it allows for peaceful dissent to the government.
However advocations of violence does not have legality when facing the state. The state has the legal obligation to prevent violence. Prosecution of sedition does not equate to anti-democratic action.
I believe in your attempt to equate morality, legality, and justification you have confused yourself concerning my point.Don't you see the difference between the state preserving itself and the government preserving it's claims to the power? Overthrowing a government but maintaining the democratic system - making the new government being chosen by election - preserves the state while overthrowing the government.
Freedom of Speech enables one to voice his dissatification with the course the government is taking, it does not protect one from their advocating the violent overthrow of the established authority. Seditous speech is not protected speech.
Not the issue at hand. States have the obligation to perserve itself. Governments without popular support always fall. If its done through the non-violent process of the democratic election process where the dissent agaisnt the government is done in the ballot box - the government loses it's mandate and a new government is established.
Furthermore, if a government has so little public support that it would fall immediately if someone spoke in favor of overthrowing it, would you consider such a government justified to hold power?
The speech involved in this process protected speech by most governments
If the people chose to use violence to overthrow the government - the government has the obligation to preserve itself and the nation state.
The speech involved in this process is not protected speech by most governments.
I also see your attempting something here - justification is different then the legal obligation of the state to preserve itself. Address the legality and the morality if you will - the justification falls within the moral perview of the individual. The state has the obligation to preserve itself
The illegality of the statement depends upon if the individual is speaking of violent overthrow or the recall process involved in removing a politican from office.Also, merely speaking in favor of overthrowing a government, without overthrowing it, can hardly be considered any danger to anyone under any circumstances. Let's say I'd say, after Hitler got elected and decided to soon pass a law that all Jews should carry badges: "If Hitler passes that law, I think his government is undemocratic and should be overthrown". Do you think such a statement should be illegal according to a state's laws?
One is protected speech the other is not.
Tsk tsk - have you lost your temper?Finally, make sure you understand what law is for! Law is an attempt to make a formal version of our morals. We punish murderers, because we think murderers are bad guys. We punish rapists because we don't support rape. We punish violence because we don't support violence. None of those choices of what is to be defined as a crime are arbitrary, they're formed by our own sense of morality, but altered slightly to allow for a strict interpretation - we must find precise definitions, rather than just use the half-subconscious judgement or intuition we use when we relaxedly reason about morality. And the exact definitions are also useful for legal safety of citizens, so that every citizen, before any act, knows whether that act will be considered a crime or not, to make up for the slight differences in moral intuition that we have. We state beforehand when the action will pass the line of being a crime, so that we may make it justified for ourselves to punish the citizen if he commits the act.
You have confused yourself in attempt to look for a specific definition, especially when one was given. I have stated that advocation of the violent overthrow of the government is not protected speech. You use the term overthrow. Your definition is general - my comment has a specific set of conditions that makes it non-protected speech.
Advocation of violent overthrow of the government - is inconsistent with the legal code of most free states.
Advocation of the overthrow of the current government through the democratic process of the nation is protected speech because it follows the legal established authorities mandate to power. Democracy is indeed a dangerous thing. WIth Freedom comes responsibility comes to mind once again.
Where in any legal code does it advocate the use of violence other then the preservation of self?
violence is inconsistent with the legal code of most states. Violence ensures that Freedom of Speech falls.What I'm saying is the following - this is the very core of my message:
- a nation should by law allow every citizen to speak in favor of overthrowing it's government (by violence if necessary), but not in favor of destroying the country in itself or destroy it's system (but allow them to speak in favor of altering the system to allow for more democratic safety - i.e. like adding amendments). The moment any official of the nation decides to imprison or otherwise punish someone for using this freedom of speech, the country can immediately be considered to have passed the line of democracy and has become a dictatorship, and that it's leadership (government) is justified by law to not only speak in favor of overthrowing, but also to overthrow in practise, by any degree of violence necessary.
I have made it clear - it is you who refuse to read what is stated. Violence is not protected Speech nor is it consistent with the concept of Freedom of Speech.Again I ask you to make clear the difference between preserving a state and preserving someone's claim to a position of power. Overthrowing a government but electing the next one by normal voting procedure doesn't threaten the state. Even less does it threaten the state if someone merely speaks in favor of overthrowing a government, and doesn't even act. The less able you are to critize the government angrily, the less able the government is to know that you're disliking what they do, and the more prone they are to continue doing what they are doing wrong. The more freedom of critizising the government is removed, the less able the government is at knowing what the people wants, and the less able at being democratic it becomes.
THe government has the obligation to preserve itself and the state. The people have the moral obligation to insure that the government acts in their best interest.
When the two clash - ie the government does not serve the people - then the democratic and protected under the concept of Freedom of Speech course of action is peaceful protests against the government and the advocation of the recall process to remove the current government.
Violence is not protected speech. When the government goes so far that it requires the violent overthrow of the government - don't expect the government to allow for the advocation of its violent removal. Violence and its advocation does not equates to protected speech in a democratic society.
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