Tuesday, March 31, 2015

"Jackie lied, Erdely lied, Rolling Stone lied, Teresa Sullivan � at best � went along with a lie. All should face more consequences than they have so far experienced."

Writes Instapundit in what might be the longest ever Instapundit post � with excerpts from Ashe Schow ("Why the Rolling Stone gang-rape story will never be labeled a hoax") and Cathy Young ("The UVA Case and Rape-Hoax Denial").

My question is: Why "more consequences" and not the usual and classic free-speech-loving remedy more speech? It seems as though more speech is working out well enough, or is the complaint that anti-rape activists are still going to use Rolling Stone story to maintain the feeling that something terrible is happening out there? That complaint is a concession of the weakness of your side of the debate. Improve your debate. Your more speech needs to be better. The grim call for consequences is chilling.

ALSO: This post was down for a short time, not because I intentionally took it down, but because I mishandled an open window.

AND: Instapundit responded to this, saying:
Yes, �more speech� is a remedy for opinions one doesn�t like. When speech falls into the category of actions � which false accusations certainly do � it calls for more than simple talk as a response. (But note that Jackie was smart enough not to file a police report, though that should have been a tip-off). And I should note that the fraternity in question was the victim of violent mob action that was ginned up in part by the University of Virginia itself. Is the only remedy for officially-inspired thuggery �more speech?� No. That�s one remedy, but it�s not the only remedy, nor should it be.
I strongly disagree with the proposition that if free-speech law permits negative consequences to be imposed that we ought to want these consequences. I am promoting the more speech approach where the First Amendment would permit negative consequences.

Instapundit quotes a commenter of mine who says "The proper remedy for slander is not 'more speech.' The proper remedy... are [sic]  'consequences.'"

Proper remedy? I'm not purporting to be the arbiter of propriety here. I'm saying what I think is the better policy and the better approach to this political discourse. I called for more and better speech and rejected the "grim call for consequences" as "chilling."

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