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Comment by tovej | Hacker News Reader

"You see, freedom of speech and expression must be absolute."

That's pretty extreme. First, freedom of speech is not freedom from consequence of speech.

And second, freedom of speech only applies to public forums. Why would a private enterprise need to put up with someone spreading vitriol and fake news?

Let's say I own a mall, and you rent a store in that mall. You suddenly decide that you are going to start selling Nazi merch and incite people to riot in my mall.

Why am I a "cancel culture SJW" if I kick you out of my mall?

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People do have free speech rights at private owned malls. Not sure if that would apply to stores but courts have ruled it does apply to people at malls (and other public areas that are privately owned).

https://en.m.wikipedia.org/wiki/Pruneyard_Shopping_Center_v....

Sure, but in the analogy, the person "speaking freely" wasn't a member of the public but someone renting a store.

I would point out that according to that link this is not a right under the US constitution, but a right under the California Constitution which contains a broader affirmative right of free speech. The U.S. Supreme Court has held that there is no implied right of free speech within a private shopping centers under the under US Constitution.

Also, at least 13 other US states with similarly worded rights to free speech in their constitutions have ruled that this does not include a right of free speech in private shopping centers, as has the European Court of Human Rights.

Upvoted and replying because it is something everyone should have to read:

> freedom of speech is not freedom from consequence of speech.

It's a fundamental failing of comprehension to not know that. Speech is free and so are repercussions. Say what you want but know that a response is possible and also just as free.

Surely, if one of the consequences of speech is being thrown in jail, that would violate freedom of speech. Therefore, freedom of speech means freedom from at least some consequences of speech. Then the question is, which consequences?

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