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Debates over free speech and hate speech
Hate speech should not be regulated
Hate speech should not be regulated
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Imagine a person talking with a hand holding their tongue, it sounds pretty uncomfortable. Now, image a person having to do that every time talking to their friends, family members, or boyfriend/girlfriend. Holding their tongue would restrict them of what they could say and when they could say it. Believe it or not, this is a topic that has been tossed around from Supreme Court to everyday life. People have different opinions on how it should be regulated or if it should be regulated. It is hate speech. What exactly is hate speech? Hate speech is when a person uses words intentionally to hurt someone else; they can use hateful words based on race, religion, gender, or sexual orientation (dictionary.com). Yet the origin of hate-speech laws has been largely forgotten. The divergence between the United States and European countries is of comparatively recent origin. In fact, the United States and the vast majority of European (and Western) states were originally opposed to the internationalization of hate-speech laws. European states and the U.S. shared the view that human rights should protect rather than limit freedom of expression. (Hoover Institution: Stanford University). Even though many believe hate speech is designed to put down people, hate speech should not be regulated or restricted because it is virtually impossible to control tensions between people by preventing them from speaking their true opinions, without violating the First Amendment. Hate speech is a very important topic, especially in the United States. Many do not know the thin line between criticisms and hate speech. One way criticism and hate speech differ is the intention of hate speech, if it was used purposely for “the stirring of hatred and hostility t... ... middle of paper ... ...termining who was right and who was wrong would create the problem because they would have to justify the reason they ruled that way. Justifying the reason the court ruled that way, could cross the line onto the freedoms given to the citizens of the United States. Restricting what can be said would contradict the first amendment, which says that every citizen is guaranteed freedom of speech. The first amendment will be useless if the government dictates what can be said. For instance, many people were split on which side to support when a Canadian magazine published an article about the increase in Muslims population. During the trials, half of the people felt it was hate speech and the other half felt it was freedom of the press (Liptak). This shows that there is no common ground on the regulation of hate speech and the overlapping of the rights given to citizens
If limitations are placed on some things, but not others, then it will lead to a great deal of conflict. Freedom of expression is a great thing, however it does come along with a few negative side effects. This including, hateful, ignorant, and rude individuals who do not care what they say. Some want to be able to control these hateful people and restrict what they are permitted to do or say. But, where is the gray line?
Entrenched within the Canadian Charter of Rights and Freedoms lies the fundamental rights that Canadian citizens share. The primary freedoms recognized within Section 2 of the Charter, such as the freedom of speech and expression, are necessary for a free and democratic society. Yet, a crucial conflict of rights exists within the system when the freedom of expression is used to perpetuate willful hatred against a certain individual or group. Controversy arises from this conflict first and foremost because the freedom of expression is meant to secure each person the right to express ideas and opinions without governmental interference, irrespective of what that opinion may be. In this paper, I will discuss the conflicting views of restricting the freedom of expression when it is used to promote hatred. I refer to the insights offered by Joel Feinberg and Joseph Raz to advance the view that the “right” to freedom of expression is not final and absolute, as expressions of hated do in fact cause real harm to people, and there rights too must be taken into consideration. Fundamental rights should be viewed as a privilege, which includes a responsibility to respect and value the rights of others to provide for a truly liberal democracy. I will refer to the landmark judicial decision in the Canadian Supreme Court case of R. v. Keegstra to argue that the rights of individuals and groups to be afforded the right to respect and dignity outweigh any claim to freedom of expression.
In the following essay, Charles R. Lawrence encompasses a number of reasons that racist speech should not be protected by the First Amendment. In this document, he exhibits his views on the subject and what he feels the society should confront these problems. In this well- written article, he provides strong evidence to prove his point and to allow the reader to see all aspects of the issue.
Background- Well limiting a person’s speech online certainly isn’t a thought that just came out of the blue. It started as people, particularly young students, and their use of technology to freely share their thoughts on social media sites. And what became of it was more of bullying one’s peers online than just sharing one’s innocent opinion. But schools are meant to be a safe learning
Hate speech directs people to commit hateful crimes. The difference between hate crimes and regular crimes is that hate crimes are committed to a person because of his/her differences. Some examples of differences would be their gender, race, hair color, body shape, intelligence, sexual orientation, etc. Hate speech doesn’t have to be direct talking. Hate speech can now be down on the Internet or through magazine; and more people are using the Internet to publicize their vile beliefs. In the last five years, the number of hate crimes that have been reported to the FBI has increased by 3,743 (FBI statistics). That means that 11,690 hate crimes were reported in 2000 in only 48 states and not all police forces released their data. Imagine how many other hate crimes were committed that weren’t even reported to the police. Ethnic and racial violence or tension has decreased in Europe due to newly implemented hate speech laws (ABC News).
The term hate crime first appeared in the late 1980’s as a way of understanding a racial incident in the Howard Beach section of New York City, in which a black man was killed while attempting to evade a violent mob of white teenagers, shouting racial epithets. Although widely used by the federal government of the United States, the media, and researchers in the field, the term is somewhat misleading because it suggests incorrectly that hatred is invariably a distinguishing characteristic of this type of crime. While it is true that many hate crimes involve intense animosity toward the victim, many others do not. Conversely, many crimes involving hatred between the offender and the victim are not ‘hate crimes’ in the sense intended here. For example an assault that arises out of a dispute between two white, male co-workers who compete for a promotion might involve intense hatred, even though it is not based on any racial or religious differences... ...
And even though the First Amendment grants us the freedom of speech, including such hate speech, there are limits. The federal and all state governments, including public colleges and universities and private schools that accept federal financial aid, cannot unnecessarily regulate speech, with the following exceptions: “obscenity, figh...
Living in the United States we enjoy many wonderful freedoms and liberties. Even though most of these freedoms seem innate to our lives, most have been earned though sacrifice and hard work. Out of all of our rights, freedom of speech is perhaps our most cherished, and one of the most controversial. Hate speech is one of the prices we all endure to ensure our speech stays free. But with hate speeches becoming increasingly common, many wonder if it is too great of a price to pay, or one that we should have to pay at all.
When the topic of hate and bias crime legislation is brought up two justifications commonly come to mind. In her article entitled “Why Liberals Should Hate ‘Hate Crime Legislation” author Heidi M. Hurd discusses the courts and states views that those who commit hate and bias crimes ought to be more severely punished. She takes into consideration both sides of the argument to determine the validity of each but ultimately ends the article in hopes to have persuaded the reader into understanding and agreeing with her view that laws concerning the punishment of hate and bias laws should not be codified. Hate crime is described as a violent, prejudice crime that occurs when a victim is targeted because of their membership in a specific group. The types of crime can vary from physical assault, vandalism, harassment or hate speech. Throughout the article Hurd tried to defend her view and explain why there should be no difference of punishment for similar crimes no matter the reason behind it. Her reason behind her article came from the law that President Obama signed in 2009 declaring that crimes committed with hatred or prejudice should have more sever punishments. While the court has their own views to justify their reasoning behind such decisions, in the article Hurd brings up points and facts to prove the wrongfulness of creating such a law. However, though Hurd has made her views clear in the following essay I will discuss reasons why the penalties are justifiable, why they should receive the same degree of punishment, less punishment and my personal view on the topic.
Critics believe that American citizens take advantage of civil liberties supporting limits on freedom of speech. They believe that degradation of humanity is inherent in unregulated speech. For example, according to Delgado and Stefancic, a larger or more authoritative person can use hate speech to physically threaten and intimidate those who are less significant (qtd. in Martin 49). Freedom of speech can also be used to demoralize ethnic and religious minorities. Author Liam Martin, points out that if one wants to state that a minority is inferior, one must prove it scientifically (45-46). Discouraging minorities can lead to retaliation, possibly resulting in crimes or threatening situations. "Then, the response is internalized, as it must be, for talking back will be futile or even dangerous. In fact, many hate crimes have taken place when the victim did just that-spoke back to the aggressor and paid with his or her life" (qtd. in Martin 49). Therefore, critics believe that Americans do not take into account the harm they may cause people and support limits on freedom of speech.
Freedom of speech is the right of civilians to openly express their opinions without constant interference by the government. For the last few years, the limitations and regulations on freedom of speech have constantly increased. This right is limited by use of expression to provoke violence or illegal activities, libel and slander, obscene material, and proper setting. These limitations may appear to be justified, however who decides what is obscene and inappropriate or when it is the wrong time or place? To have so many limits and regulations on freedom of speech is somewhat unnecessary. It is understood that some things are not meant to be said in public due to terrorist attacks and other violent acts against our government, but everything should not be seen as a threat. Some people prefer to express themselves angrily or profanely, and as long as it causes no har...
Today we have looked at the problem known as hate crimes and the varied causes which keep it in existence. We have also discussed some solutions to this act of hate.
...ith these differencesAs Barbara McQuade said, “A hate crime is different than a simple assault because it is an attack on not just one individual victim, but an attack on everyone who shares a particular characteristic.”As presented in this paper, hate crime isn’t new but isn’t talked about too much either. These crimes are not taken as serious as they should be. Attention was brought to what hate crime is, who commits them, at what ages they are being committed, how often they occur, which states have the most and which people are targeted the most. Hate crimes are done every day and it isn’t taken seriously. It can happen to anyone in this country at any time. After reading this paper there should be enough information gathered to try and avoid these crimes. It is also shown that participating to try and put an end to these crimes would be very helpful to society.
There are many advantages as to why the government should ban hate speech. One of the biggest reasons that people give is that it could create a safe zone that protects all individuals, no matter their gender, race, or ethnicity, from harm and violence. Harm and violence are two of the main leading effects of hate speech. A lot of times people get so worked up about sharing their opinion that they feel violence is the only way to get their point across. To help expand on the idea of creating a safe space from hate speech, the textbook briefly touches on
There cannot be too much free speech, the more the better. Everyone everywhere should always have the right to say whatever they want. People should also be allowed to argue with people whose opinions the dislike. People can stop talking to someone who they consider offensive, they can walk away. Words don’t hurt people, despite the current popular opinion. Free speech should not be limited by anything it should just be free. Some people will say horrible things, but when they say such things to other people, people will think that they are horrible, and not listen to them anymore. Laws against saying certain thing don’t protect anyone, all they do is hide the true nature of people, until it is too late to do