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Hate Speech Laws Essay

1077 Words5 Pages

I will distinguish the different hate speech laws within the United States. The topic of hate speech regulation in the USA has been debated for years, but some limits on expression were contemplated by the Framers and have been defined by the Supreme Court of the United States. The American approach reflects a system of constitutional rights in which the crucial value is liberty and in which the rights set forth in the first amendment, especially freedom of speech are of central significance in personifying the notion of liberty. Although Americans generally agree that hate speech is loathsome, it is legally protected in public discourse except when it involves incitement of lawless action in circumstances in which it is likely to produce such …show more content…

Waldron (2012) explains that when the states began to redefine “hate speech” it became problematic because the court's ruled differently instead of focusing on targeted groups that were being affected, it took an approach of the content and rhetoric into account. He cites Justice Frank Murphy who explains in detail the limits of the first amendment: “There are certain well-defined and limited classes of speech, the prevention and punishment of which have never been thought to raise a …show more content…

There use is a generalized, negative characterization, or classification of groups without regard to individual uniqueness. The use of such rhetoric consequently can cause the target and the listener or reader (i.e. receiver) discomfort or harm, unless the receiver has developed an ability to depersonalize such communication. Herz and Molnar (2012) analyze hate speech from the perspective of content and cites Bhikhu Parekh claims that; “Hate speech is objectionable... [because] it views members of the target group as an enemy within, refuses to accept them as legitimate and equal members of society, lowers their social standing, and in these and other ways subverts the very basis of a shared life.” Moreover, the uniquely high level of American protection for free expression does not necessarily mean that American society is better served in all

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