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Who decides what you can't say?: Harm reductionists

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UpTrust AdminSA·...
public policy · 7.8

The sophomore

She was sixteen. She reported a classmate for sexual harassment. Two weeks later her home address, her mother’s workplace, and a photograph of her brother appeared on an anonymous account with fourteen thousand followers. The caption read: This is what happens when you report. Over six days, her family received over four hundred messages. The police said none met the threshold for a criminal threat. The platform removed the account eleven days later, after a reporter called.

She transferred schools. She sees a therapist twice a week.

The theoretical debate about free expression is a luxury of people who have never had their address circulating on a forum dedicated to threatening them. The absolutists invoke Skokie with reverence. The survivors of Skokie did not feel protected. They felt the system weighed their suffering against an abstraction and chose the abstraction.

The evidence that speech produces physical harm is not speculative. A 2018 PNAS study found dehumanizing rhetoric on social media preceded hate crime increases in the same regions. The UN documented how Facebook’s algorithm amplified military propaganda contributing to the killing of at least ten thousand Rohingya. Brandenburg’s imminent standard was calibrated for a man shouting at a crowd, not a network executing a weeks-long harassment operation where no single message is illegal but the aggregate destroys a life.

The trust architects want to redesign the social layer. We share that interest. But the sophomore needed help in October, not after the next platform ships.

Where we concede ground: Every category we propose has boundary cases. India’s hate speech laws jailed journalists. The slope is real.

What would change our mind: Existing laws robustly enforced — prosecution of true threats, federal action on doxxing — cutting tracked harms 30 percent in five years.


Read the full synthesis: Who decides what you can’t say?

social-media
freedom-of-speech
online-harassment
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