A ranty, funny, dead-serious intersectional feminist blog.

Posts tagged “free speech

Why #FBrape is Not About Free Speech

Speech is an action.

Speech is an action.

This is an opinion piece I submitted to the Seattle Times in response to an ACLU blog post claiming Facebook’s decision to apply their existing standards to gendered hate speech is bad for “free speech” on the Internet. I disagree for a number of reasons, among them the fact that Facebook is not the Internet-at-large (but one community within the larger Internet that doesn’t allow hate speech–there are many that do), and does not traditionally maintain any sort of existing “free speech” standard as the blogger implied (in fact, they already ban a lot of content that violates their stated terms). As I have said before, freedom of speech is not freedom from consequences, and one consequence is counter-speech–and counter-action if the community you’re in believes that your “free speech” is harmful to the group. You’re still free to say what you want, but you might have to take it somewhere else if you get voted off the island. That’s just life.

All that said, I only had 600 words to play with, so I focused on my belief that this speech not only contributes to rape culture (which teaches us that rape is acceptable) but encourages (read: incites) rape and violence against women, and as such is not (or should not be) protected. By anyone. I’m about as far from a lawyer as people come, and I doubt there’s any legal precedent for my position, which is probably why the Times declined to publish (i.e., they did not respond within the requisite time). Nevertheless, I believe this to be true.

Today [5/30/13] Jay Stanley took issue on the ACLU blog with Facebook’s decision to remove content promoting violence against women in response to the #FBrape campaign, citing “free speech” and the need to protect it at all costs. I would like to point out that where the First Amendment of the US Constitution is concerned (which should be the primary concern of the ACLU), speech that incites violence is not protected, and can indeed be grounds for arrest. I believe that the content the #FBrape campaign objected to has the potential to incite violence.

Some of the images in question depicted real women and girls unconscious, tied up, bruised, bloody, and even dead–all presented as humor. They bore captions like, “Next time, don’t get pregnant,” “She didn’t make my sammich fast enough,” and “Tape her and rape her.”

There is a term that describes the toxic culture we live in where rape and violence against women are trivialized and normalized in this and many other ways. That term is “rape culture.” It’s a controversial term to some who believe it implies that all men are potential rapists. It doesn’t, but that’s beside the point, which is that rape culture is bad for everyone. It teaches boys that girls are objects made for sex and that they are entitled to sex. It teaches girls that their bodies are not their own; that their consent doesn’t matter, only that they play defense and remain pure. It praises men who have sex while shaming women as “sluts.” It makes light of prison rape and male victims of sexual assault. And it makes a joke of rape and violence against women.

You know who loves a rape joke? Rapists. Rape jokes, and people laughing at them, tell rapists that rape is acceptable when what they need to hear is “Dude. No.” And there are far too many rapists out there. They don’t wear a sign—they look just like everyone else. And they’re listening.

A 1987 study (The Scope of Rape: Incidence and Prevalence of Sexual Aggression and Victimization in a National Sample of Higher Education Students) found that “The frequency with which men reported having perpetrated each form of sexual aggression ranged from 19% of men who indicated that they had obtained sexual contact through the use of coercion to 1% of men who indicated that they had obtained oral or anal penetration through the use of force.” That means that even if you only count “forcible rape” with oral or anal penetration, approximately one in a hundred men are rapists. This is not an insignificant number. When you include vaginal penetration by force, the numbers must increase considerably. And when you begin adding crimes sometimes referred to as “gray rapes” they skyrocket—if not to one in five, then significantly nonetheless.

According to at least one ACLU website, hate speech is not protected:

But this right doesn’t extend to libel, slander, obscenity, “true threats,” or speech that incites imminent violence or law-breaking.

Obscenity arguments aside, one question is this: How imminent is the threat of violence by a rapist against a woman? It is estimated that three women are raped every hour in the US military. In the general US population an estimated 78 women are forcibly raped ever hour (this number does not include those so-called “gray rapes”). Promoting rape as acceptable, inevitable, and funny not only gives rapists tacit permission to rape, it is responsible for the idea that “all men are rapists.” All men are not rapists, but the ones who are thrive on society’s acceptance of rape.

And the ones who aren’t yet rapists but might be under the right circumstances? They’re listening, too.


References:

http://www.sscnet.ucla.edu/comm/malamuth/pdf/81Jrp15.pdf

http://www.apa.org/divisions/div46/articles/malamuth.pdf

http://www.parentstv.org/PTC/publications/reports/womeninperil/study.pdf

http://www.thenationalcampaign.org/resources/pdf/pubs/ThatsWhatHeSaid.pdf

http://www.bjs.gov/content/pub/pdf/SOO.PDF

http://www.soci270.carvajal.ca/documents/KossTheScopeofRape.pdf

http://www.musc.edu/ncvc/resources_prof/rape_in_america.pdf

http://psycnet.apa.org/journals/psp/36/2/156/

http://www.washingtoncitypaper.com/blogs/sexist/2009/11/12/rapists-who-dont-think-theyre-rapists/


Related on Make Me a Sammich:


Respectful discussion is welcome and encouraged. When in doubt, see the Comment Policy.