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Restriction Of Hate Speech Analysis

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Japan’s very first law that protects racial minorities, such as Koreans, Chinese and other foreigners from hate speech in public was passed the Diet in May, 2016. Although it is a great improvement for protecting the right of minorities, however, the law does not actually ban hate speeches, because it does not sentence any penalties for violators. Moreover,it only covers people of overseas origin “who live legally in Japan” and it does not include undocumented immigrants, gender minority, religious minority other socially vulnerable people.Considering this situation,the author strongly suggests that Japan enact a new policy that truly restricts hate speech against various kinds of minorities. To be specific, Japan should introduce a law that …show more content…

To give a specific example, the report issued by the United Nations Committee on the Elimination of Racial Discrimination in 2014 claimed that “ hate speech and other behavior inciting racists violence and hatred based during rallies and in the media, including the internet, are “not always properly investigated and prosecuted” by Japanese authorities.” There are a lot of right-wing organizations which violates minorities in many other countries, however, countries such as Germany, France, the United Kingdom, and Australia prohibit hate speech. Germany is a good example regarding to the restriction of hate speech on the internet. In 2015, the German government makes a deal with Facebook, Twitter and Google to remove hate speech within 24 hours of it being reported. The author considers that Japanese government should take into account the international positions against hate …show more content…

The author strongly agrees that the freedom of expression is crucial part of democratism. It is true that that we should be very careful that the restrictions should not be misused by the government. Hate speech banning should only protect racial, religious, and gender minorities, and the author strongly claims that attacking the authorities in words should not be considered to be hate speech. To avoid abuse of power, first of all, it is required for the government to define what exactly hate speech is and what is not. Secondly, the government should see the other countries like Europe which implemented the restriction of hate speech as a

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James Keegstra was a high school teacher in Alberta, who lost his teaching license in 1984. Keegstra taught his students that the Holocaust was made up by the Jews to receive sympathy from society. Therefore, Keegstra was accused of being discriminatory towards the Jewish community. Section 319(2) of the criminal code prohibits hate propaganda, not including in private conversations. Subsection 2(b) of the Charter protects hate propaganda because it is a form of expression.

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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.

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Thane Rosenbaum, in his “Should Neo-Nazis Be Allowed Free Speech?” essay, used the Supreme courts justifying the right of a church group opposing gays serving in the military to picket the funeral of a dead marine with signs that read, “God Hates Fags” as well as neo-Nazis marching in a holocaust survivors’ town as an opportunity to oppose on justifying hate speeches with offensive intentions. Even though it was a strong topic, by missing an ethos appeal and stressing pathos appeal, Rosenbaum failed to make an effective and convincing argument. Rosenbaum did not share that his parents survived the holocaust, and that he is heavily involved in opposing the Nazi regime. He is a law professor in the U.S., and he was also visiting professor at the Benjamin N. Cardozo School of Law at Yeshiva University in Israel, where he has been a frequent speaker, including at the annual Yom HaShoah Lecture hosted jointly by the American Society for Yad Vashem and Cardozo 's Program in Holocaust & Human Rights Studies on “Remember How the Law Went Horribly Wrong”; the 60th anniversary of the Nuremberg Trials on "A Reappraisal and Their Legacy"; and as the Uri & Caroline Bauer Distinguished Lecturer on Rosenbaum 's book, “The Myth of Moral Justice."

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576 Words | 3 Pages

The fact that hate crime is deemed a major problem for a nation makes the Mathew Sheppard and James Byrd act to be implemented at all levels. This act is implemented at the local, state and federal level within a nation. This because the federal. Local, federal and state authorities join forces during investigations and prosecution of these hate crimes to protect the entire nation from violence evolving due to hate among people. Therefore, to mitigate expansion of hate crimes in the nation all authorities are given the power by Mathew Sheppard’s act to prevent hate crimes and prosecuting

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1610 Words | 7 Pages

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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1626 Words | 7 Pages

Throughout the ages, the pursuit of freedom has established our social, political, and legal environments, serving as the main force behind society’s development. In a democracy, the right to free speech, the press, and religion serve as foundations for open debate and as defenses against despotism. Not only have these liberties created the growth of civil rights, but they are also a necessity that enables people to voice their opinions and critically evaluate the acts of the government. The fundamental right to freedom of speech is recognized as one of the primary liberties for the operation of a free and open society. The value of free speech cannot be overstated since it guarantees that all opinions, no matter how well-liked or disliked,

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Hate speech includes, but is not limited to, gesture, conduct, writing, or verbal communication that might encourage discriminatory behavior to a protected individual or group of individuals. Many universities are committed to creating an atmosphere of equal opportunity that harbors talent, creativity and ingenuity. Speech codes are not only justifiable, but are also essential to campuses because they do not allow the use of hate speech. One who is for the use of speech codes on campuses may argue alongside Lawrence in saying that it is unacceptable to use hate speech in any scenario or environment because it suppresses the voices of minorities. Lawrence presents the idea that “the subordinate victims of fighting words are silenced by their relatively powerless position in society.”

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The culture of America to act in violence when someone disagrees with someone, in my opinion, will never result in progress or solving said disagreement. Screaming at someone and disrespecting someone will not result in them realizing they are wrong, but conversation or peaceful protest has the potential to alter one’s ideas. An idea that struck me, instead of having written code about prohibiting hate speech, why not construct a code that requires a certain percentage of students to sign a petition avoiding that person from speaking on campus. At the same time, to counter that, if an X percentage amount of people sign something requesting for this person to speak at their campus then that person will be allowed and these people are expected

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1176 Words | 5 Pages

This raises many issues regarding the actual belief of hate speech. In a famous case that showcased a neo-Nazi group that sought to

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In the article, “The Indispensable Opposition,” author, Walter Lippmann, argues his claim that we must view the freedom of oppositions as a way to improve our decisions in a democratic society rather than just tolerating that freedom of speech. When freedom of speech is tolerated and only seen as a right to speak, Lippmann believes that the liberty of opinion becomes a luxury. Moving forward, Lippmann then states that we must understand that the freedom of speech for our opponents are a vital necessity since it provides our own opinions to grow in improvement. Through practical experience, we realize we need the freedom of opposition and is no longer just our opponent ’s right.

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1152 Words | 5 Pages

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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881 Words | 4 Pages

The right to freedom of expression is considered essential for politicians and specifically for opposition politicians. The two Wilders cases display the conflict that can arise between freedom of speech and between the protection of a group of people from discriminatory hate speech. This paper will analyse how the judiciary of the Netherlands solved the conflict between freedom of expression and between

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1485 Words | 6 Pages

However, derogatory and hate comments aimed at general groups of people remains unrestricted. Japan claims that ‘hate speech has never reached such a point as to warrant legal action’ [3]. Therefore, the government sees no reason as to why hate speech should be banned. A prime example of hate speech taking place in Japan was in 2015 when a 14-year-old Japanese girl called out “Get out of our country” and “kill, kill, kill Koreans” through a loudspeaker [4]. In this situation, I think that hate speech should have certain limits because a girl as young as 14 is making unnecessary comments.

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2345 Words | 10 Pages

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.

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