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Cake day: June 11th, 2023

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  • So for the first part, I don’t disagree at all. I just don’t think the logistics or theoretical necessity is a bearing on the symbolic-ness of it. Same for the effectiveness of it. Even if it changed literally nothing and no one would ever know I still wouldn’t shake hands with someone I considered evil.

    I don’t see defining a subset of what you consider evil, like dissemination of hate speech, to be a downside.

    There’s a lot of complex questions around a platform curating ideological content which could possibly make them loose certain platform protections. Right now most platforms are roughly content neutral because it allows them to be viewed as platforms, rather than publishers. This is more a response to the claim that there’s no reason for them not to remove ice. It may or may not be compelling, but it’s a real reason.

    As for the use of the word “service”, sometimes my hands type slower than my brain thinks. My intent was to convey “those who develop and control the mastodon license”. Hopefully my original statement makes more sense in that context.
    Those are the people providing the printing press schematic analog. Obviously an idea can’t support an ideology in that sense.

    I’m not of the opinion either supports them in a way that’s worth getting angry over.
    We also aren’t talking about being angry at ISPs for being willing to deliver packets to and from ice or Nazis, or any of the other entities that do less then the most they could possibly do to distance themselves.


  • ricecake@sh.itjust.workstoFediverse@lemmy.worldBluesky just verified ICE
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    18 days ago

    Says the fact that it’s come up multiple times amongst a wide swath of the open source community, and look about you. Those licenses aren’t used. One or two exist and have a vanishingly small usage level and a couple more I have been “in progress” for years.
    The people who write most of the open source licenses have explanations for why it’s not compatible.

    Group behavior is a collective decision and a reflection of the group.


  • ricecake@sh.itjust.workstoFediverse@lemmy.worldBluesky just verified ICE
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    19 days ago

    No, you’re not understanding what I’m saying. I’m not the person you were replying to.
    Mastodon is a piece of software. It has a license, just like bluesky or any other. You can put a clause in the license saying the software cannot be used for the dissemination of hate speech. The open source community has discussed this and decided it goes against the principles of free software and open source.

    If you’re mad at one and not the other, you’re applying different standards because being part of the fediverse weighs more.

    Personally I hold platforms to a different standard and so I’m neither mad at mastodon nor bluesky. I just think it’s hypocritical to be mad at someone for publishing a fascists letter but not be mad at the person who gave the same fascist a printing press.


  • ricecake@sh.itjust.workstoFediverse@lemmy.worldBluesky just verified ICE
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    19 days ago

    So the mastodon service supports Nazis.

    nobody owns it and anyone can run it

    They could have chosen a license that forbid usage for spreading hate. They put “free software” and “open source” above blocking hate speech.
    They’re providing software to Nazis, and I don’t really see how that makes them better than providing a place to post.


  • I agree with you. It’s just that the “right to remain silent” is the name for the category of right that the fifth amendment provides, not the actual right.
    The reason the interpretation is bullshit is because what the actual amendment says is stronger than a simple right to not speak: it’s very clearly intended to be freedom from being coerced to provide information that could hurt you. They shouldn’t be able to interrogate you at all until you clearly waive the right against self incrimination.
    You don’t have the literal right to remain silent. You have the right to tell them to stop coercing you, after which they have to end the interrogation.

    It’s not generally uncommon to have to do something to exercise a right. No one is passively invoking the right to petition their representatives or own weapons. The supreme Court has just unfortunately held that you have to tell the cops to stop pressuring you, instead of them not being able to start.


  • And that’s exactly what I explained. There isn’t an answer that doesn’t involve the constitution and what judges had to say about things.
    considering the police are legally allowed to lie to you, the Miranda warning using the name for a legal concept instead of a more accurate description of the right is about the least abusive thing they can do.

    It’s not particularly weird for rights to need to be explicitly actioned in general, as an aside. You have to actively get the arms to bare them, write a letter to petition the government, ask for a lawyer and ask them to stop interrogation. Invoking a right isn’t weird, but in this case the actual right is freedom from being coerced into self incrimination. They shouldn’t be able to start interrogation until you unambiguously waive your rights.



  • Those are explicitly derived from the bit of the constitution I was referring to. That’s what defines what they have to tell you and what it means.

    I’m not sure what you’re looking for here. You asked why you would need to invoke a right, and why it would be this way. There’s simply isn’t an answer that doesn’t involve the constitution or judges. The authority figure is using words that judges outlined the basic gist of in 1965 and different judges have dialed back the protections of in the 2000s and earlier.



  • Fun fact: if you haven’t been mirandized your silence is admissable, but not your answer. https://en.wikipedia.org/wiki/Salinas_v._Texas

    The correct answer is to plead the fifth if a cop says hello.
    It would be great if our system was set up such that there were people responsible for public safety the way firefighters are and, also like firefighters, don’t have the looming threat of crushing you with the weight of the law, but unlike firefighters don’t need to be ready next to a lot of bulky specialized equipment to be effective.
    But it’s not, so…


  • The (obviously flawed) reasoning the supreme Court used is that it’s the same as invoking the right to legal counsel: we tend to accept that you need to ask for a lawyer, they don’t just get you one. Likewise, if you want them to stop asking you questions you need to say so.

    Considering the right isn’t the “right to remain silent” we nickname it, but No person shall be … compelled in any criminal case to be a witness against himself, it’s a bit preposterous. Like saying it was a legal warrantless search because you never said “stop”, you just locked the doors, tried to keep them out, and tried to keep them out of certain areas.


  • You’re not wrong.

    There is a rationale, it just fails to be consistent with the reason the right is explicitly enumerated.

    Some rights are more about restraining the governments actions towards you. The right to legal counsel prohibits the government from putting you on trial totally lost and oblivious. The right to remain silent is a nickname we give to the prohibition on someone being “compelled in any criminal case to be a witness against himself”.
    Rights that prohibit government actions are usually automatic: free speech, no unreasonable search and seizure, and so on all prohibit the government from doing something.
    The right to counsel requires the government to provide you with a lawyer if you need one, and to stop asking you questions if you ask for one until they show up.

    The conservative supreme Court majority held that the “right to remain silent” was a right to make the government stop, just like asking for a lawyer, and that it didn’t follow that the two rights needed to be invoked in different manners: no one has argued that their behavior should have implied they wanted a lawyer even if they didn’t say so. Further, they said that if “not speaking” is what constitutes invoking the fifth, then it opens more questions about what manner of not speaking counts as an invocation. If someone doesn’t answer, can the cop repeat themselves?
    Invoking the right however is unambiguous, making it a better legal standard.

    This falls apart not because of the nickname we give the right, but because of what it says and the intent behind it: “No person … shall be compelled in any criminal case to be a witness against himself”. The key word is “compelled”. The phrasing and intent are clear that it’s about compulsion , not invoking an entitlement. Any statement you make you should be able to refuse to allow to be used against you, otherwise it’s compulsion even if given willingly at the time.



  • Yes, but the case being referenced involved what it means to invoke your fifth amendment rights.
    Is remaining silent invoking the right, or do you have to state “I am invoking the right to remain silent”, or some other statement?

    Per the supreme Court, you can’t passively invoke the right and can only do so actively. So simply not answering a question isn’t invoking the fifth amendment and could be used against you.


  • The US has done many horrible things, but that’s an awful list to go by. It mixes US involvement in the Philippines and the nightmare that was with “Israel killed someone and it’s likely the US was aware”, NATO involvement in Bosnia, and the US usage of radio and press releases to influence world opinion in its favor.
    Specific incidents in Bosnia? Certainly. But on the face of it, the US joining with other nations to intervene in an ethnically driven civil war isn’t an attrocity. The US being aware of an Israeli operation isn’t a US attrocity. Propaganda isn’t an attrocity.
    Hell, one entry literally seemed to be “American soldiers reported a South Korean war crime through appropriate channels, and this didn’t change US foreign policy”

    Mixing actual attrocities in with the benign or unrelated things just dilutes the actual attrocities, particularly when the preamble says to play up to emotional outrage.




  • Why on earth do you think that’s the case? They’re selling something, they’re not in one of the limited industries where you have limited rights to refuse, and method of payment isn’t one of the reasons you can’t refuse to do business with someone. A handful of places prohibit not accepting cash, but it’s not enough that I would assume that’s where they were, particularly if a business opted to just casually refuse.