The Constitutionality of Hate Speech

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In order to reduce the astonishing number of hate crimes in the United States, the Federal Government should restrict hate speech, and the expressions of hateful ideas, in all its forms, in all places, both public and private. However, it is imperative that hate speech be defined first. Contrary to some opinions, it is possible to accurately define hate speech, because hate speech does not actually have many elusive forms. Hate speech includes fighting words as defined in Chaplinsky vs. New Hampshire, and words that incite violence or aggression towards a specific group based on sex, sexual orientation, race, creed, or political orientation by the provision of information that is not valid against all members of the group. The wording must encourage a violent or physically aggressive action based on false information. For example, if one encourages violence towards those who worship Satan because all those who worship Satan sacrifice humans, he should be prosecuted under a hate speech code, because there is no way to prove that the information is applicable to all those in the group. However, if the same person encouraged political action, he would be perfectly justified, even if the information were still false. The basic reasoning behind hate speech codes is that they will protect people from violence.
At the same time, to stop the infringement upon the first amendment, no organization should place any restrictions on public or private hate speech, including the expression of hateful ideas. This is because hate speech can not be defined well enough for use in the law. One can not define the intentions of hate speech because every situation is different, and speeches may be misinterpreted in such a way that the benign ...

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...el. "Gays Unfairly Target Dr. Laura." USA Today. 13 June 2000. PROQUEST. South Glens Falls High School Lib., South Glens Falls, NY. 7 Dec. 2000.
Murray, S. Douglas, JD Villanova University School of Law. "The Demise of Campus Speech Codes." Western State University Law Review. 1997.
"On Freedom of Expression and Campus Speech Codes." University of Delaware Library. South Glens Falls High School Lib., South Glens Falls, NY. 7 Dec. 2000.
Strossen, Nadine, Professor of Law. "Regulating Racist Speech on Campus: A Modest Proposal." Duke Law Journal. June 1990: 554.
"Web Co.'s Combat Anti-Semitism." Associated Press Online. 9 Aug. 2000. South Glens Falls High School Lib., South Glens Falls, NY. 7 Dec. 2000.
White, Jack E. "Imus 'N' Andy." Time. 22 May 2000. South Glens Falls High School Lib., South Glens Falls, NY. 7 Dec. 2000.

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