some guardrails would need to be put in place to prevent Trump or others from turning around and using that to silence critics or journalists
That’s the real issue though, isn’t it? No matter what “guardrails” you put in place someone is always going to find a way to exploit any kind of restrictions like this for their own selfish purposes
Exactly. The issue you run into is always that bad-faith actors are going to intentionally misuse laws and regulations, unless you write them to be very narrow. Most laws dealing with censorship need to be at least a little broad so that minor tweaks don’t allow the targeted material to be tweaked to avoid regulation. But as soon as it’s broad enough to prevent really repellent speech, it can be used against people that are already marginalized.
“Re-education” is an interesting question though. How are you defining that? We already know that we would sharply reduce recidivism rates if we made sure that incarcerated people were put in substance abuse programs and given access to college degree programs. (And those college programs cost less in the long run than recycling people through the criminal justice system again.) Does that count as re-education? What about having group therapy, so that people who had hate-crime multipliers had to confront their racism, etc.? Is that re-education?
If the condition of parole is successfully completing substance abuse treatment, isn’t that a forced–or heavily coerced–brain washing? If it isn’t, then what’s the bright line between them?
That’s the real issue though, isn’t it? No matter what “guardrails” you put in place someone is always going to find a way to exploit any kind of restrictions like this for their own selfish purposes
Exactly. The issue you run into is always that bad-faith actors are going to intentionally misuse laws and regulations, unless you write them to be very narrow. Most laws dealing with censorship need to be at least a little broad so that minor tweaks don’t allow the targeted material to be tweaked to avoid regulation. But as soon as it’s broad enough to prevent really repellent speech, it can be used against people that are already marginalized.
“Re-education” is an interesting question though. How are you defining that? We already know that we would sharply reduce recidivism rates if we made sure that incarcerated people were put in substance abuse programs and given access to college degree programs. (And those college programs cost less in the long run than recycling people through the criminal justice system again.) Does that count as re-education? What about having group therapy, so that people who had hate-crime multipliers had to confront their racism, etc.? Is that re-education?
To me the examples you listed would just fall under “education”. The term “re-education” heavily implies imprisonment and forced brain washing.
If the condition of parole is successfully completing substance abuse treatment, isn’t that a forced–or heavily coerced–brain washing? If it isn’t, then what’s the bright line between them?