Battle Against Hate Speech?

Bob Pearson, co-author of Countering Hate and CIO of W2O Group says that AI is able to identify hate speech today.

All human beings follow patterns online.  You can see what language, content, channel, and people matter to them. You can see which words trigger information seeking, which language is most associated with hate topics or sites, which people are the most important influencers and you can see a range of behavioral characteristics.

Except that humans can’t define “hate speech;” we can’t even define “hate.”  All that can be done is for each of us, individually, to identify what it seems like that to us—not what it is to anyone else.  A Justice’s remark about pornography—that he couldn’t define it, but he knew it when he saw it—is worse than wholly inadequate when Government tries to regulate speech, or when private enterprises try to regulate speech in the public spaces they create as their business models or offshoots of them.  Such regulation is a threat to individual liberty.

Artificial Intelligence certainly is not up to this task of discriminating unacceptable speech from acceptable.  The definitions of those terms will be programed by a select group of humans—who can’t define the terms except as they personally apply the terms to themselves.  This frangibility is demonstrated by those cases that go to jury trials and the differing outcomes differing juries reach on substantially similar cases.  All AIs can do is reflect the prejudices of their programmers.

How, indeed, is “hate speech” to be discriminated from the merely rude or offensive or uncivil speech?  To narrow the thing a bit, think about civility—simple courtesy.  Why should a New Yorker’s version of civility be forced to take a back seat to a Midwesterner’s or a Californian’s version of civility?  Why should one of the other two be forced to take a back seat to a New Yorker’s version?  On what basis would any definer pick one or identify a middle ground that doesn’t wind up being a more insidious censorship?

Consider Marshall McLuhan’s the medium is the message.  Sometimes the overt rudeness—even “hate”—is a demonstration of a point.  Is burning our national flag an act of hatred or political speech?  Is posting a picture of Mohammed…?  Prove it: it’s a hard line to draw between that and rudeness on the one hand or actual hate on the other.

Not even civility is “simple.”  How is something as complex as hate speech to be handled?

Yet the whole argument over identifying, and then censoring, hate speech is irrelevant other than the threat to freedom that is that effort to identify and censor.

The problem he [Pearson] says, is that Facebook and other companies have not taken up the charge to make the battle against hate speech a major priority.

No, Pearson is utterly wrong on this.  Facebook, et al., must not take up the battle, any more than can Government be allowed to.  Any effort along these lines can only be the despicable bigotry and the equally shameful cowardice of censorship.  Bigotry because all such efforts amount to is one man, or a small group of them, imposing his prejudice of acceptability on the speech of all others.

Hackneyed as it’s become, Justice Louis Brandeis still is right: the answer to bad speech—however defined—is more, and better, speech—however defined.

Engage in the discourse, don’t cower away from it.

A Judicial Miss

Recall the Marquette University case wherein a graduate-student instructor, Cheryl Abbate, shut down debate on the subject of gay marriage, arguing that views that didn’t accept such things were “homophobic and unwelcome in her classroom.”  Tenured Political Science Professor John McAdams objected, in blunt terms, to the evident bigotry demonstrated by Abbate in a personal post on his personal blog.  Marquette disciplined him for disagreeing—that’s a violation of Marquette “speech” policy.  McAdams demurred and took Marquette to court.

Milwaukee County Circuit judge sided with the university. The judge, David Hansher, wrote that academic freedom “does not mean that a faculty member can harass, threaten, intimidate, ridicule, or impose his or her views on students.”

And yet, that’s exactly what the graduate-student instructor was doing. Hansher needed to pay actual attention to the facts of the matter.

Free Speech

The Supreme Court has taken up the case of National Institute of Family and Life Advocates (Nifla) v Becerra, whose proximate subject centers on abortion rights but whose real subject is freedom of  speech.

California’s Reproductive FACT Act, the law in question in NIFLA, requires pro-life centers to advise their clients of the availability of abortion centers.  This is forced speech, and it destroys the 1st Amendment’s protection of freedom of speech, since speech cannot be freely spoken if it cannot also be freely not spoken.  This is as true for factual speech as it is for opinion speech.

The Supreme Court expressly held as much…when it rejected a distinction between compelled statements of opinion and compelled statements of fact, finding that “either form of compulsion burdens protected speech.”

Indeed. And one obvious consequence of losing that distinction (by, for instance, ruling for Becerra rather than for NIFLA) would be to expose all news outlets to lawsuits over their editorial choices of what sets of facts to publish and what to withhold in every single article they publish.

Progressive-Democrats and Free Speech

The DoJ and several States are moving to protect free speech on college campuses, with three States moving to pass legislation explicitly for the purpose, and ten others with legislation already pending.

Liberals and their Progressive-Democrats object.

Many Democrats say the Constitution already protects free speech, and that states have no need to micromanage how colleges handle student demonstrations and speakers.

This is just cynical, though.  Or, 8th-grade Civics wasn’t a safe space for them, and they were triggered into not listening.  These Progressive-Democrats are ignoring the fact that the mere existence of our Constitution is no protection at all; it must be actively enforced.

And:

Many also object to the penalties some measures are calling for, such as fining or firing—in the case of professors and other college employees—those who are deemed to have deprived the free speech rights of a person or group.

No, we can’t hold Liberal professors or others favored by Progressive-Democrats accountable—those folks are special.

Distraction

Top Democrats are calling on Facebook and Twitter to investigate and release information behind potential Russian-linked accounts pushing for the release of a sealed congressional memo allegedly containing details on US government surveillance abuses.

It couldn’t possibly be that there really is a broad public hue and cry to that information released.  Us uninformed voters, denizens of fly-over country, couldn’t possibly know enough to demand the release on our own.

No, Senator Dianne Feinstein (D, CA) and Congressman Adam Schiff (D, CA), the two “top Democrats” in the quote, are desperate to have a distraction.  Us uninformed might find out too much.

It’s rich coming from a Senator who released to the public, unethically, a Senate Judiciary Committee report concerning Fusion GPS and then blamed her unethical behavior on having taken cold medicines and so she wasn’t thinking clearly.  Feinstein and I are of an age, and I’ve taken cold medicines, too.  They’ve never addled my brain.

It’s also a bit much coming from a Congressman who’s not the least bit curious about the Steele dossier; he just wants that matter dropped.