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Hate speech regulation essay
Freedom of speech first amendment
Hate speech regulation essay
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The first amendment famously known as the “Freedom of Speech” had always defended by the United States Constitution in the form of the Bill of Rights. However, with the right of to voice our own opinion has led to some people inflicting hate to different group of people in a form of a hate speech. Hate speeches have always existed ever since the introduction of the first amendment in the United States constitution. They usually come into hating against American politicians based on their actions that they don’t agree. However, some individuals believe that hate speeches should be regulated. To address the both sides of the topic, the CQ reporter obtained a statement from Michel Rosenfeld and a response from James Weinstein to how they see the …show more content…
785). His argument, detailed in his statement was supported by a few examples based on historic events. In 1978, a neo-Nazi group was allowed by the courts to march in a Chicago suburb populated by Holocaust survivors. neo-Nazis are Holocaust deniers and have religious intolerance toward religions other than their brand of Christianity. The Nazi party in Germany was responsible for violence and discrimination against Jewish Europeans, as well as other groups, which lead to a great deal of suffering and death. The courts (as reasonable people) did not prevent the neo-Nazi message/behavior (the hateful rhetoric) against people who are Jewish. He continues to support his conclusion with another example of a SCOTUS unanimous decision in 1992 that ruled it was unconstitutional to punish individuals in St. Paul who had burned a cross on the lawn of an African American family. SCOTUS did not prevent the Klan’s message/behavior against people who are African American. Then, he continues to say that by “regulating hate speech will uphold the dignity and cement the communal bonds of American …show more content…
On the other side of the issue, Weinstein proposes that “bigoted ideas should be refuted, not censored”(Mante, 2015, p.785) Because the First Amendment guarantees each individual the right to express any viewpoint, even those that the vast majority of Americans finds offensive, disturbing or even morally repugnant” (Mantel, 2015, p. 785). Then he speculates that of the first amendment becomes more restrained from laws that regulates hate speech would likely undermine the vigorous protection of public discourse” that the First Amendment protects (Mantel, 2015, p. 785). SCOTUS would have a difficult time “articulating a principle, which would exclude hate speech from First Amendment protection” and not result in censorship of other ideas (Mantel, 2015, p. 785).Because hate speech does not cause people to “discriminate against minorities” (Mantel, 2015,.). Then he goes on to explain his reasoning on why he believes that the regulation of hate speech shouldn’t be considered a positive idea. For example, he believes that the regulations would likely impede public discussion of important issues. The he supports his stance by addressing the negative effects of the regulations on the ability for a society to
Lawrence understands that the government cannot regulate racist speech because people have the right to listen or ignore them. The people that choose to this do not see such acts as necessary because most feel it is only offensive when it going on in the home, Lawrence argues against that stating that the campus and universities. Lawrence feels as though in order to stop the racial and prejudice assault, the campuses and universities will have to set up regulations, in which they instill, it might lead up to racial violence are the students homes. The peoples misunderstanding of the First Amendment will always lead to confusing within such topics that goes against the First
The First Amendment states, "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." Essentially, the First Amendment is supposed to give citizens the right to have free speech, free choice of religion, and the right to assemble peaceably. There are limitations to the First Amendment because every person interprets the rights differently. The Nazis most likely assumed that it was all right to hate people and say it in public, but the Jewish people disagreed, believing that hatred is unacceptable. Where is the line drawn when it comes to people being able to speak their minds? Justice Murphy, a member of the Supreme Court in 1942, had a say on what is considered allowable under the First Amendment and what crosses the line, and he stated,
Racism Speech by Charles R. Lawrence In the following essay, Charles R. Lawrence encompasses a number of reasons why racist speech should not be protected by the First Amendment. In this document, he exhibits his views on the subject and how 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. On Racist Speech Charles Lawrence has been active in his use of the First Amendment rights since he was a young boy.
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.
Because it is a Constitutional right, the concept of freedom of speech is hardly ever questioned. “On its most basic level [freedom of speech] means you can express an opinion without fear of censorship by the government, even if that opinion is an unpopular one” (Landmark Cases). However, the actions of Americans that are included under “free speech,” are often questioned. Many people support the theory of “free speech,” but may oppose particular practices of free speech that personally offend them. This hypocrisy is illustrated by the case of Neo-Nazis whose right to march in Skokie, Illinois in 1979 was protested by many, but ultimately successfully defended by the American Civil Liberties Union (ACLU). The residents of this predominantly Jewish town which contained many Holocaust survivors were offended by the presence of the Neo-Nazis. However, then ACLU Executive Director Aryeh Neier, who...
Freedom of expression can sometimes be abused by saying hateful things, however overall it is positive and beneficial. It allows people to be themselves and have a voice, it promotes thinking and new ideas, it allows for peaceful conflict, it motivates people to make changes, and many other things. As one can see, freedom of expression is one of the main foundations of this country, and is tremendously beneficial to the people in, making Rosenblatt’s argument potent and
v City of St. Paul (Hudson). The R.A.V and other conspirators made and burned a cross inside the fenced yard of a black family. St. Paul charged R.A.V. using the Bias-Motivated Crime Ordinance. St. Paul’s reasoning was that this symbolic speech resonate hatred, and fear. The trial court dismissed the charge because this case was excessively broad, but the State Supreme Court reversed the decision. The U.S. Supreme Court ruled St. Paul’s Bias-Motivated Crime Ordinance was held unconstitutional because it was substantially overbroad and impermissibly content-based. Justice Antonin Scalia wrote in his “the exclusion of ‘fighting words’ from the scope of the First Amendment simply means that, for purposes of that Amendment, the unprotected features of the words are, despite their verbal character, essentially a ‘non-speech’ element of communication.”
Individuals often describe their problems as physical things. What happens, however, when the problem is something that cannot be physically dealt with? What does one do, when the problem is one’s own self, a part that cannot be changed? Percy B. Shelley’s poem “Bigotry’s Victim” personalises a lifetime long struggle with one’s own character, as it causes emotional pain not only in one’s conscious mind, but in the lives of those all around. Though the way it relates to people in the 19th century and the way it relates in the modern world greatly differs, the symbolism in the poem and shift in tone throughout it shows a great appeal to human nature, and how desperate one can be to change it.
...e, R. (1994). The regulation of hate speech on college campuses and the Library Bill of
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
Many hate groups in the United States use the first amendment as a shield to protect themselves from the law, they are bad examples to our following generations because they are trying to recruit more members and change their way of think, these hate groups also commit a lot of crimes against those people that they think are different. That is why in the United States, many Americans are against all of the hate groups and they think that these hate groups should not be allow to exist. We all know that if the U.S. Government decide to ban them, they may be inn silent for many years, but we can count on the fact that they are there. They are “The Invisible Empire” and will always be the dark side to American History.
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.
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
Feingold, Stanley. "Hate Crime Legislation Muzzles Free Speech." The National Law Journal 15 (July 1, 1993): 6, 16
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.