The girl already cried. Making it into a meme doesn't make her cry more. People using the meme are exercising their Freedom (of speech, in this case). That freedom of speech isn't really infringing on anyone else's rights, so it's essentially zero cost. Freedom is the second most important natural right, right after Life.[1]
The only argument for not using the meme here would be if _the actual girl in the meme_ wrote an open letter asking people not to use it publicly because every time she sees it she feels those emotions again or some such. I would definitely stop using it then--not that I use that meme to begin with, but that's really besides the point.
I don't care if some rando online wants to police speech. They have no power or right to do so. They are free to have an _opinion_, just as I am, because again, Freedom is a very important right. And they have no right to limit any of my rights, unless my exercise of some right infringed on a higher right of theirs e.g. I cannot claim to have the Freedom to negatively affect their Life.
And, importantly, I think some third-party claiming they are hurt by the use of that meme on behalf of the woman in the photo is not a tenable position. They could only do so if she had expressed the desire for people to stop using the meme, in which case it would still not make a difference whether such people felt hurt or not, but rather that the actual woman was hurt.
There's your argument from first principles. QED.
---
1. I'm handwaving this hierarchy of rights and the existence of natural rights, but hopefully it isn't too controversial to claim that the Life is the paramount right and Freedom should follow closely. I've thought long and hard about this and could never find a better hierarchy. In fact, I'd go as far as saying that every other right derives from just those two rights and their hierarchy relative to each other and to all other rights, but since I have no degree in Law or Philosophy to support such a claim robustly, I can only propose it as a thought experiment left as an exercise to the reader.
Great argument overall. What strikes me is that I have also thought long and hard about fundamental natural rights, and my proposition is that Free Will is paramount and Privacy is the close second.
I believe such a claim can be robustly supported, and it is my hope to one day do so, ideally supported with a degree of philosophy. Your perspective is, in some ways, quite similar to my own, though it also has notable differences. I do believe it can be rigorously argued, for example, that Life is an outcome of Free Will, not the other way around. I believe it can also be shown that Privacy (not the cybernetic privacy, or cyberprivacy, articulated with privacy policies, GDPR, CCPA, and HIPAA) is (a) distinct from Free Will, (b) uniquely allows for the expression and development of Free Will, and (c) that maximal expression of Free Will is the global optimum for Life.
Thanks for the reply and for giving me further food for thought. I'll have to think more about it but I can see how Privacy fits this framework. My first inclination is to see Privacy as a consequence of Freedom, meaning you are free not to disclose something if you choose so. I'm still seeing Life as the foremost right because without it, you can't exercise any other rights, and because one's right to be free cannot infringe another one's right to live, generally speaking. But regardless, you've given me lots of great food for thought, so thank you again for that reply and I look forward to seeing your paper posted here one day
The only argument for not using the meme here would be if _the actual girl in the meme_ wrote an open letter asking people not to use it publicly because every time she sees it she feels those emotions again or some such. I would definitely stop using it then--not that I use that meme to begin with, but that's really besides the point.
I don't care if some rando online wants to police speech. They have no power or right to do so. They are free to have an _opinion_, just as I am, because again, Freedom is a very important right. And they have no right to limit any of my rights, unless my exercise of some right infringed on a higher right of theirs e.g. I cannot claim to have the Freedom to negatively affect their Life.
And, importantly, I think some third-party claiming they are hurt by the use of that meme on behalf of the woman in the photo is not a tenable position. They could only do so if she had expressed the desire for people to stop using the meme, in which case it would still not make a difference whether such people felt hurt or not, but rather that the actual woman was hurt.
There's your argument from first principles. QED.
---
1. I'm handwaving this hierarchy of rights and the existence of natural rights, but hopefully it isn't too controversial to claim that the Life is the paramount right and Freedom should follow closely. I've thought long and hard about this and could never find a better hierarchy. In fact, I'd go as far as saying that every other right derives from just those two rights and their hierarchy relative to each other and to all other rights, but since I have no degree in Law or Philosophy to support such a claim robustly, I can only propose it as a thought experiment left as an exercise to the reader.