TenForward: Where Every Vulcan Knows Your Name
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Re-route power to the shields, emit a tachyon pulse through the deflector, and post all the nonsense you want. Within reason of course.
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I think the concept is still high minded even if they ignored previous continuity for the sake of having the argument in the first place.
The antagonist is also a character that has little experience actually working with Data; so his ignorance is to be expected. I'm also not really sure how allowing him to be in Starfleet, hold ranks and what not means anything about his humanity.
I mean, even if they considered him to be nothing more than a machine, having him go through the academy and actually gain experience doing his job is a good test of the machine's ability to pretend to be human. It doesn't necessarily mean Starfleet wouldn't do the same for something like a non-android, AI powered robot that nobody would consider to be human.
I don't think the point even is "are androids human?" The point was "what makes a human human?" Our definition of it in reality is based more on emotion than rationality; there is a certain je ne sais quoi about what makes us different from other animals and opinions differ wildly about it.