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That freedom of speech must include freedom to offend

(PRO)
WINNER!
5 points
(CON)
0 points
BifurcationsBifurcations (PRO)
I would like to thank my opponent for accepting this debate and I am looking forward to an interesting discussion.

In this round I will explain what freedom of speech is and why it exists, then I will look at offence on an individual basis and finally what happens when a state takes offence.

Before I do that I will explain what offence is for the purpose of this debate.

DEFINITIONS

Offence is a subjective feeling that a person or institution can have when an intrinsically held opinion is criticised or when another opinion that is diametrically opposed to their view is offered.

An offensive statement is not anything that would be considered a hate crime defined as follows: "A hate crime is usually defined by state law as one that involves threats, harassment, or physical harm and is motivated by prejudice against someone's race, color, religion, national origin, ethnicity, sexual orientation or physical or mental disability." While the definition of a hate crime can vary I would like to take the definition I outlined as a reasonable definition and standard for this debate. There are also limitations on free speech when it incites violence or in the case of libel. Anything that is offence that would fall under these categories is outwit this debate by current legal standards in the US, UK and others.

I also want to say that this is not a celebration of people saying things to cause offence just because they can. It is a right not a hobby. People who see themselves as "free speech warriors" making horrendous comments to provoke people and get a reaction are childish and they are undermining the real and crucial need for the freedom of speech to include the freedom to offend.

So what is the need for the freedom to offend? 

It is the ability to criticise ideas, philosophies and opinions and present your own even if those views are deemed "wrong", "offensive" or "unpalatable" by the general society or the group that holds the views that are being criticised.

That is what I will be defending and arguing for throughout this debate.

1. What is Freedom of Speech and how is the Freedom to Offend used?

According to Amnesty International free speech is this:

'Free speech is the right to seek, receive and impart information and ideas of all kinds, by any means.'

This means that in cases where your opinion does not lead to an objective harm as outlined in my definitions then you should not be censored. A criticism is that offence itself is a type of harm and therefore voicing opinions and ideas that case offence should be banned or censored. The problem firstly is that offence is subjective and highly individual. There are many ideas that can be offence to different people in different ways. The fact that freedom of speech exists is probably offensive to Kim Jong-un and yet it is ratified into the American constitution. It would be simply impractical to censor every idea that offends someone or to try and ban "offensive views". 

More importantly the right of free speech would not exist without the freedom to offend. Freedom of Speech and the benefits (liberalisation and personal freedoms) that it brings depends upon diametrically opposed opinions being discussed. It is precisely this clash in the idea melting point that leads to new and improved ideas being formed. Freedom of Speech has to be applied to everyone because each individual has had a unique lived experience and therefore has a unique understanding of society. We have to take all of these opinions and view points into consideration if we are to properly understand the society that we are currently living in and therefore how to improve it. 

This improvement and development can crucially only happen if ideas are criticised. It is only when an idea or philosophy has been questioned and criticised from every angle if we know that it is robust and therefore as close to an "absolute truth" as we can get. It is precisely the criticism, even if it causes initial offence, that changes peoples minds and allows for policies like same-sex marriage to passed. 

Criticism is often done poorly and people resort to ad hominem attacks because most people are not skilled at presenting ideas or using rebuttal. This does not mean that we should not protect the right to offend it simply means that debating and public speaking are crucial skills in allowing people to access their right to free speech and that Governments should do more to teach these skills. We have to protect inherent rights particularly when many people do not know how to access them because these are rights that allow you to function successfully in a society and we are forced into societal structures. We must allow people the chance to learn and to become skilled so that they can have full use over these rights.



Then we come to the same balance of harms that has to happen when the rights of two people or groups clash and lines become blurry. 

2. Why is the Freedom to Offend important on an individual basis?

This comes down to our ability to challenge and address bad ideas. Offence goes both ways so when someone makes a comment that is offensive towards someone we can challenge that view even if it means using offence back. It is the fact that opinions are aired and challenged that allows us to provide a platform for real information on the subject to be discussed. Derogatory and demeaning opinions often come from a place of ignorance so if we can challenge those opinions with rationale and facts we have a chance of changing peoples minds and informing others that participate in the discussion. When we deny people the right to express offensive views those opinions won't disappear they will simply just be aired in groups where those opinions are already accepted. This creates an echo chamber and makes it harder for opinions to be challenged at all.

I will now look at two examples of where offensive opinions have been aired and challenged. 


Germaine Greer is a 2nd wave feminist who recently gave an interview about her views on trans women and how she believes they are not "real" women. A response by trans columnist, Rhyannon Styles, was then published in Elle magazine. Styles explained that she believes Greer's opinions came from a place of ignorance and so she described some of what she went through on her transition to be a woman. She challenges Greer's assertions, saying:

"Transitioning is not about wanting to take away from womanhood, but rather about an individual learning to navigate the world in a way that he or she feels comfortable with."

The opinions of Greer are offensive to many people, trans women and cis women alike, and the fact that she is told those views are wrong is offensive to her. Great, everyone is offended. So what did it achieve? Well first of all it meant that many feminists, 2nd wave in particular, had to denounce her which meant that there was a public platform created for feminists supporting trans women. This in many cases has not happened as trans women are difficult to reconcile with some feminist's  ideologies. However this mean that voicing that support was necessary and provided an alternative narrative for trans women in the feminist movement. It also allowed Styles a chance to speak out and educate people on what being trans was like, about the problems she faced and the friends she lost. That means there is another opportunity for trans women to speak out when people are open to voicing their support for them. It is sad that we live in a world where offensive views about minorities exist but I would rather those minorities had a chance to publicly speak out against those opinions than live in a  world where those views exist but cannot be challenged.


Donald Trump is campaigning to be the Republican candidate for the President of the USA and has become infamous for making bizarre, mad and offensive comments. He has made racist comments about Mexican people, said he will deport all muslims and has made misogynistic comments about women (even his own daughter). These comments are, to many people, insane but people are voting for him because they feel he represents them. John Oliver devoted one of his episodes to taking apart the validity of Trump's opinions. This meant that the lies and the deception that Trump builds his campaign on were publicly undermined. This is particularly important because people are voting for Trump, believing the illusion he has created. If even a few people are convinced that Trump is lying after watching Oliver's show that means those votes will not be wasted. It also means that the people who share Trump's opinions are also challenged because Trump and Oliver used their platforms to discuss conflicting opinions.  

3. Why is the Freedom to Offend a State or large institution important?

States and large institutions, like religions, have an immense amount of power and control over individuals (their lives, beliefs, customs etc). Challenging the opinions and views that these institutions are enforcing on their people should be challenged to ensure the freedoms and safety of the people. 


India has a severe problem with the treatment of women and the acceptance of violence. Much of the justification for this violence comes from the cultural use of Izzat (honour). This is also something that shapes the policies of the Indian Government ( see the vast amounts of poverty but the large amounts of Governmental spending on the space industry). The documentary, India's Daughter, looks at the rape and murder of medical student, Jyoti Singh, and the protests the case sparked. It shows the disturbing beliefs held by the defence lawyers on women and how even though there can be harsh punishments handed out for violence against women it is ineffective in tackling the belief that men are justified in raping and killing women. One minister's reasons for banning the film was quoted in the New Statesman article:

"M Venkaiah Naidu,said: “We can ban the film in India. But this is an international conspiracy to defame India. We will see how the film can be stopped abroad too.”"

We have to be able to challenge the beliefs held and allowed by states especially when these views cause actual harm to the citizens of that country. The ability to challenge India on it's issues with violence against women and poverty is crucial to those citizens being freed from the culture that oppresses them but it can only be done be offending India's honour. 


This is a difficult conversation because it is a very current and emotionally charged debate however it is a good example of using the right to offend to challenge an institution. The debate is currently framed as this: does the core of Islamic teachings allow for violent control or has the religion been hijacked by extremists. My personal opinion is that the answer is somewhere in between these polar views. No matter what the "right answer" is this is a discussion that as to happen, and can only happen because we have a right to offend. With the problems faced across the Muslim world we need to find a solution to the problem. Being able to challenge the teachings of Islam is an important part of this discussion. There can be no denying that the treatment of minorities under Sharia is damaging and without the ability to challenge that rule and challenge what Sharia means to  Islam means that we are abandoning vulnerable muslims to an institution (and in some cases, a state) that has complete control over them as individuals. This conversation might be difficult but it is more difficult to be a gay muslim at the mercy of Sharia. 


Conclusions

I have shown that the Freedom of Speech cannot be fulfilled without the right to offend from a principled perspective then from the examples of challenging individuals and challenging states or institutions.

I look forward to the rest of the debate.

Return To Top | Posted:
2016-03-12 05:33:16
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DebatingAngel😃DebatingAngel😃
Look CON. I'm sorry but your debate wasn't as good a PRO'S! Just like DHS15608 said, you forfeited. You were thrown back by the words used.
Angelxxx
Posted 2016-05-01 23:10:34
Bi0HazardBi0Hazard
CON realizes he can't successfully debate PRO. So he forfeited.
Posted 2016-04-13 10:33:45
DimblebyDimbleby
I feel bad for Pro... why has Con even bothered to take this debate?
Posted 2016-04-01 13:45:15
The judging period on this debate is over

Previous Judgments

2016-04-29 18:13:42
Bi0HazardJudge: Bi0Hazard    TOP JUDGE
Win awarded to: Bifurcations
Reasoning:
CON forfeits, so I have no choice but to choose PRO as the winner. PRO has the advantage here anyways since people get offended all the time without the other knowing it, so freedom to offend is stuck with freedom of speech. I really can't see how you could argue against this unless you mean threats by offending.

Feedback:
CON, do not forfeit debates. People who forfeit are the losers. I am thinking there was a reason CON didn't participate.
PRO, Good Job, I can't compare yours to the opponent but I think you did great.
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2016-04-30 21:18:56
adminJudge: admin    TOP JUDGE
Win awarded to: Bifurcations
Reasoning:
This should be fairly self-evident as pro made an effort and con, frankly, didn't. Despite this I wanted to offer some feedback to both sides.

Feedback:
The usual neg line in these debates is that when you provoke people into attacking you, you often get attacked. Grossly offensive speech, therefore, is a legitimate limitation on freedom of speech, as it promotes positive social values.

Such positive values are promoted in three ways, which typically form the three kinds of arguments you see in these debates: first, if you propagate hate and offensive language, affected individuals or groups may retaliate against you or others they may see as being in league with you. Think Je Suis Charlie. Second, you encourage others to offend them also, and you can get a sort of peer pressure going on that, should it reach a critical mass, can lead to mass attacks. This is what neo-Nazis do a lot with their rallies, and the recent arrests outside the German AFD headquarters are a more mild example. And third - this is a more nuanced point - on a more personal level, if you tell somebody they're worthless, often, they actually don't retaliate but rather start to feel worthless. This is why many countries ban incitements to suicide, for example. If you're a newer debater, these general pragmatic points will serve you particularly well because the impacts are all fairly clear.

A bit of feedback on the aff case.

I think it's a mistake to exclude hate crimes from the discussion by definition. Indeed I don't think there's any need for definitions at all in this debate, as it's all fairly self-evident. My rationale here is that your only justification for the definition is a legal standard, which is also subjective. Con could justifiably challenge this and then you're forced to explain why you don't support anything too offensive but do support things a little bit offensive (not necessarily an easy line to draw). When you justify that standard it undermines the rest of your case.

Your first argument is interesting because you're almost pressing con to present a counter-model, something like "what would be grossly offensive to an ordinary person in the position of the affected individual" to dispel this argument. I feel like this is maybe even too obvious a line and as neg I'd be afraid you're baiting me for something lol. It might be a good idea to just outright say what you're arguing against here is censorship of legitimate ideas. Sometimes good ideas might be, or might be seen to be, offensive to some people. By framing the point not around subjectivity but an absolute outcome, you shut off the immediate rebuttal. Censorship is definitely the strongest aff line.

I felt like your point 2 was almost like a follow-on from point 1. There wasn't much analysis to it but it was still substantive because it backed up your previous point. Just a bit unsure about structure here. I particularly liked the part about the views becoming insulated and not disappearing, which I felt was a good bit of nuance.

Point 3 was solid. Again I felt like more analysis would have been better. One example would have been enough, and you can always keep a second up your sleeve if you need it in later rounds. I think this point could have been troubling had the debate worn on, as in both of your examples, the larger institution held a view that, at least to us in the western world, would probably be considered offensive. As an alternative, consider analysing how personal beliefs are - often - socially constructed, so such institutions construct the meaning of "offence". For any kind of progressivism, therefore, a degree of offence is necessary. I think this was the point you were driving at, but it needed a few causal links there on the analysis side of things. Maybe with more rounds this would have come out anyway though.

Regardless, good case :)
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2016-05-09 08:00:08
DebatingAngelJudge: DebatingAngel
Win awarded to: Bifurcations
Reasoning:
Good going pro! every one is proud!
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