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commit: 556ae460efed6e18914ccedcec1751bdc5d15f68
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Author: Drew DeVault <sir@cmpwn.com>
Date:   Sun, 26 Nov 2023 10:23:10 +0100

RMS on sex

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diff --git a/content/blog/2023-11-26-RMS-on-sex.md b/content/blog/2023-11-26-RMS-on-sex.md @@ -0,0 +1,491 @@ +--- +title: Richard Stallman's political discourse on sex +date: 2023-11-25 +--- + +Richard Stallman, the founder of the Free Software Foundation, has been subject +to numerous allegations of misconduct. He stepped down in 2019, and following +his re-instatement in 2021, a famous [open letter][0] was published in which +numerous organizations and individuals from throughout the Free Software +ecosystem called for his removal from the Free Software Foundation. The letter +had no effect; Stallman remains a voting member of the FSF's [board of +directors][1] to this day and continues to receive numerous [speaking +engagements][2]. + +*Content warning: This article discusses sexual abuse, sexual assault, sexual +harassment, and all of the above with respect to minors, as well as the systemic +normalization of abuse, and directly quotes statements which participate in the +normalization of abuse.* + +[0]: https://rms-open-letter.github.io/ +[1]: https://www.fsf.org/about/staff-and-board +[2]: https://stallman.org/talks.html + +This article presents an analysis of Stallman's political discourse on sex with +the aim of establishing the patterns that cause the sort of discomfort that led +to Stallman's public condemnation. In particular, we will address how Stallman +speaks about sexual assault, harassment, consent, and minors in his discourse. + +I think that it is important to acknowledge this behavior not as a series of +isolated incidents, nor a conflict with Stallman's "[personal style][style]", +but a pattern of behavior from which a political narrative forms, and draws +attention to the fact that the meager retractions, excuses, and non-apologies +from both Stallman and the Free Software Foundation as a whole fail to account +for that pattern in a meaningful way. + +[style]: https://www.fsf.org/news/statement-of-fsf-board-on-election-of-richard-stallman + +The failure of the Free Software community to account for Richard Stallman's +behavior has a chilling effect. The norms set by our leadership influence the +norms of our broader community, and many members of the Free Software community +look to Stallman as a ideological and political leader. The norms Stallman +endorses are harmful and deeply confronting and alienating to many people, in +particular women and children. Should these norms be adopted by our movement, we +risk creating a community which enables the exploitation of vulnerable people. + +Let's begin to address this by considering Stallman's retraction of his comments +in support of pedophilia. The following comment from Stallman in 2013 drew harsh +criticism: + +> There is little evidence to justify the widespread assumption that willing +> participation in pedophilia hurts children. + +<small>&mdash; <a href="https://web.archive.org/web/20210325014249/https://stallman.org/archives/2012-nov-feb.html#04_January_2013_(Pedophilia)">stallman.org, 04 January 2013 "Pedophilia"</a></small> + +Following much of the criticism directed at Stallman, he had a number of +"personal conversations" which reframed his views. Of the many comments Stallman +has made which drew ire, this is one of the few for which a correction was made, +in September 2019: + +> Many years ago I posted that I could not see anything wrong about sex between +> an adult and a child, if the child accepted it. +> +> Through personal conversations in recent years, I've learned to understand how +> sex with a child can harm per psychologically. This changed my mind about the +> matter: I think adults should not do that. I am grateful for the conversations +> that enabled me to understand why. + +<small>&mdash; <a href="https://web.archive.org/web/20210325015259/https://stallman.org/archives/2019-jul-oct.html#14_September_2019_(Sex_between_an_adult_and_a_child_is_wrong)">stallman.org, 14 September 2019 "Sex between an adult and a child is wrong"</a></small> + +This statement from Stallman has been accepted by his defenders as evidence of +his capitulation on pedophilia. I argue that this statement is misleading due to +the particular way Stallman uses the word "child". When Stallman uses this word, +he does so with a very specific meaning, which he explains on his website: + +> Children: Humans up to age 12 or 13 are children. After that, they become +> adolescents or teenagers. Let's resist the practice of infantilizing +> teenagers, by not calling them "children". + +<small>&mdash; <a href="https://www.stallman.org/antiglossary.html">stallman.org, "Anti-glossary"</a></small> + +It seems clear from this definition is that Stallman's comments are not a +capitulation at all. His 2019 retraction, when interpreted using his definition +of "children", does not contradict most of Stallman's past statements regarding +sex and minors, including his widely criticized defenses of many people accused +of sexual impropriety with minors. + +Stallman's most recent direct response to his criticism underscores this: + +> It was right for me to talk about the injustice to Minsky, but it was +> tone-deaf that I didn't acknowledge as context the injustice that Epstein did +> to women or the pain that caused. + +<small>&mdash; <a href="https://www.fsf.org/news/rms-addresses-the-free-software-communit">fsf.org, April 12, 2021, "RMS addresses the free software community"</a></small> + +Stallman qualifies his apology by explicitly re-affirming his defense of Marvin +Minsky, which is addressed in detail later in this piece. Stallman's +doubling-down here is consistent with the supposition that Stallman maintains +the view that minors can have sexual relationships with adults of any age, +provided that they aren't "children" -- in other words, provided they're at +least 13 or 14 years old. + +Stallman cares deeply about language and its usage. His strange and deliberate +usage of the word "children" is also found many times throughout his political +notes over the years. For example: + +> It sounds horrible: "UN peacekeepers accused of child rape in South Sudan." +> But the article makes it pretty clear that the "children" involved were not +> children. They were teenagers. + +<small>&mdash; <a href="https://web.archive.org/web/20180509120046/https://stallman.org/archives/2018-mar-jun.html#30_April_2018_(UN_peacekeepers_in_South_Sudan)">stallman.org, 30 April 2018 "UN peacekeepers in South Sudan"</a></small> + +Here Stallman again explicitly distinguishes "teenagers" from children, drawing +this distinction especially in the context of sexual relationships between +adults and minors. Stallman repeats this pattern many times over the years -- we +see it again in Stallman's widely criticized defense of Cody Wilson: + +> Cody Wilson has been charged with hiring a "child" sex worker. Her age has +> not been announced, but I think she must surely be a teenager, not a child. +> Calling teenagers "children" in this context is a way of smearing people with +> normal sexual proclivities as "perverts". + +<small>&mdash; <a href="https://web.archive.org/web/20180924231708/https://stallman.org/archives/2018-jul-oct.html#23_September_2018_(Cody_Wilson)">stallman.org, 23 September 2018 "Cody Wilson"</a></small> + +And once more when defending Roy Moore: + +> Senate candidate Roy Moore tried to start dating/sexual relationships with +> teenagers some decades ago. +> +> He tried to lead Ms Corfman step by step into sex, but he always respected +> "no" from her and his other dates. Thus, Moore does not deserve the +> exaggerated condemnation that he is receiving for this. As an example of +> exaggeration: one mailing referred to these teenagers as "children", even the +> one that was 18 years old. Many teenagers are minors, but none of them are +> children. +> +> The condemnation is surely sparked by the political motive of wanting to +> defeat Moore in the coming election, but it draws fuel from ageism and the +> fashion for overprotectiveness of "children". + +<small>&mdash; <a href="https://web.archive.org/web/20180104112431/https://www.stallman.org/archives/2017-nov-feb.html#27_November_2017_(Roy_Moore's_relationships)">stallman.org, 27 November 2017 "Roy Moore's relationships"</a></small> + +Ms. Corfman was 14 at the time Roy Moore is accused of initiating sexual contact +with her; Moore was 32 at the time. Here we see an example of him re-iterating +his definition of "children", a distinction he draws especially to suggest that +an adult having sex with a minor is socially acceptable. + +Note that Stallman refers to Ms. Corfman as Moore's "date". Stallman's use of +this word is important: here he normalizes the possibility that a minor and an +adult could engage in a healthy dating relationship. In this statement, Stallman +cites an article which explains circumstances which do not resemble such a +normalized dating experience: Moore isolated Corfman from her mother, drove her +directly to his home, and initiated sexual contact there. + +Note also that the use of the phrase "step by step" in this quotation is more +commonly referred to as "grooming" in the discourse on child sexual +exploitation. + +Stallman reaches for similar reasoning in other political notes, such as the +following: + +> A British woman is on trial for going to a park and inviting teenage boys to +> have sex with her there. Her husband acted as a lookout in case someone else +> passed by. One teenager allegedly visited her at her house repeatedly to have +> sex with her. +> +> None of these acts would be wrong in any sense, provided they took precautions +> against spreading infections. The idea that adolescents (of whatever sex) need +> to be "protected" from sexual experience they wish to have is prudish +> ignorantism, and making that experience a crime is perverse. + +<small>&mdash; <a href="https://web.archive.org/web/20170612074722/http://stallman.org/archives/2017-mar-jun.html#26_May_2017_(Prudish_ignorantism)">stallman.org, 26 May 2017, "Prudish ignorantism"</a></small> + +The woman in question, aged 60, had sex with her husband, age 69, in a public +space, and invited spectators as young as 11 to participate. + +Stallman has also sought to normalize adult attraction to minors, literally +describing it as "normal" in September 2018: + +> Calling teenagers "children" encourages treating teenagers as children, a +> harmful practice which retards their development into capable adults. +> +> In this case, the effect of that mislabeling is to smear Wilson. It is rare, +> and considered perverse, for adults to be physically attracted to children. +> However, it is normal for adults to be physically attracted to adolescents. +> Since the claims about Wilson is the latter, it is wrong to present it as the +> former. + +<small>&mdash; <a href="https://www.stallman.org/archives/2018-sep-dec.html#23_September_2018_(Cody_Wilson)">stallman.org, 23 September 2018, "Cody Wilson"</a></small> + +One month prior, Stallman made a statement which similarly normalized adult +attraction to minors, and suggests that acting on this attraction should be +acceptable to society, likening opposition to this view to homosexual conversion +therapy: + +> This accords with the view that Stendhal reported in France in the 1800s, +> that a woman's most beautiful years were from 16 to 20. +> +> Although this attitude on men's part is normal, the author still wants to +> present it as wrong or perverted, and implicitly demands men somehow control +> their attraction to direct it elsewhere. Which is as absurd, and as +> potentially oppressive, as claiming that homosexuals should control their +> attraction and direct it towards to the other sex. Will men be pressured to +> undergo "age conversion therapy" intended to brainwash them to feel attracted +> mainly to women of their own age? + +<small>&mdash; <a href="https://web.archive.org/web/20180911075211/https://www.stallman.org/archives/2018-jul-oct.html#21_August_2018_(Age_and_attraction)">stallman.org, 21 August 2018, "Age and attraction"</a></small> + +A trend is thus clearly seen in Stallman's regular political notes, over several +years, wherein Stallman re-iterates his position that "adolescents" or +"teenagers" are distinct from "children" for the purpose of having sex with +adults, and normalizes and defends adult attraction to minors and adults who +perform sexual acts with minors. We see this distinction of the two groups, +children and adolescents, outlined again on his "anti-glossary", which still +published on his website today, albeit without the connotations of sex. His +regular insistence on a definition of children which excludes adolescents +serves such that his redaction of his controversial 2013 comment serves to +redact none of the other widely-condemned comments he has made since. + +Stallman has often written political notes when people accused of sexual +impropriety, particularly with minors, appear in the news, or appear among +Stallman's social circle. Stallman's comments generally downplay the abuse and +manipulate language in a manner which benefits perpetrators of abuse. We see +this downplaying in another example from 2019: + +> Should we accept stretching the terms "sexual abuse" and "molestation" to +> include looking without touching? +> +> I do not accept it. + +<small>&mdash; <a href="https://www.stallman.org/archives/2019-may-aug.html#11_June_2019_(Stretching_meaning_of_terms)">stallman.org, 11 June 2019 "Stretching meaning of terms"</a></small> + +Stallman is writing here in response to a news article outlining accusations of +sexual misconduct directed at Ohio State athletics doctor Richard Strauss. +Strauss was accused of groping at least 177 students between 1979 and 1997 +during routine physical exams, accusations corroborated by at least 50 members +of the athletic department staff. + +In addition to Stallman's regular fixation of the use of the word "children" +with respect to sex, this political note also draws our attention to the next +linguistic fixation of Stallman I want to question: the use of phrases like +"sexual abuse" and "sexual assault". The term "sexual assault" also appears in +Stallman's "Anti-glossary": + +> Sexual assault: The term is applied to a broad range of actions, from rape on +> one end, to the least physical contact on the other, as well as everything in +> between. It acts as propaganda for treating them all the same. That would be +> wrong. +> +> The term is further stretched to include sexual harassment, which does not +> refer to a single act, but rather to a series of acts that amounts to a form +> of gender bias. Gender bias is rightly prohibited in certain situations for +> the sake of equal opportunity, but that is a different issue. +> +> I don't think that rape should be treated the same as a momentary touch. +> People we accuse have a right to those distinctions, so I am careful not to +> use the term "sexual assault" to categorize the actions of any person on any +> specific occasion. + +<small>&mdash; <a href="https://www.stallman.org/antiglossary.html">stallman.org, "Anti-glossary"</a></small> + +Stallman often fixates on the term "sexual assault" throughout his political +notes. He feels that the term fails to distinguish between "grave" and "minor" +crimes, as he illustrated in 2021: + +> "Sexual assault" is so vague that it makes no sense as a charge. Because of +> that term, we can't whether these journalists were accused of a grave crime +> or a minor one. However, the charge of espionage shows this is political +> persecution. + +<small>&mdash; <a href="https://stallman.org/archives/2021-jul-oct.html#21_July_2021_(Imprisonment_of_journalists)">stallman.org, 21 July 2021, "Imprisonment of journalists"</a></small> + +I would like to find out what kind of crimes Stallman feels the need to +distinguish along this axis. His other political notes give us some hints, +such as this one regarding Al Franken's sexual misconduct scandal: + +> If it is true that he persistently pressured her to kiss him, on stage and +> off, if he stuck his tongue into her mouth despite her objections, that could +> well be sexual harassment. He should have accepted no for an answer the first +> time she said it. However, calling a kiss "sexual assault" is an exaggeration, +> an attempt to equate it to much graver acts, that are crimes. +> +> The term "sexual assault" encourages that injustice, and I believe it has been +> popularized specifically with that intention. That is why I reject that term. + +<small>&mdash; <a href="https://web.archive.org/web/20190801201704/https://stallman.org/archives/2019-may-aug.html#30_July_2019_(Al_Franken)">stallman.org, 30 July 2019, "Al Franken"</a></small> + +Stallman also wrote in 2020 to question the use of the phrase again: + +> In the US, when thugs[^thugs] rape people they say are suspects, it is +> rare to bring them to justice. +> +> I object to describing any one crime as "sexual assault" because that is vague +> about the severity of the crime. This article often uses that term to refer to +> many crimes that differ in severity but raise the same issue. That may be a +> valid practice. + +<small>&mdash; <a href="https://stallman.org/notes/2020-jul-oct.html#12_August_2020_(When_thugs_rape_people_they_say_are_suspects)">stallman.org, 12 August 2020, "When thugs rape people they say are suspects"</a></small> + +[^thugs]: Stallman consistently refers to police officers as "thugs" in his + writing; see Stallman's [Glossary](https://stallman.org/glossary.html). + +In the article Stallman cites in this political note, various unwelcome sexual +acts by the police are described, the least severe of which is probably +molestation. + +More alarmingly, Stallman addresses his views on the term "sexual assault" in +this 2017 note, affording for the possibility that a 35-year-old man could have +had consensual sex with an 11-year-old girl. + +> Jelani Maraj (who I had never heard of) could be imprisoned for a long time +> for "sexual assault". What does that concretely mean? +> +> Due to the vagueness of the term "sexual assault" together with the dishonest +> law that labels sex with adolescents as "rape" even if they are willing, we +> cannot tell from this article what sort of acts Maraj was found to have +> committed. So we can't begin to judge whether those acts were wrong. +> +> I see at least three possibilities. Perhaps those acts really constituted +> rape — it is a possibility. Or perhaps the two had sex willingly, but her +> parents freaked out and demanded prosecution. Or, intermediate between those +> two, perhaps he pressured her into having sex, or got her drunk. + +<small>&mdash; <a href="https://stallman.org/archives/2017-nov-feb.html#13_November_2017_(Jelani_Maraj)">stallman.org, 13 November 2017, "Jelani Maraj"</a></small> + +Another article by Stallman does not explicitly refer to sexual assault, but +does engage in a bizarre defense of a journalist who was fired for masturbating +during a video conference. In this article Stallman fixates on questions such as +whether or not the genitals being in view of the webcam was intentional or not, +and suggests that masturbating on a video call would be acceptable should the +genitals remain unseen. + +> The New Yorker's unpublished note to staff was vague about its grounds for +> firing Toobin. Indeed, it did not even acknowledge that he had been fired. +> This is unfair, like convicting someone on unstated charges. Something didn't +> meet its "standards of conduct", but it won't tell us what — we can only +> guess. What are the possibilities? Intentionally engaging in video-call sex as +> a side activity during a work meeting? If he had not made a mistake in keeping +> that out of view of the coworkers, why would it make a difference what the +> side activity was? + +<small>&mdash; <a href="https://www.stallman.org/articles/toobin.html">stallman.org, November 2020, "On the Firing of Jeffrey Toobin"</a></small> + +Finally, Stallman elaborated on his thoughts on the term most recently in +October 2023. This note gives the clearest view of Stallman's preferred +distinction between various sexual crimes: + +> I warned that the stretchable term "sexual assault", which extends from grave +> crimes such as rape through significant crimes such as groping and down to no +> clear lower bound, could be stretched to criminalize minor things, perhaps +> even stealing a kiss. Now this has happened. +> +> What next? Will a pat on the arm or a hug be criminalized? There is no clear +> limit to how far this can go, when a group builds up enough outrage to push +> it. + +<small>&mdash; <a href="https://www.stallman.org/archives/2023-sep-dec.html#15_October_2023_(Sexual_assault_for_stealing_a_kiss)">stallman.org, 15 October 2023, "Sexual assault for stealing a kiss"</a></small> + +From Stallman's statements, we can refine his objection to the term "sexual +assault", and sexual behaviors generally, to further suggest that the following +beliefs are held by Stallman on the subject: + +- Groping and molestation are not sexual assault, but are crimes +- Kissing someone without consent is not sexual assault, furthermore it is not wrong +- Masturbating during a video conference is not wrong if you are not seen doing so +- A 35-year-old man having sex with an 11-year-old girl does not constitute + rape, nor sexual assault, but is in fact conscionable + +The last of these may be covered under Stallman's 2019 retraction, even +accounting for Stallman's unconventional use of the word "children". + +Stallman's fixation on the term "sexual assault" can be understood in his +political notes as having the political aims of eroding the meaning of the +phrase, questioning the boundaries of consent, downplaying the importance of +agency in intimate interactions, appealing for the defense of people accused of +sexual assault, and arguing for sexual relationships between minors and adults +to be normalized. In one notable case, he has used this political angle to rise +to the defense of his friends -- in Stallman's infamous email regarding Marvin +Minsky, he writes the following: + +> The injustice [done to Minsky] is in the word “assaulting”. The term “sexual +> assault” is so vague and slippery that it facilitates accusation inflation: +> taking claims that someone did X and leading people to think of it as Y, which +> is much worse than X. +> +> (...) +> +> The word “assaulting” presumes that he applied force or violence, in some +> unspecified way, but the article itself says no such thing. Only that they had +> sex. +> +> We can imagine many scenarios, but the most plausible scenario is that she +> presented herself to him as entirely willing. Assuming she was being coerced +> by Epstein, he would have had every reason to tell her to conceal that from +> most of his associates. +> +> I’ve concluded from various examples of accusation inflation that it is +> absolutely wrong to use the term “sexual assault” in an accusation. + +<small>&mdash; Excerpt from <a href="https://scribe.rip/medium.com/@selamie/remove-richard-stallman-fec6ec210794">Selam G's recount of Stallman's email</a> to MIT Computer Science and Artificial Intelligence Laboratory mailing list, September 2019. Selam's quotation has been corroborated by other sources. +Minsky is, in this context, accused of having had a sexual encounter with a +minor facilitated by convicted child trafficker Ghislaine Maxwell. The original +accusation does not state that this sexual encounter actually occurred; only +that the minor in question was instructed to have sex with Minsky. Minsky would +have been at least 75 years old at the time of the alleged incident; the minor +was 16. +</small> + +There is an important, but more subtle pattern in Stallman's statements that I +want to draw your attention to here: Stallman appears to have little to no +understanding of the role of power dynamics in sexual harassment, assault, and +rape. Stallman appears to reject the supposition that these acts could occur +without an element of outwardly apparent violent coercion. + +This is most obviously evidenced by his statements regarding the sexual abuse of +minors; most people understand that minors cannot consent to sex even if they +"appear willing", in particular because an adult in this situation is exploiting +a difference in experience and maturity to manipulate the child into sexually +satisfying them -- in other words, a power differential. Stallman seems to +reject this understanding of consent in his various defenses of people accused +of sexual impropriety with minors, and in cases where the pretense of consent +cannot be easily established, he offers the perpetrator the benefit of the +doubt. + +We can also find an example of Stallman disregarding power dynamics with respect +to adults in the following political note from 2017: + +> A famous theater director had a habit of pestering women, asking them for sex. +> +> As far as I can tell from this article, he didn't try to force women into sex. +> +> When women persistently said no, he does not seem to have tried to punish them. +> +> The most he did was ask. +> +> He was a pest, but nothing worse than that. + +<small>&mdash; <a href="https://web.archive.org/web/20180131020215/https://stallman.org/archives/2017-jul-oct.html#29_October_2017_(Pestering_women)">stallman.org, 29 October 2017, "Pestering women"</a></small> + +In this case we have an example of "quid pro quo", a kind of sexual harassment +which weaponizes power dynamics for sexual gratification. This kind of sexual +harassment is explicitly cited as illegal by Title VII of the US Civil Rights +Act. A lack of competence in this respect displayed by Stallman, whose position +in the Free Software Foundation board of directors requires that he act in a +manner consistent with this law, is alarming. + +I have identified this blindness to power dynamics as a recurring theme in +Stallman's comments on sexual abuse, be it with respect to sexual relationships +between minors and adults, managers and subordinates, students and teachers, or +public figures and their audience. I note for the reader that Stallman has held +and currently holds several of these positions of power. + +In addition to his position as a voting member of the Free Software Foundation's +Board of Directors, Stallman is still invited to speak at events and +conferences. [Stallman's infamous rider][rider] prescribes a number of his +requirements for attending an event; most of his conditions are relatively +reasonable, though amusing. In this document, he states his preference for being +accommodated in private, on a "spare couch", when he travels. At these events, +in these private homes, he may be afforded many opportunities to privacy with +vulnerable people, including minors that, in his view, can consent to having sex +with adults. + +[rider]: https://github.com/ddol/rre-rms/blob/master/fulltext/20111018.txt + +In summary, Stallman has a well-documented and oft-professed set of political +beliefs which reject the social and legal norms regarding consent. He is not +simply quietly misled in these beliefs; rather he advocates for these values +using his political platform. He has issued no meaningful retractions of these +positions or apologies for harm caused, and has continued to pursue a similar +agenda since his return to the FSF board of directors. + +This creates a toxic environment not only in the Free Software Foundation and in +Stallman's direct purview, but in the broader Free Software movement. The free +software movement is culturally poisoned by our support of Stallman as our +ideological leader. The open letter calling for Stallman's removal received +3,000 signatures; the counter-letter in support of Stallman received 6,876 +before it stopped accepting submissions. + +Richard Stallman founded the Free Software Foundation in 1985, and has performed +innumerable works to the benefit of our community since then. We've taken +Stallman's views on software freedom seriously, and they've led us to great +achievements. It is to Stallman's credit that the Free Software community is +larger than one man. However, one's political qualifications to speak about free +software does not make one qualified to address matters of sex; in this respect +Stallman's persistence presents as dangerous incompetence. + +When we consider his speech on sex as a discourse that has been crafted and +rehearsed methodically over the years, he asks us to consider him seriously, and +so we must. When we analyze the dangerous patterns in this discourse, we have to +conclude that he is not fit for purpose in his leadership role, and we must +acknowledge the shadow that our legitimization of his discourse casts on our +community.