2016-AT-09: Staff and Jackie III

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BeaconHill

Lost Among Carbon Fields
I am an advocate, filing an appeal on the behalf of @Jackie.

On Thursday, April 21st, 2016, the moderator Orm Embar assigned Jackie 25 infraction points over a discussion of eating with one's hands in the thread The Invention of Edible Cutlery.

The first post in the discussion reads as follows:

Or in situations where you're not a fucking savage. Seriously, eat fried rice with your bare hands. I dare you. I double dog dare you.


Savage.

While I will not cite the whole discussion here, this post in the middle was explicitly flagged with a moderation banner reading "Violation of Rule 2":

I thought I clarified this earlier with regards to wet seasoned foods. You don't eat a steak with your bare hands, or soup, or chili.


when you're a primitive nomadic tribe?



I give me the right. Same as when people dismissively compare the United States to 'civilized' countries. Because there's that implication.

I don't. I don't see them curing cancer or harnessing the power of the atom either.

civ·i·li·za·tion
ˌsivələˈzāSH(ə)n/
noun
noun: civilization; noun: civilisation
the stage of human social development and organization that is considered most advanced.

They literally are not a civilization, ergo not civilized.

The infracting moderator, Orm Embar, also made an additional post explaining the infraction further; it reads as follows:

[warning=Warning]The discussion of what does or does not constitute 'savagery' is now off limits. @Jackie has been infracted for 25 points, but I would like to take the time to warn @Hykal94 and @Cloak&Dagger away from the topic as well. It would be nice if everybody could just have a nice, quiet discussion about how cool being able to eat one's spork is.
[/warning]

The rule at issue is Rule 2, which reads as follows:

Rule 2 said:
2. Don't be hateful.
Even if something doesn't rise to the level of legal hate speech, you can't post anything that is hateful or advocates harassment or violence.

That means, for example, you can't:
  • Advocate any serious violence against any group of people;
  • Advocate any kind of harassment or violence against any specific person;
  • Use racial, ethnic, gender-based, or any other kind of slurs;
  • Talk about how great it would be if someone was subject to rape, torture, maiming, or other extreme punishments.

This rule is relaxed somewhat when it comes to historical or fictional people, but unnecessarily tasteless or otherwise offensive comments about them are not allowed.

Introduction

In a discussion about eating utensils, a brief side conversation started on when one should and should not eat food with your hands. Jackie called eating wet food with one's hands "savage." The conversation was then broken up by a moderator, with Jackie receiving twenty-five points for hatefulness. I cannot interpret this action as anything but bizarre. Jackie simply didn't say anything at all even resembles a Rule 2 violation; indeed, everything she said on the topic was exceedingly mild, and when other posters started to go off the rails, Jackie helped to keep them in line.

What Jackie Said Is Incredibly Mild

I'd like to point out, at the beginning, that what Jackie said is a mainstay of moms everywhere. If "eat with your knife and fork like a civilized person" is hate speech, my mother would not be the only one to be goose-stepping.

Her position is very simple: eating wet food with your hands is kind of gross and kind of uncivilized. She chose to use the word "savage" to express that. This is not, as far as I'm aware, a particularly fringe opinion, and neither is the wording she used especially hateful.

Nothing Jackie Said Fits The Standard For Hatefulness

What does Rule 2 prohibit? The text of the rules is vague, but thankfully the Directors have provided us with a clear list of examples to guide interpretation:

  • Advocate any serious violence against any group of people;
  • Advocate any kind of harassment or violence against any specific person;
  • Use racial, ethnic, gender-based, or any other kind of slurs;
  • Talk about how great it would be if someone was subject to rape, torture, maiming, or other extreme punishments.

In the directors' well-chosen list of examples, they have decided to emphasize harm and violence. "Serious violence," "any kind of harassment or violence, " "rape, torture, maiming, or other extreme punishments" all come up in the examples. Indeed, the only exception is the third example, discussing slurs. The words "savage" and "civilized" are clearly not slurs; accordingly, an infraction under Rule 2 can only rest on Jackie advocating violence. There's one problem with this, however: when on earth did Jackie wish harm on anyone?

After some searching, I managed to find it:

Not getting the shits is a pretty good thing.

This quote is, so far as I can determine, the only time Jackie ever discusses harm to any person. She's suggesting that people who eat with their hands might get the runs.

This is clearly not equivalent to "serious violence" or "rape, torture, maiming, or other extreme punishments." Accordingly, I can find no basis for anything at all Jackie said to be infractable under Rule 2.

Jackie Focuses On Eating Behavior, Showing No Animus Toward Any Particular Group

Another aspect of many of the Rule 2 examples is the idea of maligning a particular group. While other people in the conversation do seem to be making comments about specific groups and their eating habits, Jackie doesn't. If you eat wet food with your hands, Jackie thinks it's savage; she applies this to food of all cultures, including fried rice, wet sandwiches, and American barbecue.

Jackie also tried to calm this behavior down when other people tried it. For example, when Cloak&Dagger posted about who we can call savages, Jackie responded like this:


Conclusion

Jackie received a 25-point infraction for hate speech because she repeated a familiar refrain of moms everywhere: don't eat with your hands like a savage. Rule 2 is meant to cover advocacy of "serious violence," "slurs," "rape, torture, or maiming" – but, instead, Jackie suggested that people who eat with their hands might get the runs. That's as bad as it gets. And, when other posters tried to take the discussion in strange directions, Jackie was the one to set them straight.

There is no basis under the Community Compact for Jackie's infractions, and they should be overturned.
 
Salutations, Jackie and BeaconHill~ I would just like to take a moment to apologize for the wait; our magistrates can sometimes be caught flat-footed with life and other issues, and insomuch as we try to handle these appeals in a timely manner, sometimes we just slip up. We'd like to assure you, however, that we haven't forgotten your appeal, and we'll get to it as soon as possible. Thank you very much for your patience and understanding~
 
Hello @Jackie, and sincere thanks to @BeaconHill, I will be reviewing your appeal today. Please accept my deepest apologies for extreme tardiness of this review.

Following review I must uphold the infraction, as legitimizing "savage" to describe broad cultural groups is precisely the kind of behavior Rule 2 is meant to combat.

Permit me to establish the relevant facts as I see them. In the thread "The Invention of Edible Cutlery", the discussion turned towards the eating habits of acquaintances and various cultural groups. Partway through, Jackie responded to the sentiment that cutlery "might not be the best idea" with incredulity, describing the act as savage. When Hykal94 added that many SE Asians eat rice with their bare hands, Jackie bluntly responded, "So, savages?" For several posts thereafter she defended the legitimacy of her response, declaring several cultures, "literally are not a civilization."After investigation, Orm Embar infracted Jackie for violating Rule 2 of the Community Compact.

For the purpose of this review I will consider whether the context clearly suggests other readings of Jackie's posts which disarm its discriminatory undertones, and therefore the appropriateness of the Staff action to suppress it.

The line of discussion was infracted on the basis of Rule 2, which among other things "hateful" statements. The Staff necessarily define "hateful" as including statements and arguments which normalize or legitimize discriminatory language towards cultural groups. The tone of an argument (the obviously humorous or satirical for example), can modify how these statements are judged according to the Rules and therefore provides substantial leeway.

I do not believe Jackie's posts fall into that neutral zone. While context can be transformative, "Savage" is an extremely loaded word with many centuries of pseudo-scientific racism and colonialist baggage; ergo using "Savage" when applied to peoples or cultures is strongly derogatory. It is therefore it is reasonable to hold its usage to an elevated level of scrutiny. The infracted content goes well beyond an expression of disgust to the act of eating with one's hands when readily available alternatives were available, which might reasonably be intended in good humor. In this case, Jackie not only repeatedly and insistently argued for the legitimacy of savage to describe cultures, she matter of factly denies Bedouins and Aborigines possess qualifications for civilization. It is clear that "Savage" is meant in full sincerity.

In that light, I find that the standard 25 point infraction for a rule violation is entirely reasonable and consistent with SV policy. I uphold the infraction.
infraction upheld If you would like to refer this appeal to Tribunal Review, please tag the Community Council.
 
I don't actually believe regular users can use the Council tag, but it's neither here nor there, really. If you'd like to appeal, please provide an appeal statement within three days.
 
Hello! I apologize; I'm a little busy at the moment. (I'm writing this statement on an airplane, as context.) It may take a little while for me to write a full Tribunal appeal; I hope this will not be a problem. However, I'll make a brief statement to the Council now.

(Is the brief pre-Tribunal-argument statement still the standard procedure? I can't seem to find it in the appeals procedure posts any longer. It seems strange to submit a full argument prior to the Council accepting the case, but that's what the rules now seem to ask for.)

@Jackie and I would like to appeal to the Tribunal because we believe that 100thlurker's ruling overinterprets Jackie's incredibly mild language. In the context of eating with one's hands, "savage" is a word that would be at home on any mother's lips. Treating a motherly admonishment as if it were a racist or colonialist diatribe is an extraordinary overreaction.
 
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(Is the brief pre-Tribunal-argument statement still the standard procedure? I can't seem to find it in the appeals procedure posts any longer. It seems strange to submit a full argument prior to the Council accepting the case, but that's what the rules now seem to ask for.)
For reasons that are not clear to me - talk about adding another thing to my plate, and I'll slap it up on Trello - we seem to have gone a bit wonky on this.

The policy, as I understand it (and as I believe Ford and Foamy understood it), was that in order to launch a Council appeal, you needed to submit your appeal prior to the Council having its two-week period for review.

There are two main reasons for this:

1. It discourages spurious appeals, by forcing the appellant to actually put in the work before it goes up;
2. It makes it clear to the Council specifically what issues they are deciding to hear.

But you're right, the Appeals Procedure isn't particularly solid on this. We'll fix that.
 
Just to check in, my appeal statement is completed, but I'd like to quickly run it by Jackie before posting. I plan to put it up as soon as I hear back.

1. It discourages spurious appeals, by forcing the appellant to actually put in the work before it goes up;
I feel as though this isn't very helpful when an Advocate is writing the appeal. :(
 
Introduction

Jackie was recently infracted for that mainstay of mothers everywhere: "stop eating with your hands like a savage." At appeal, this infraction was upheld by 100thlurker.

Unfortunately, 100thlurker's argument misses in many important ways. 100thlurker's argument is that the word "savage" is sufficiently toxic as to be problematic despite a context in which the word is clearly not being used in a racist fashion; as a common and typically inoffensive word, "savage" does not merit this type of scrutiny. Moreover, 100thlurker misinterprets the context of the thread in order to cast it as though Jackie were bringing race and racism into the discussion, when in fact she did quite the opposite.

The Word "Savage" Does Not Merit The Scrutiny Used

100thlurker is treating the word "savage" with high scrutiny, almost as high as for genuine slurs, as though any usage of the word is naturally suspect. However, it can mean, among other things, "boorish, rude" (plainly relevant to this situation), "untamed," or "fierce, ferocious." While there are ways to use "savage" in a racist way, especially in historical contexts, it must also be recognized that this is a common word in regular usage, and simply does not carry the same kind of baggage as a slur.

Even in the context of colonialism, "savage" is not a charged word because of its meaning. At its most racist, the word itself just means "uncivilized." Instead, the word picks up its connotations from what it can sometimes be used to imply. For example, if a group of people are "savages," that might be used as justification to kill them, colonize them, or beat them up and take their stuff. Jackie, however, does not use the word in this way. She is not demanding violent retribution against people who eat with their hands. Instead, she is using the word "savage" as a simple adjective, meaning "boorish."

For all of these reasons, it's plain that the word does not deserve the scrutiny that 100thlurker gives to it.

The Magistrate's Decision Misunderstands The Context Of The Thread

100thlurker's argument paints a picture of an unrelated discussion into which Jackie showed up and started insisting that cultures were "savage." In fact, what actually happened is quite the opposite; Jackie never even named any group in connection with the word "savage," instead purely responding to quotes from another poster.

Jackie made a simple declaration: eating with your hands is boorish, using the synonym "savage." Upon doing so, however, she was pounced upon by Hykal94, wielding a racist stereotype of many Southeast Asian nations as impoverished lands full of nomadic tribes unable to afford eating utensils. "You wouldn't call these crude generalizations savage, would you?" was his argument. Since Jackie is from Southeast Asia herself, she called this out as the offensive characterization it is:
Are you telling me that all of south east Asia is poor and nomadic? I'm from south east asia. I know people who live there. It's not like that.

In the face of Hykal's aggressive attempts at stereotyping, Jackie called him out, as she should. She did the same when faced with Cloak&Dagger's attempt to take the thread in a questionable direction, as I discussed in my Magistrate appeal. But she continued to stick to her position: "savage" is a perfectly normal word, entirely acceptable to use in reference to people who eat wet food with their hands. And, after aggressive questioning from Hykal, Jackie was forced to concede that if the word "savage" applied to anyone, it applied to his own crude generalizations.

Accordingly, 100thlurker's characterization of the thread is so mistaken as to be almost backwards.

Conclusion

The word "savage" is plainly not used in a racist fashion in this context, and does not merit such strong scrutiny as 100thlurker uses; moreover, 100thlurker's argument entirely misreads the conversation in order to tar Jackie for another poster's inflammatory statements.

Accordingly, there is no basis under the Community Compact for Jackie's infractions, and they should be overturned.
 
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Yay! :)

Before this goes to Tribunal, would anyone mind if I excised a few sentences from my argument? There is a slight error, unfortunately.
 
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