A Better Way to Ban Alex Jones

www.nytimes.com

Instead of banning Jones for "hate speech," a slippery category, ban him instead for libel and slander, argues David French. (Most of this take is just French complaining about conservative figures being labeled as extremists.)

To be sure, this would tie their hands more: Unlike “hate speech,” libel and slander have legal meanings. There is a long history of using libel and slander laws to protect especially private figures from false claims. It’s properly more difficult to use those laws to punish allegations directed at public figures, but even then there are limits on intentionally false factual claims.
It’s a high bar. But it’s a bar that respects the marketplace of ideas, avoids the politically charged battle over ever-shifting norms in language and culture and provides protection for aggrieved parties. Nor do tech companies have to wait for sometimes yearslong legal processes to work themselves out. They can use their greater degree of freedom to conduct their own investigations. Those investigations would rightly be based on concrete legal standards, not wholly subjective measures of offensiveness.

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