Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

Wednesday, June 24, 2009

Erik Naggum, R.I.P.

A friend of mine died recently. His name was Erik Naggum. He lived in Norway. [ Erik Naggum, 1999 ] I knew him primarily via the net, through his professional reputation, his posts to internet newsgroups, and through occasional personal email on matters technical and philosophical. And we met once at a conference in person.

His death was probably of complications due to ulcerative colitis¹. But I want not to speak of his death, but his life.

He was a controversial soul because he was technically brilliant, and to put it much too mildly, he was not graceful in his handling of people he perceived as dumb or foolish. In point of fact, he would decide in a moment that he was talking to such a person and would become instantly excruciatingly intolerant of them, using harsh language that was at best colorful and at worst really outright mean. His posts online were a mix of cordial, thoughtful, and actively insightful prose with pointed barbs, laced with expletives and accusations that someone was insane or deserved to die. His tendancy to shift gears and go negative was not my favorite trait in him.

At the one conference where I spent time with him in person, by the way, he was pleasant, polite, and soft-spoken, and nothing like his online persona. I have read accounts by others that say the same.

In researching this, I ran across the following attempt to lighten the mood:

On Sat, 05 Jan 2002 00:29:41 GMT, Erik Naggum wrote:

> ... fucks like that frog-eating vermin ...
> ...Fuck you....
> ... Shit-for-brains ...
> ...that French fuck ...
> ...scumbags...
> ... the fucking retards...
> ...just go die...
> ...reeking French moron ...
> ...Get the fuck out of here...
> ...you pricks ...
> ...pussballs...
> ...sick fucks ...
> ...stenching filth ...

You are becoming repetitive.
How about some nice norwegian swear words ?

But I hope to make the case that he was worth the trouble.

The posts about him since the announcement of his death have been a mix of warm remembrances and shrugs of good riddance. It's not often you see discussion of someone's death accompanied by so much bitterness. I remember many such send-offs for Jerry Falwell, for example. But in defense of his detractors, Falwell had quite an army of disciples primed to carry out political missions that many considered hateful. By contrast, while Naggum was a difficult person to talk to sometimes, he didn't enlist armies of people to go out and be mean to others. He just spoke his mind.

On a reddit discussion forum after Erik's death, one person wrote, “He flamed me for my spelling, suggesting that there should be a spellchecker in the NNTP server (or client, not sure) that rejected postings with so many mistakes. But it helped - I learned to use a spell checker. His form was sometimes crass, but his intentions were good.”

He was frequently called upon to defend himself as to his personal style. Once, for example, he wrote, “Why so many of you fucking losers have to read what I post and work yourself up like cats in heat, and then ask me not to post as opposed to they not reading what they do not like, I have not figured out.”

And, indeed, the forum from which this text was taken, the primary forum in which I came to know Erik, was an unmoderated forum that was part of USENET, a distributed discussion technology that dates back to the ARPANET, the net that predated the Internet. An important aspect of unmoderated USENET forums was their free speech aspect, and there really was no recourse in such forums if you didn't like what you read other than to stop reading. So he had a certain point, which I came to believe and defend.

He was well-respected for the pioneering nature, the meticulous quality, and the beauty of the code he wrote. In addition to his technical accomplishments, he was a deep thinker on many issues, well-read in traditional philosophy but with his own very definite opinions.

He sent mail to the New York Times, condemning George W. Bush's actions subsequent to 9/11. I don't know if it was published; the copy I have was sent me directly by Erik at the same time he wrote to them. The letter he wrote was long and made many points highly critical of both Bush and the citizenry of the US for having tolerated Bush. However, one small aspect caught my eye and stuck with me, so I went back to that old email to retrieve the exact text. He had written, “But there is still one thing that America has taught the world. You have taught us all that giving second chances is not just generosity, but the wisdom that even the best of us sometimes make stupid mistakes that it would be grossly unfair to believe were one's true nature.”

This stuck with me in part because Erik's detractors are so quick to be unforgiving of his faults, and yet he could see clearly the need for people to be allowed to mend. And I often sometimes wondered when he was in his more abusive modes, condemning others for a suspected insanity, whether he was really talking to someone else, or talking to himself. He seemed to be plagued somewhat by demons of his own, and to project them onto others. But looking back on it, it seems so harmless, and his intent so good, in spite of all.

Perhaps I see in him a bit of me. I try not to do the verbal lashing out thing, or not as harshly certainly. But I certainly understand the frustration with people who don't see my point. And I've been known to be abrupt with people. Yet I'm always just trying to improve things, and forever surprised at how hard it can be for people to see that. So perhaps it's easier for me to look for good intention in someone like Erik.

I learned a lot from talking to Erik on matters technical and non-technical. But one thing I learned, not from what he said, but from the meta-discussion which was always there about whether to tolerate him, is that I think we as people are not all the same. We make rules of manners and good ways to be that are for typical people. But the really exceptional people among us are not typical. Often the people who achieve things in fact do so because of some idiosyncracy of them, some failing they have turned to a strength.

In a discussion on reddit, someone had suggested that we should say: “Erik Naggum was a contributor to the HyTime standard who had a nasty habit of flaming people and driving them away from great technologies.” My reply was that, no, we should say “The great endeavors of mankind are often done by people with this or that weakness.”

For example, the Republican Party in the United States has consistently suggested that somehow the US would be better if it were run by someone with flawless moral character. Jimmy Carter fit that bill and yet when inflation went into double digits, Republicans hated him just the same. Bill Clinton, for all his flaws, was a more effective president.

So I liked Erik. Does that make him a role model? I think the answer is “in some ways, not in others.” But isn't that true for all people? Telling our youth that they must be perfect and pointing them to people who we offer as examples of perfection seems like rigging the game for everyone to lose. Eventually it will be found that the models of perfection are not perfect. And the people we're pointing to these models will either be disillusioned or will have protected themselves with cynicism. We want neither. Better to identify people as people, and to say “there's a trait [or achievement] to emulate.” Or even, “there's a person from whom you can learn a great deal.” No need to say, “Be everything that person is” nor “Be do everything that person does.”

Michael Phelps is a perfect illustration of this. People of great accomplishment, being human, do have flaws. Even after the bong incident, he can still be a role model for swimming, and the hard work it takes to succeed.

Growing up, and starting out in the world, one's flaws can keep one from getting noticed, and it's well to teach our youth to work on minimizing them. But at some point we must not rewrite history and pretend that we had the choice to do all the great deeds that have been done by only encouraging and revering people for whom there is nothing bad to be said.

A great many people practicing Computer Science in particular are great as a consequence of their obsessive nature of one kind or another. The ability to be focused, meticulous, intolerant of deviation from spec are all qualities we programmers need, and sometimes the personality types that are attracted to the field of computer science are going to show effects in other areas.

In Erik there was at least a person who died having dared to speak his mind. I so admire that. But more than that, he had things to say. And they were things that made the effort worthwhile. I'd rather that than endless blathering of no consequence delivered in oh-so-polite tones.

I will miss him greatly. But I am thankful I had a chance to get to know him.

I had to laugh when someone anonymous wrote:

Erik Naggum
1965-2009
He hated stupid people

I don't even know that he hated stupid people, though. It seemed to me he just didn't like wasting time with them.

But either way, it is perhaps more appropriate to allow Erik to write his own epitaph. On his own web page, Erik offers his explanation of the meaning of life. It's not long. I recommend reading it. But I quote here a single sentence, which I offer as evidence that he accomplished what seems like a reasonably stated mission:

“The purpose of human existence is to learn and to understand as much as we can of what came before us, so we can further the sum total of human knowledge in our life.” —Erik Naggum

¹ Kjetilho posted to reddit, “the autopsy concluded that the cause of death was a massively hemorrhaging stomach ulcer. my take is that it was probably caused by the large amounts of NSAIDs he took for his bad back, which he in turn got from too little physical activity. so in a way, the root cause could be said to be UC.”


Author's Note: If you got value from this post, please “Share” it.

Originally published June 24, 2009 at Open Salon, where I wrote under my own name, Kent Pitman.

Photo cropped from a photo by Kevin Layer,
licensed under Creative Commons Attribution ShareAlike 3.0 license.

Other Remembrances of Erik
Tobias Rittweiler's Blog
Ruben on VoIP
Arve's Post (and Discussion) on Reddit
Kjetil's Post on The Subclass Explosion
Zach's Journal Entry

Vintage Erik
Defending his occasional outbursts: [1] [2] [3]
Discussing Common Lisp: [1] [2] [3]
Discussing abstract concepts: Asking for references

Erik, Posthumously
Erik Naggum on Atlas Shrugged

Tags (from Open Salon): personal, erik naggum, erik naggum eulogy, death, erik naggum death, r.i.p., erik naggum r.i.p., friend, politics, personal style, manners, controversy, controversial, role model, personal flaw, character flaw, legacy, epitaph, philosophy, meaning of life, commentary, abuse, abusive, foul language, common lisp, sgml, contribution, fools, foolish, intolerance, abruptness, free speech, excellence, insight, michael phelps, jimmy carter, bill clinton, jerry falwell

Thursday, May 21, 2009

The Freedom to Hear

I have come to believe that the Founding Fathers blew it when they wrote The First Amendment. They shouldn't have spoken of “free speech” but instead should have spoken of unfettered access to information—that is, “the freedom to hear.” [Liberty Bell] The two are similar rights, but the right to hear is the more important one.

As I see it, the right to stand on a soap box in the park is not a right to stop others who might pass by and hold them hostage, forcing them to listen to one's message. It is not a right of coercion. Rather, the power of the right is the opportunity to place oneself passively in a place where others, if they so choose, might elect to listen.

Democratic Need: The Fuel of Change

It's critically important in a democracy that the majority is able to hear about things that are not popular with that majority. That is how open-minded people change their minds. They take in information about less-popular ideas and consider whether to change their mind and admit new ideas.

In a well-functioning democracy, the status quo will represent the majority viewpoint. As a result, any possible change will occur due to a minority viewpoint taking hold. For that to happen, it's critical that the populace have access to unpopular views. On the other hand, forcing them to receive unpopular views would be tyranny by some minority. So the process must be voluntary, and must involve a conscious decision by enlightened members of the populace to hear what might change their mind.

Tie-Breaking the Golden Rule: Spam and Telemarketing

In some ways, one might think the matter symmetric and the choice of how to express it merely a variation of wording. Communication involves a speaker and a listener, so to say conversation is about speech is to say it's about listening. What's the big deal?

Well, for one thing, if the speaker and listener are not in agreement, there becomes the question of who should win. Those of us who believe that the Golden Rule is the dominant meta-rule that drives all politics find ourselves in an uncomfortable position when one person wants to, even has an articulated right to, speak while another has no desire to listen, and has no corresponding articulated right to assert. Something feels unbalanced about that. Tour right to speak pushes out at me and I need a corresponding force I can balance with. Saying my only right is to speak back, and not merely to assert a right of silence, seems unfairly coercive to me. At minimum there must be a balance of power between speaker and listener.

And yet even then, ties will still occur. In matters of telemarketing and spam, the answer seems clear to me, even before the imposition of rights and laws, just on the basis of common sense. In fact, I was first alerted to this issue at all by receiving email spam that contained a patriotic-sounding passage about free speech which seemed to have the purpose of saying “I have the right to send this and you don't have the right to complain about that.” I don't think that's so. I think the rights of the listener must dominate over the rights of the speaker. In the case of a conflict, the term “free speech” appears to give dominant power to the speaker, while an alternate phrase like “freedom to hear” shifts control to the listener.

Publishing and Censorship

There is also the matter of speaking generally, passively, to no particular person—the matter of publishing, if you will. Publishing speaks out, but with no identified listener.

But publishing does not intrude. Published material can sit patiently and wait, in a library or repository. This process is voluntary, and while it might seem an act of “pushing” information out, that's mistaking advertising for inventory. Inventory is the passive receipt of information to a waystation, awaiting a consumer who will tune in.

Publishing is curious, too, because it actually speaks not only to everyone now existing but to people who might not yet be born. It would be unrealistically difficult to poll everyone who now exists, but when you add those who might exist in the future, it's a definite impossibility. No one can know who might be interested and who might not. And yet publishing speaks to all such people.

And so when it comes to the possibility of censorship we find someone intervening in the wending, passive, voluntary path from speaker to would-be end-listener. But whose rights are denied? The speaker's? I would allege not. The speaker has spoken and even if the speaker's words might reach the intended audience, I've argued he has no right to impose them. It's the listener who has the ultimate right to receive the information. If the chain is broken, it is the listener who is infringed.

In fact, in the impossible situation that it could be shown in advance that there could not possibly be any person interested to hear, one might theoretically argue it was not only rightful but merciful to ask that the speaker desist. But given that no such argument could reasonably be constructed, because there is no science capable of predicting what future people will or won't want to hear, organized censorship has no place because it denies the ultimate rights of listeners, not the rights of speakers.

The Complexities of Public Speech

Recently in the news is the question of whether Obama should be permitted to speak at Notre Dame, given his position on abortion. Under my formulation, I claim it should be clear that this is the wrong question. The right question is not Obama's right to speak, it's whether there is any person at Notre Dame who wants to hear what he has to say, because it is the need of those who might be open to his message that is at issue.

Of course, Public Speech poses a particular difficulty if you assume that any possible reader should have a right to deny speech. Here there are two ways to break things down. One is to say that this argues that Free Speech is the core right and that in order to argue Obama's right to speak I have to go back to that. But I'm not trying to argue based on an ideology. I don't begin with the notion that he must have a right to speak and then bend all law to suit my Machiavellian end goal. Rather, I begin with the simple question: How will that one person in the audience who would hear Obama get the information if Obama is not allowed to speak?

Certainly, if Obama is invited he must be allowed to speak because that's in the nature of the contract. Let someone who doesn't want him to speak not invite him. So this beef by certain would-be audience-members and onlookers is not with Obama, it's with the conference organizers.

And, further, it seems clear that if someone trying to enlighten themselves at a university wants the information, they should have access to it. This goes back to the censorship issue. It seems clear that it serves the rights of the audience to permit controversial speakers. Such speakers' goals may be served by speaking, but in my view they ought enjoy no right to speak if there are no listeners who would hear.

What makes the issue of Obama a problem is not that he might attend and speak but that an audience who wants to be there for other reasons is put in an awkward position. Their choice becomes to attend an event where they would not voluntarily listen, or not to attend. But to not attend means missing an event that is significant for other reasons. This bundling of two unrelated events is the real cause of the difficulty. A structuring of the event to allow those who would do so to attend the main body of the event and then to leave, perhaps in protest, would probably have resolved this. So much the better if their leaving provided seats for others who would like to hear the lecture because I suspect there were not seats enough for all who had wanted to attend and that if those who don't want to hear the lecture were to leave, the gathering place would quickly refill with people who did want to hear.

Avoiding the “Least Common Denominator”

The problem of public speech is also tricky for another reason. There is a temptation by some to manipulate the system in order to say that all public discourse must be a kind of “least common denominator”—permitting only the most conservative of speech, that speech which is acceptable to all. Or, at least, that speech alleged to be acceptable to all. Who even knows if there is any such speech.

The freedom to hear must not be confused with a right of the individual to control what others may say in a public venue by asserting their right against others' rights to publish. The recourse in that case must be a right of individuals to opt out of situations that will thrust arbitrary messages at them in unwanted fashion. I have some sympathy for someone not wanting to see offensive billboards in a public square, for example, since opting out of using certain public areas may be difficult. But the notion that a speech or an internet page must not exist because there is someone somewhere not interested in it misses the entire point of what it is for information to be passively conveyed.

As long as there is a simple, cost-free, rational way to opt out, that should be the final recourse of the party who wants to use their freedom to hear as a mechanism for stopping speech they do not like. Causing the speaker not to speak means potentially infringing another's right to hear. Better to just avoid the venue where the unwanted speech is ocurring.

Just Plain Noise

It should go without saying, but I'll say it anyway: At the point where you're playing your music too loud or blocking my path to a building or any of a variety of other so-called speech acts, you're not exercising what I see as free speech, since you're not entertaining my need to hear, you're just a force trying to invade my space. Making your message available to me is fine, but making it impossible for me to ignore your message is not fine, and certainly ought not be your right.

Sometimes in a society when there are injustices, one takes actions to get attention that are beyond the scope of their rights; but civil disobedience is not a right, it is a calculated sacrifice.

Information from Foul Sources

A particular case of interest is the question of whether murderers should be allowed to write books. Some would say these people have lost their rights and must not be allowed to speak. Perhaps. But I claim that the interesting question is whether the would-be readers of such things have lost their right to hear from a murderer. Do law enforcement officials, psychologists, and even just ordinary citizens sitting at home have no right to know what makes a murderer tick? I think not.

If necessary, cut off the convicted felon's right to the money or even to media notice or fan mail or other benefits of he publication. But if the murderer will offer useful information to those whose enjoy full rights in our society, I see no reason to keep a murderer from writing. The real victim will be a free society who will not be able to prepare for the next such murder.

In September 1997, Salon's Table Talk forum hosted an interesting extended discussion on one of its threads about the question of whether the reader of literary works should make a decision about what to read or not based on the moral character of the author. I was proud to participate. It was entitled “She boiled squirrel nutkin, he diddled girls -- does it spoil the message?” Alas, Salon has retired those pages and the discussion is no longer available as a cross-reference.

Summary

There are two parties involved in a communication. If both are willing, the communication should proceed. But when there's a dispute, who wins? Using terms like “free speech” appears to give the favor to the speaker, which I think is wrong. I prefer the term “freedom to hear” because it gives final say back to the person who would be receiving the information. In my view, the right to free speech ought not be a right to impose one's message on another, only about making messages passively available to others who would hear them.

Free speech is a way of guaranteeing that we in a democracy and in a free society have access to a free flow of ideas. It isn't supposed to be a way of forcing us to endure a free flow of noise or indoctrination. That's not freedom, it's slavery.

I'm not suggesting a Constitutional amendment, although if I were doing the Constitution over, I would ask for a balancing “freedom to hear.” However, even within our present society, with the Constitution as it presently is, I often find that reformulating problems of free speech as problems involving a freedom to hear yields important insights in how to think about those problems in fresh and empowering ways.


Author's Note: If you got value from this post, please “Share” it.

Originally published May 21, 2009 at Open Salon, where I wrote under my own name, Kent Pitman.

Tags (from Open Salon): politics, rights, Constitution, freedom to hear, right to hear, freedom to listen, right to listen, speech, free speech, freedom of speech, spam, censor, censorship, telemarketing, protest, civil disobedience, democracy, democratic society, information exchange, golden rule, publishing, speech, obama, notre dame, infringed, murderer, rights of felons, right to publish, publication rights, right to write, right to author, rights of felons, dumbing down, least common denominator, coercion, oppression, oppressive, controlling, noise

Monday, November 3, 2008

Limiting Term Frequency

The notion of term limits comes up and people never seem to know what to do about that. On the one hand, having the same person in office for a long time risks that there's never a general housecleaning. It also may mean they have unfair power to abuse their office during the campaign. On the other hand, if there's a good person it's a shame to just tell them they can't contribute.

The idea I'm pondering is to split the difference: Limit term frequency rather than the number of terms. That is, prohibit incumbents from running for office—require them to “sit one out” before they run again. So people would be able to run for office a maximum of every other term.

The thought is that everyone should govern as if it might be their last chance. That is, not worry about re-election. Or, if you insist on thinking four years out, at least you're worrying about doing long-term good that would make voters, not next year, but down the road, think you've done well enough to bring back.

It would also mean you couldn't use the power of public office to directly assure your own re-election. Often, the person in power can call press conferences, can affect the focus of the public through attention to specific policies (snooping in files [Nixon/Watergate] [Clinton/Filegate (alleged)], changing the threat level [Bush/Cheney (Ridge allegations)] or even invading other countries [Clinton/Afghanistan/Sudan (alleged)] are examples some have alleged politicians to have done).

It would also mean that if people liked your party and wanted to re-elect it, they wouldn't have the very same people in. So at least some abuses of power, those that are not shared and adopted as party policy anyway, have a routine chance of being exposed on a regular basis, rather than having these things grow unchecked over longer spans of time as one set of office holders continues in office too long without oversight.

It might be that political parties would find creative techniques to get around this kind of rule. For example, they become suddenly very fond of having husband/wife teams alternate time in office, even taking advantage of spousal privileges not to incriminate their partner to assure procedural continuity of shakey practices. I could see that specific configuration needing to be prohibited. But I think these details could be worked out.

Something to ponder anyway.

Author's Note: Originally published November 3, 2008 at Open Salon, where I wrote under my own name, Kent Pitman.

Tags (from Open Salon): politics, elections, policy, election policy, term limits, reelection, term frequency, free speech