ZnU":26gjiawg said:
This is basically a "What do word mean?" deflection. There's a clear distinction between a sort of politics organized around the interests of groups to which people are assigned due to their immutable characteristics, and a sort that isn't.
This distinction is only coherent if approached from a POV that believes Normal Default Politics are the ones a theorem-proving bot can deduce from first principles, while Weird Other People Politics are the kind derived from experience and context.
To people who don't hold that bias, the bot's baked-in restriction on the types of permitted political reasoning
is the exceptional/defining case, while the rest of the political world looks vast and diverse, such that grouping all identity-permitting politics under one umbrella makes no sense. Imagine if we grouped Christianity, Hinduism, and Atheism under "Anti-Spaghetti-Monsterism". The distinction may be clear, in the sense that people can agree where the boundaries lie**, but that doesn't make it a useful category to anyone outside of His Noodly embrace. Labels like "identitarian" look equally ridiculous outside the IDW bubble.
**I'm not even sure this is true. One could argue that most "universalists" are actually closeted "identitarians" who don't want to trumpet their male identity too overtly, just as most FSMers are actually atheists who use the alternative framing to make a Very Clever Point about the contours of religious identity.
You're implicitly treating identity categories as infinitely mutable, such that [a] can be trivially exploited by anyone who wants to assert some new identity. In the real world, the identity categories we're concerned about are generally derived from immutable characteristics, after thousands of years of history we've got a pretty good idea of which of those humans might plausibly build into political identities, and we're not going to take a single individual suddenly asserting some new axis of identity seriously.
First, no I'm not. Even if identity categories were fixed in stone, that wouldn't make intentional ignorance of said categories "rational". One category suffices to demonstrate the inherent conflict between "facts first" and "no identity plz". I even took pains to craft an example using a category that everyone could agree on. (Surely you don't dispute that "Black American" is a recognized identity?)
Second, new axes of identity spring up
all the time. Lt_Storm
alluded to the evolution of whiteness. When we look beyond skin color, even more examples abound. For example, Random_slacker
cited the construction of a elite / globalist identity that superceded race (or so they believed). Gender has undergone rapid flux just in our lifetime; in particular, multi-modal identities like "AMAB non-binary-presenting femmequeer" are a largely 21st century invention.
Also, the argument you're making here generalizes into an argument against rule of law. Having codified, uniformly applied laws is, in some sense, inferior to having individuals continuously apply consequentialist reasoning over all their possible actions. It's not hard to see that some instances of theft, murder, etc. would leave the world better off. Step back though, and it becomes extremely obvious that, given the reality of limited human cognitive capacity (and the myriad of cognitive biases from which humans suffer), it would be disastrous to trust individuals to make these determinations on a one-off basis. So we encode rules that produce better outcomes on average and we're pretty serious about not letting people say "But this time it was good!" when they violate them. The same logic applies here.
Backtracking to legalism does you no favors here. From a legal standpoint, the picture is utterly boring: online trolling is protected by the 1st Amendment, period.
For what it's worth, I dispute your reductionist view of legal reasoning as naive rule-following. The law is more fluid than that. It's always been the case that human judges weigh the totality of context, and retain the power to sentence thieves who steal for food to different punishments than thieves who steal for lulz. The human element is not always a force for justice -- it magnifies preexisting biases, including racist ones -- but that's hardly an argument for removing judicial discretion entirely. Places that try to (e.g. with mandatory minimums) merely end up amplifying the injustices found in other parts of their criminal system, rather than curing it.
Back to your argument: you've completely missed the
reason why laws prioritize clarity and equal protection over situational factors. Laws are an imposition of
state power. We grant the state a monopoly on that use of force in return for carefully circumscribed limits -- in theory, the bare minimum limits on freedom it needs to carry out collective goals. While important, such interactions with the criminal system are a tiny part of what makes our society tick. One can (and I have) argue that similar guidelines should apply to non-state actors wielding similarly monopolistic levels of power (e.g. Google's power over search results), but on the whole, these are yet more exceptions. The general case -- that is, many-to-many interactions between peers -- needs no such limitations.
In short, I am free to draw on racial and gendered facts for my SoapBox arguments in ways that might be inappropriate for a DA arguing to a jury. The latter holds a defendant's life & death in her hands, so we've erected a wide range of artificial handicaps, of which identity-blind statutory elements are one small part (along with rules of evidence, presumption of innocence, etc). No such constraints apply to me, nor to online trolls for that matter. We can apply moral reasoning and nuance to SJ issues
and also codify murder in uniform terms.