i would say what you have outlined is consistent with “free speech”. germany, for instance, has very high freedoms while still restricting membership in nazi parties, displaying nazi iconography, publishing...etc.
i think if the line is delineated legally, explicitly, clearly that this restriction adds freedoms to those who would be restricted were free speech absolute and the screams of the intolerant drowned out their pleas for survival.
i think the perception this does not qualify as free speech because it is not absolutely free in a libertarian sense (i can say literally whatever sequence of things i can imagine, i can transmit literally any sequence of bits, i can portray literally anything in film/video games) is a strange and mostly american one.
to be clear: i agree free speech is important and am not particularly arguing against it in the american context here either—one thing that i think is better in sum in american is the high degree of press freedom due to america’s extremely high legal standard for libel. i just wanted to comment on the sociological phenomenon i see where there is “free speech” and “this other thing where it is free speech as most other places would recognize it”.
this is just one of the things makes america peculiar, in a special sense. blessing and a curse, and in total i think the lumps are worth the rest of the pudding.
Germany is a special case. Recognizing that exceptions to freedom of speech are problematic and can lead to slippery slopes, Germany considers its history to show that they are unable to handle and restrain Nazism under the usual democratic processes.
(Whether this particularity has expired is a separate question.)
i think if the line is delineated legally, explicitly, clearly that this restriction adds freedoms to those who would be restricted were free speech absolute and the screams of the intolerant drowned out their pleas for survival.
i think the perception this does not qualify as free speech because it is not absolutely free in a libertarian sense (i can say literally whatever sequence of things i can imagine, i can transmit literally any sequence of bits, i can portray literally anything in film/video games) is a strange and mostly american one.
to be clear: i agree free speech is important and am not particularly arguing against it in the american context here either—one thing that i think is better in sum in american is the high degree of press freedom due to america’s extremely high legal standard for libel. i just wanted to comment on the sociological phenomenon i see where there is “free speech” and “this other thing where it is free speech as most other places would recognize it”.
this is just one of the things makes america peculiar, in a special sense. blessing and a curse, and in total i think the lumps are worth the rest of the pudding.