Flames, teargas, riots, city blocks destroyed, in consequence to a statement. In today 's modern society, rude acts of communication known as hate speech, have become a controversial topic in America. Although hate speech is awful, it should be protected by the first amendment. Hate speech should be permitted because omitting such phrases would set a precedent for censorship and repress the minority. Such censorship would lead to a totalitarian rule by the majority . While hate speech should be better understood, bigoted acts should not be included in hate speech or harmful subjective phrases. hate speech has become a spotlight topic and there is a discussion if free speech should protect it. The main opposition against free speech being an …show more content…
If we were to continue allowing hate speech where do we draw the line with hateful actions. In America, as a first world country, people should feel safe with who they are. In the case of the Westboro Baptist church, they protested funeral after funeral of a veteran after veteran(Mears). This caused people morning at the funerals to feel unsafe when they are at their weakest. A consensus along the side of banning speech is that we are to civil to have hate speech. “this issue has already been decided; impugning someone because of their race, gender or orientation is not acceptable in a civil society”(McElwee). Because of this people shouldn 't be up to someone 's genetics to decide how they should be treated modern society. The consensus from the other side is all speech should be protected, but only blatant offensive actions should be banned. Speech is a fundamental right and should be protected. “Think about it. It’s always easier to defend someone’s right to say something with which you agree. But in a free society, you also have a duty to defend speech to which you may strongly object”(mighty constitutional opposites). that is what separates the united states from a fascist country in that they protect all forms of speech. On the topic of hateful actions, only actions such as direct threats should be prosecuted and general hatred should be allowed. “The spectrum of hateful expression is broad, encompassing acts that are clearly illegal — such as firebombing a mosque …show more content…
“The Case for Censoring Hate Speech.” The Huffington Post,
TheHuffingtonPost.com, 24 July 2013, www.huffingtonpost.com/sean-mcelwee/hate-speech-online_b_3620270.html.
Mears, Bill. “Anti-Gay Church 's Right to Protest at Military Funerals Is Upheld.” CNN,
Cable News Network, 2 Mar. 2011, www.cnn.com/2011/US/03/02/scotus.westboro.church/index.ht “Mighty Constitutional Opposites.” ABA Division for Public Education: Students:
Debating the "Mighty Constitutional Opposites": Hate Speech Debate, ABA Division for Public Education, www.americanbar.org/groups/public_education/initiatives_awards/students_in_action/debate_hate.html. Schulzke, Marcus. "The Social Benefits of Protecting Hate Speech and Exposing
Sources of Prejudice." Res Publica (13564765), vol. 22, no. 2, May 2016, pp. 225-242. EBSCOhost, doi:10.1007/s11158-015-9282-1.
Stanley, Jay. “Civil Rights Movement Is a Reminder That Free Speech Is There to
Protect the Weak.” American Civil Liberties Union, American Civil Liberties Union, 30 May 2017, www.aclu.org/blog/free-speech/civil-rights-movement-reminder-free-speech-there-protect-weak. Tucker , Eric. “How Federal Law Draws a Line between Free
“By the mid nineties, the issue couldn’t exclude religious speakers from the list” The new look of religious cases allowed for people to go against the law of religious freedom. - pg 113 “But the stat denied a request heightened the differences between them.” The law of freedom of speech works for many terrible groups of people, making them question if they are actually doing the right thing. Support:
The suppression of hate propaganda signifies an infringement of individual’s freedom of expression. An activity that conveys a message through non-violent forms of expression is protected under the s.2 of the Charter regardless of how offensive it is. Moreover, there was a misapplication of Charter, which made s.319 (2) of the Criminal Code to fail the proportionality test. There was no relation between the criminalization of hate speech and its suppression. Although his comments were offensive, they did not pose any threats they way violence or violence threats would have.
First Amendment rights are guaranteed to all American citizens, but current free speech issues are testing Constitutional boundaries. Where must the line be drawn between free speech and infringement upon others’ rights? Is there some speech so cruel and so appalling that it does not merit protection? These issues have been raised by the recent activities of the Westboro Baptist Church. Based out of Topeka, Kansas[1], this small group of radicals is marked by their hateful views and their contempt for homosexuality. The Westboro Baptist Church has gained notoriety and sparked national outrage with their offensive acts, particularly by protesting the funerals of fallen soldiers.
In my interpretation of the First Amendment, the rights of the people to freely express their opinions, even if unpopular, is clearly protected. Specifically, hate speech is not clearly defined and may differ between people. Individuals and groups can disagree on if specific issues may be considered hateful. Advocates of, what some may consider as hate speech, will likely disagree that their opinions on an issue would be considered hate speech. Protecting all speech, including hate speech, should only imply that the government is following the first amendment to not interfere or be prejudice against anyone expressing their opinions if done so with regard to other laws.
There are currently no constitutional limits on hate speech, even though many community areas such as college campuses have passed restrictions. Any law that restricts hate speech is actually unconstitutional as of right now, and to move forward with an agenda that would restrict speech in this way on a federal level is simply not supported by the Constitution. Attempting to pass a law that defines hateful speech and outlaws it would be a violation of the first amendment, as it would be very difficult to do so in a way that does not infringe on other liberties granted under the first amendment. Many of those who support hate speech as a first amendment right argue that hateful words do not incite violence unless that violence already existed, and would have happened with or without encouragement. This is a nice thought, and in a perfect world it would even be true, however, this notion is not supported by the massive amount of evidence showing violent acts encouraged by hateful speech.
Charles Lawrence in his racist speech tries to convince that racist speech needs to be regulated. He argues that hate speech is intolerable in the United States because it represents discrimination which Everyone defines hate speech differently. I define hate speech as anything that incites aggression regarding one person or a group of people. Now a day’s people uses free speech as a defense for saying anything but discriminating someone is not free speech.
Currently, the United State’s criterion on Speech includes, “obscenity, fraud, child pornography, harassment, incitement to illegal conduct and imminent lawless action, true threats, and commercial speech such as advertising, copyright or patent rights” (Gaudefroy 3). However, speech involving discriminatory words or racial intentions are protected by the law. To avoid instances that degrade the minority group, stricter rules need to be enforced on the delicate topic. Restrictions on hate speech should include usage of “misogynistic, homophobic, racist, and conspiracy-laden language” (Gaudefroy 3). Efforts to restrict these types of beliefs would create a more safe and equal society for all individuals.
A speech code is any university policy that forbids the use of hateful or contemptuous expressions towards any social group, particularly those categorized based on race, ethnicity, gender, sexual orientation, nationality, religion, etc. In this essay, I will explain why such regulations are justifiable for the reasons that Charles R. Lawrence Ⅲ states in Racist Speech as the Functional Equivalent of Fighting Words. He argues that speech codes “[do] nothing more than prohibit intentional face-to-face insults”(pg 175), and that “racial insults are undeserving of First Amendment protection because the perpetrator’s intention is not to discover truth or initiate dialogue, but to injure the victim.”(pg 175) A prime reason for many universities
Although hate speech is bigoted, hate-mongering, and can potentially lead to hate crimes, it should still be considered free speech. If citizens of the United States are not allowed to be verbal about their beliefs, whether or not they are offensive and hateful, then there is no use in allowing free speech. Placing limitations on free speech contradicts the First Amendment, therefore making it inaccurate and useless.
The idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.
The ability to speak freely is written in the bill of rights and has been preserved for decades, but when free speech turns into hate speech it brings up the widely deliberated issue about banning hate speech. There are many different perspectives on the issue of hate speech. Author of Hate Speech is Free Speech, Gov. Dean and Law professor, Glenn Harlan Reynolds, applies a strong historical perspective on the situation arguing that people are “constitutionally illiter[ate]” when they make the claim that hate speech is not part of the First Amendment. Believing that it is impossible to ban hate speech because everyone will always disagree with any idea, Reynolds focuses on the problems with banning hate speech and what might happen if hate
We can’t misuse the freedom of speech, saying words that can cause serious harm (bullying). This form of speech will cause depression, suicide, and stunted social development. When freedom of speech hurts others, then it is not just an opinion anymore; it is a form of hate
looks at how it ultimately affects society and targeted groups. There are a myriad of arguments for and against the allowance of hate speech. Some citing Democracy and the first amendment others stem from the fear of eroded freedoms of expression and have valid points, but ultimately, it corrodes society’s human rights and freedoms. The two fold issue being intolerance of the freedom of self-determination and the fact that some are born a color or culture and have no choice. Therefore, hate speech is anti-social and damaging to society as a whole.
Before one can adequately judge hate speech and what should or should not be censored we have to unearth what is or isn’t hateful speech. According to Geoffrey Stone, legal scholar at University of Chicago, “Displays containing abusive, invective, or questionable content no matter how vicious or severe, are permissible unless they are addressed to one of the specific disfavored topics the court and constitution will not protect.” (Stone 81). There is obviously a fine line between what is hate speech and what is not hate speech, but so long as it is not libel, slander, or fighting words the constitution does not have a special exception for it. There is certainly speech that we are exposed to on a daily basis that may be severe and vicious, but this does not necessarily mean that this sort of speech is not permissible under common law.
Firstly, Ring (2013) wrote about a thesis entitled “Hate Speech in Social Media: an Exploration of the Problem and Its Proposed solutions”. This study research shows that although most major social media companies such as Google, Facebook and Twitter have their own policies regarding whether and what kinds of hate speech that are permitted on their sites, the policies are often inconsistently applied and can be difficult for users to understand. In Ring’s dissertation, she suggested that social media platforms have to encourage self-regulation about what kind of hate speech contents are, and those contents are not permitted on these sites. Forming A working group comprised of social media decision makers will develop the policy and staff members of the Federal Communications Commission will facilitate this process. The focus of her study is the legal communication and scholars of those social media regulations.