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Hate Speech Laws Essay

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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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The goal of hate speech is something that Waldron also discusses in chapters 3 and 4 of The Harm in Hate Speech. He explains that hate speech “amounts to assault upon the dignity of the person affected – “dignity,” in the sense of their basic social standing, the basis of their recognition as social equals and as bearers of human rights and constitutional entitlements” (Waldron, 59). The methodology behind hate speech is crucial to understanding how effective it truly

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In the article “Sorry, College Kids, There’s No Such Thing As Hate Speech” by The Federalist. The author John Daniel Davidson believes there is so no such thing as hate speech unless it is a crime. I agree with the author, you can say what you want unless it causes a riot or a crime is committed. [1]The case, which involved a white teenager burning a cross made from taped-together broken chair legs in the front yard of a black family that lived across the street, went to the U.S. Supreme Court. In this case I believe if no one was hurt and there wasn’t any damage to the property the white teenager shouldn’t be convicted.

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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.

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This group believes the First Amendment should no longer protect those who incite hate speech and instead, imprison or charge them with a hefty fine. Lastly, the third position for the hate speech debate are those who stand on the middle ground between the two conflicting sides. Individuals in this group realize the importance of free speech in the First Amendment but advocate for more restraints and limits to hate speech rather than the complete ban of hate speech. The primary stakeholders involved in this group include the majority of Moderates, and educators. Although the stakeholders of each of these positions remain firm in their specific ideologies about freedom of speech, all groups place value on an individual’s natural

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Elijah Edwards Ms Marazas Dual Credit English 101 17 February 2023Date (17/2/ 2023) Title Hook:Today´s society is really comfortable with normalizing hate speech but don’t want to normalize the victims feelings.

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Words, especially hateful words are all powerful, they will cause aggressive reactions if they are used with a negative intent. The current system of decision making on hateful speech allows any individual to assert their prejudice and hate against any type of religion, gender, ethnicity, etc. goes against the constitution of the United States. By allowing such leaway of criminal actions, this acts as a catalytic inhibitor towards the variety of religious or any type of group. Implying that hateful speech that discriminates against a specific group will not be properly criminalized. A stricter enforcement of the first amendment will uphold and expand the protection over a citizen's right, but instead push for a greater equality in the United States.

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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

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