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Arguments for and against censorship
Freedom of expression vs censorship
Pros and cons of censorship
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This Title is Censored Should the First Amendment stop protecting hate speech? In Derek Bok’s “Protecting Freedom of Expression on the Campus”, he argues that hate speech should be protected as censorship would be against the First Amendment. He declares “One reason why the power of censorship is so dangerous is that it is extremely difficult to decide when a particular communications is offensive enough to warrant prohibition or to weigh the degree is offensiveness against the potential value of communication.... if we were to forbid flags, it is only a short step to prohibiting offensive speakers” (Bok 67) What Bok is attempting to say is that we can technically declare anything as offensive. The idea of hate speech is varying on the opinion of a person rather than law. …show more content…
This same person may be a powerful political figure with a bias against men and be using derogatory and aggressive behavior but we do not call them out on this hate speech in fear that they may call their opponents NAZIs and fascists for not supporting their cause but in modern day society this is not “hate speech” but rather freedom of speech. Hate speech is not a constant in society and the culture itself may be prejudiced but the society does not see this as such and believes it to be ‘equality”. Well with freedom of speech, controversy can be combated when both sides have the ability to speak and come to a solution and discover if something is hate speech in the modern political world. If the first amendment was to block hate speech, it would be nearly impossible for there to be an argument that can be resolved as just calling a person a hate speech promoter is a slander and would be used to discredit a person without proper
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
In the world today, Freedom of Speech is taken to a different level than what one may imply verbally. With social media, political debates, and the outpour of sexual orientation the First Amendment is exercised in its full capacity. Protecting Freedom of Expression on the campus is an article written by Derek Bok expressing his concerns regarding the display of a confederate flag hung from a window on the campus of Harvard University. The Confederate flag to some is a symbol of slavery and to others it is a symbol of war, or perhaps known as the “Battle Flag”. In this paper one will review Bok’s opinion of the First Amendment, clarity of free speech in private versus public institutions and the actions behind the importance of ignoring or prohibiting such communications according to the First Amendment.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
Some people don’t find anything wrong with verbally abusing another human. Some world leaders have participated in hate speech, hate crimes, or genocide. Hitler is known for his merciless killing of minorities, mostly Jews, in Eastern Europe. The founder of the United States, Christopher Columbus, killed many Indians because he felt he was superior to them. Hate speech obviously leads to hate crimes and keeps humans separated. Also when following the laws correctly, hate speech is not allowed. These are all reasons why I am against hate speech.
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...
When the individual gets attacked verbally because of their controversial statements, they claim that they had the right to speak their mind no matter how disturbing their words were. They use the First Amendment as a cover for their wrong-doings, and that is never okay. They need to be educated on what they can and cannot say. Just because the First Amendment guarantees a person the freedom of speech, does not mean that they are entitled to say whatever they please. The article “Freedom of Speech” explains if an individual were to use “fighting words” then they are automatically not covered under their First Amendment. The Supreme Court decided in the case Chaplinsky v. New Hampshire that “fighting words” were not constitutional, so they would not be protected under the First Amendment (2). Many people misunderstand that much of their opinions that they speak consists of words that are unclear. More than half of the time the words they use in their statements are considered to be fighting words, for they are rude and ignorant. There is no need for the obscene words that they use to be protected under the First Amendment. They must become aware of their lack of knowledge for what “fighting words” are; furthermore, they
Historically some hate speeches have contained fighting words, but they are view by the court as a separate entity. Fighting words are often classified as having absolutely no social value, and are not protected by the first amendment. In this regard I think that hate speech and fighting words are very analogous to indecent and obscene material. While indecent material might be frowned upon it is constitutionally protected, as where obscene material (also classified as having no social value) is not. This distinction was first made in the early 1940s in the Chaplinsky case.
How much we valuse the right of free speech is out to its severest test when the speaker is someone we disagree with most. Speech that deeply offends our morality or is hostile to our way of life promises the same constitutional protection as other speech because the right of free speech is indivisible: When one of us is denied this right, all of us are denied. Where racist, sexist and homphobic speech is concerned, I believe that more speech - not less - is the best revenge. This is particualrly true at universities, whose mission is to facilitate learning through open debate and study, and to enlighten. Speech codes are not the way to go on campuses, where all views are entitled to be heard, explored, supported or refuted. Besides, when hate is out in the open, people can see the problem. They can organize effectively to encounter bad attitudes, possibly to change them, and imitate togetherness against the forces of intolerance.
The Freedom to speak one's mind is one of this country's citizens' most venerably held rights, and any discussion which deals with government imposed limitations on this right should not be taken lightly. Completely banning speech that is deemed by some to be racist only serves to bury the problem of racism itself, and is not an acceptable solution. Thus, the First Amendment should continue to protect racial slurs as well as all other speech in order to preserve and ensure the freedoms we have today. In conclusion, I'd like to quote one last ruling from the 8th circuit Federal court from 1946: "[The] First Amendment is intended to assure privilege that in itself must be so actual and certain that fear and doubt are absent from [an] individual's mind, or freedom is but abstraction."
Charles R. Lawrence III adresses the matter in his essay “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims,” by providing the perspective of those on the reciving end. He explains that “racial slurs are particularly undeserving of First Amendment protection because the perpetuator’s intention is not to discover truth or initiate dialoge, but to injure the victim” (628). This argument is justified because some people do take their freedom of speech as far as offending someone because of their race, cultural, and social beliefs. As Cinnamon Stillwell proved in her essay, “Mob Rule on College Campuses,” some students do become bullies when their beliefs are challenged. Stillwell illistrates a situation that occurred at Columbia University when conservative Jim Gilchrist was invited to speak but was unable to because rioting students did not allow him. Stillwell then goes on to say that “Apparently in their minds, niether Gilchrist nor anyone else with whom they disagree has the right to express their viewpoints” (623). This can be applied to both sides because both of them seem to believe that the opposing belief has no right to speak especially when it is controversial. Lawrence mentions that “whenever we decide that racist speech must be tolerated because of the
Because of the rights given to students in the Frist Amendment, school administrators cannot prohibit student from being ignorant, hateful, mean, or even using offensive speech. Consider the case Street v. New York, the Supreme Court held that speech could not be restricted because it is offensive. In this case the court stated “… it is ...
Unlike many other countries America has freedom of speech. Even in other countries in Europe people are not allowed to use “hate speech” and they can be sent to prison for it. Fortunately, the American constitution defends people’s freedom of speech, no matter how controversial it is. Political correctness diminishes people’s free speech. It may not be direct but even indirectly the knowledge that someone might have adverse consequences; such as losing a job as a result of their speech is unacceptable. People have the right to state their opinions without others infringing on them, it was the principle in which America was founded. The first amendment of the constitution of the United States declares that: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” (US Const. amend. I, sec. i). While the first amendment only affects congress’s control over free speech, it indicates that free speech is a right that people must have. Some people are of the opinion that if something can be found offensive
However, Bok argues that when the times come to decide what is more important, a mutual respect for each other or free speech, the Supreme Court had made it clear that it stands on the side of free speech (Bok, 67). Bok states that he agrees that those who have decided to behave in an tasteless fashion to be self serving and unthinking of the society as a whole. However, Bok then states that just because an individual disapproves an action that express hate or racism, it doesn't give the individual who disapproves any right to ban that action (Bok, 2). Bok furthers argue that because these rules are made to protect the minorities, it is not fair to those who the rules does not extend its coverage to. (Bok, 2) The most important point made by both Hitchens and Bok was if we were to put a censor in place, who is to decide what or what cant be said? There isn’t anyone in the world who would be qualified to decide for an entire country what is considered hate speech or what is not considered hate speech. The simple reason being no matter who the person is, he or she would always have some sort of bias against someone because of his/her race, religion, work or previous dislike for any individuals. With this bias in place, no one would be able to fully take on the responsibility of being a fair censor.
The First Amendment is known as the most protected civil liberty that protects our right to freedom of speech. There has been much controversy regarding hate speech and laws that prohibit it. These problems have risen from generation to generation and have been protested whether freedom of speech is guaranteed. According to our text book, By the People, hate speech is defined as “hostile statements based on someone’s personal characteristics, such as race, ethnicity, religion, or sexual orientation.” Hate speech is a topic of issue for many people and their right’s, so the question is often proposed whether hate speech should be banned by government.
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