Concentric circles of free speech, via Colin Kaepernick.

(copied from a months-old Facebook post)

1) If someone calls Colin Kaepernick unpatriotic for kneeling during the national anthem, there’s no free speech issue. It may be a violation of some other values – civil discourse, reasoned debate – but definitely not free speech. Of course, it’s a bit disingenuous of me to pick Kaepernick as an example, because this fallacy is currently far more common on the right – the Kaepernick incident is one of the few recent cases when I’ve seen columnists invoke it from the left.

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CNN did not commit blackmail but did abuse “newsworthiness.”

After some discussion on Popehat yesterday, I’m convinced that blackmail is the wrong way to look at the CNN thing. Blackmail has two elements1, a threat and a demand:

  1. It’s okay to tell my wife about the affair.
  2. It’s okay to not tell my wife about the affair.
  3. It’s okay to ask me for $50,000.
  4. But it’s not okay to condition the choice between (1) and (2) on (3); that’s blackmail.

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