Freedom of Speech is not Freedom from Consequence

‘It’s not transphobic to have concerns about transgender people,’ say various users of Mumsnet, outwardly liberal columnists, some politicians, and certain bigots who attempt to slide a wedge between trans women and feminism.

Hold up. What do they think the word ‘transphobia’ means?

If we swap the word concerns for fears it is textbook definition transphobia.

Of course that’s linguistic gymnastics. I guess you’re either prejudiced or not. Prejudice is so much more than a word: it’s a gut-deep, gurgling suspicion or malice towards a person or a group. These prejudices are perhaps based on nothing; on experience; on tradition; on tabloid rumours. Whatever the origin, taking that prejudice and applying it to countless, nameless people is a phobia. If you have ‘concerns’ about a whole bunch of transgender people, the vast majority of whom you don’t know and have never met, you are transphobic.

If you have met me and you still think I’m a cunt, that’s fine, I guess.

Amongst a litany of things transgender people are baselessly accused of, we are often told we are ‘silencing’ our critics. If only I could, they’re so fucking noisy. Ah yes, the refrain of bigots everywhere: ‘what about FREEDOM OF SPEECH?’

I always feel this is the last resort. When you have nothing left, it’s the crossed fingers behind your back or the ‘gotcha’ moment on a hidden camera show. One can rationally expose prejudice and discrimination, you can fall back on laws and legislation, but…oh wait, what’s that? ‘Freedom of speech’, you say. Oh great, I guess you win then? You got to speak.

Of course, debates around freedom of speech often lead to a brand of sixth form debate team mental yoga in which, if we silence homophobia, islamophobia, transphobia and racism, we risk villainous despots using those rules to similarly restrict political prisoners, amnesty, protesters and, heaven forbid, trans columnists from having a voice. That’s a valid point, and the reason why laws and legislation around freedom of speech should be closely monitored by both organisations like Amnesty, the UN, and governments. Restricting hate speech is clearly defined and set out in law: you cannot incite violence against those with ‘protected’ status. That includes transgender people because we are especially vulnerable to violence and harassment.

On a personal level, this means you, broadly speaking, have the right to say whatever half-arsed thought pops into your head. What no-one has the legal or moral right to is freedom of consequence. Such a thing does not exist. If you say outrageous things which promote violence, such as revealing the address, schools or workplaces of trans people, you can and should expect to feel the long arm of the law. This is letting violent bigots know where to find their victims. If you’re caught on camera speaking at foam-at-the-mouth rallies in which you advocate violence against trans women, expect to get a knock at the door from a police officer.

Another, and perhaps more likely, consequence of publically spouting off about trans people is you might find some theatres, universities and other arts spaces start to withdraw their offers of hosting you as a speaker. This has become known as ‘no-platforming’. Yes, this is a consequence of your words. If your words are unappealing, you can’t blame people for finding you unappealing. This is true especially if hosting a bigot is going to bring about consequences for the venue or organisation as a whole. Why would a space or company wish to associate itself with ass-backwards, hateful views?

It bears repeating: freedom of speech never came with a guaranteed booking at a university or literary festival. You have no right to a platform. It is the platform’s freedom of speech to say ‘no’.

Social media is one such platform. They too have the right and freedom to decide who gets to use them. Again, no-one ever said that your freedom of speech included the right to go into someone else’s home (in this case an online home) and say utterly abhorrent shit. If someone came into my house and started saying ghastly, prejudiced things, I would ask them to leave. Mark Zuckerberg and Jack Dorsey, among others, created these platforms. They do not ‘belong’ to us, as has been made abundantly clear in the way our data has been harvested from these sites.

For me, a trans woman living in the UK, this isn’t just about my freedom of speech, it’s about my freedom, full-stop. ‘We’re being silenced,’ whine people who advocate the restriction of my actual movements; my access to medical care; my ability to possess a birth certificate; my right to simply exist in my skin. But it’s not true. No-one is sliding a gag over their mouths. Instead, it’s just that some people are saying, ‘you can’t say that shit here’ or ‘you’re a bigot’ and that is very different. That’s our freedom of speech.

And if I see or hear something that is wrong I am absolutely free to say that I think you’re transphobic.
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I hate the "fire in a crowded theater" analogy and its various permutations. It originates from an effectively overturned Supreme Court case, Schenck v. United States, in which the court ruled that opposition to the WWI draft was not protected speech, which it obviously was, and the whole case was a constitutional aberration. This was corrected in a subsequent case, Brandenburg v. Ohio, where the scope was limited and specified to "speech which is likely to incite immediate lawless action", for instance inciting a mob to harm someone, or inciting a riot. In order for speech not to be protected by the First in this context, it has to successfully create an immediate and present danger, and that's a pretty high bar to meet in terms of speech. When you mention the crowded theater, remember that it came from the government persecuting an individual for their opposition to war, it's not some kind of triumph of reason like it's often touted as.
 
i agree with all the points you made, and it's true that transphoiba should not exist or be a thing,
trans people or anybody regulaess of race/colour/gender should have equal rights like everyone else does, it's only fair and just,
am i right or wrong to think so?

it's so sad to see people who are different from others being bullied or even denied their rights, it's simply sickening and so wrong and as a society or human race it is de-evolutionary instead of evolutionary.

animals repsect each other better than humans do?
 
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yes, I'm a "Phobic" Guilty as charged! Guilty to the charge of being "StraightPhobic"! Sorry, sorry, sorry. May everyone Forgive me on that charge. Please. But I've been put down all my life, both physically and mentally, that it just "IRKS" me to being abused by the society that keeps telling me "It's not right". Sad :sad:. One would think we've been past that point. Sorry, I shall stop rambling on about it. Thank all of you for your patience in reading this. [bows down].
 
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Nah you get reported when you actually post something homophobic or transphobic. Plus OldBoi basically said he was straightphobic because of years of abuse you know from straight people. So yes OldBoi has every right to be phobic of straight people for what straight people have done to OldBoi.
 
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For BLM's message, yes i agree that racism isn't right, and it shouldn't excist, but in my view BLM is doing the same thing by trying to get the message misformed by making and taking steps towards the definition: only black lives matter, that is racism just the other way.
yes i want equal rights, you can't ever get equal rights by claiming it this way.
everyone should have the same rights anywhere, this means you get the right to choose your gender (even though i don't understand why someone can't love him- or herself the way they're born), it means freedom to choose lifestyle, freedom of (non)religio, freedom of partner choice. it also means equal chances and rights.
it doesn't mean that if there is are 2 people going for a job the one with red hair (just meant as example) should always be prefered, but if those people have the same qualifications then it should be more like the red haired if noy done enough before, maybe prefered.
still someone also needs to be able to function in a group for doing thier job, and sometimes this means on paper the job should go to the red haired, but in real life there's more then meets the eye.
someone shouldn't be placed in a position of disfunction. by disfunction i mean like a coworker of mine had before, he got a job before in a true christian company, he as he is budhist never really fitted in, he could do the basics of his work, but he didn't blend, and they tried as did he.
now he works in a larger company, where there's a lot more mixing of profiles, here he can function better, and it's working for everyone.
not always is a situation plain as it meets the eye.
Black lives matter alike all lives do, why it shouldn't be black lives matter is because this triggers fear as much as hate, so it will never ever workout the way you wanna go.
you want equallety start with yourself.
 
Ngl, I am pretty cis and straightphobic ¯\_(ツ)_/¯ Kind of hard to trust the same groups of people who abused me my entire life and still act like I am the problem for just trying to live my life in peace.
 
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