...Significant Legal Decisions Involving Hate Speech in America What exactly is Hate Speech? There are many different variations to this answer. According to dictionary.com, it is “speech that attacks a person or group on the basis of race, religion, gender, or sexual orientation” (“hate speech”). Anthony Lewis’ description of hate speech focuses more on the people it aims at: “Hate speech, it is called: virulent attack on Jews, blacks, Muslims, homosexuals, or members of any other group. It is pure hatred, not based on any wrong done by an individual” (157) Throughout history, many cases involving hate speech have been brought to court; each of them differ in their own ways and each brought a significant change to our Constitution. Our country prides itself in having freedom for all, and that includes freedom of speech. But when does freedom of speech cross the line? Many court decisions tried to come up with a solid answer, but there may not ever be a successful way to categorize hate speech. All of the cases covered here played a large part in transforming what the First Amendment covers. America started to recognize the significance of hate speech beginning in 1940, and policies began to form to protect offensive speech. At this point in history, hate speech was better known as “racial and religious propaganda” (Walker 62). The Holocaust was a major turning point for America, because we realized the destruction that it caused, and the government wanted to make sure nothing...
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...Mr. Reynolds "Hate speech should be protected in the First Amendment" The most compelling reason for hate speech being protected refers to our history of discrimination and prejudice ultimately, for the purpose of trying to repair our troubled racial society that we need hate speech legislation. The government has the right to limit free speech in cases of overly racist or sexist language because our failure to address such abuses would effectively suggest that our society condones such ignorant and hateful views. Hate speech should be protected in the first amendment because the rights of the American people are the foundation of the success of our democracy. The Constitution protects all of the citizens and guarantees “Life, liberty, and the pursuit of happiness” to all men and women under the law. A review of the First amendment explains that hate speech causes injury but only when it’s determined to be fighting words, libel, slander, or obscenity. Logically misinterpreting the law in the judicial system can cause the rights of the people to be jeopardized. The current interpretation of the 1st Amendment constitutes protected and unprotected speech and must be re-valuated to better protect the people form injurious speech. Injustice happens when constitutionally protected speech harms a person but certain speech has fallen outside the scope of judicial protection. The Supreme Court’s opinion on first amendment protection is with regards to hate speech as being “fighting...
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...many people take for granted in the United States. This meaning, hate speech and free speech needs to be protected because it is useful in many cases. For many years, freedom of speech and hate speech has been in a great debate whether over if it should stay protected or should it not by the first amendment. Hate speech is very good in many ways, but people take advantage of it. Hate speech should still be protected either way no matter what the circumstances are. Political hate speech is the type that is most strongly protected by the first amendment for over years. Hate speech is important because its a tool that everyone uses every day without knowing. This is important because in many other countries...
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...Freedom of Speech, Hate Speech, & Talk Radio Brice Hinchman Freedom of Speech, Hate Speech, & Talk Radio What is Freedom of speech? Well, the definition for freedom of speech is the ability to speak freely without being subject to censorship or without fear of retaliation from a governing body. There are at least two documents, the US Constitution and the Universal Declaration of Human Rights, that acknowledge that free speech is an unalienable right and protect it for all. There is another form of speech that may or may not be protected, depending on the circumstances, under the same documents and that is hate speech. Some of the limitations that are put in place by Government, employers, and educational facilities are a violation of what freedom of speech is really about, being able to freely speak your mind, but are necessary to protect the rights and liberties of other individuals. The freedom of speech is a very powerful right that is protected by the First Amendment to the United States Constitution. Our Founding Fathers set the stage when they wrote the Declaration of Independence by stating that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness” (Choices, 81). One of these liberties and unalienable rights was the Freedom of speech. The First Amendment to the United States Constitution, which was ratified...
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...The Freedom of Speech “Congress shall make no law… abridging the freedom of speech…” Why should the 1st amendment be changed now? Should groups like the Neo-Nazis be stripped of their constitutional rights? A huge controversy has arisen on whether groups like the Neo-Nazi should have the right to protest and have full freedom of speech. Despite this heated debate, Neo-Nazis should have the right to speak their opinion because of the freedom speech guaranteed in the constitution, the right to purchase a protest permit, and lastly to further prevent rebellion. Neo-Nazis as well as any other group or American citizen have the first amendment right. The first amendment states, “Congress...
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...who are not interested in protecting the first amendment right, say ‘hello’ to censorship and say, ‘goodbye’ to speaking one’s mind. There is a division forming in the United States of America. This division is between those who believe hate speech should be regulated and cannot differentiate between a word and an action; As opposed to those who simply and wholeheartedly believe that a word is just a word and not an action. They appreciate the right to free speech and do not wish to compromise it. In the article “Protecting Freedom of Expression on the Campus” by Derek Bok, he clearly demonstrates the possibility of ignorance and peace rather than prohibition and destruction in correlation to the First Amendment. Americans have an obligation to grasp the core idea of free speech for it is the true focal point and embodiment of our democratic system, whereas hurting one’s feelings dismisses the bona fide translation of our first amendment....
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...Term Paper on Hate Speech on College Campuses Introduction As colleges struggle to handle the various differences their students and faculty embody, the problem of “hate speech” has become a focal point of educational erudition and policy-making. In the most deliberate and alarming cases, hate speech is projected to degrade or disgrace those at whom it is directed, usually colored people, gays, lesbians, the physically or mentally challenged, and women, regardless of their sexual orientation, race, religion or ability. Less disturbing examples include insensitive or careless comments, jokes, and other expressions that are painful to those to whom they are directed, regardless of the intent of the person by whom they are spoken or written. The main focus of this essay is to discuss the current dominant structure within which the matter of hate speech is being debated. This structure draws heavily on the discussion of the Fourteenth and the First Amendments, which in my opinion are not adequate to the issue of hate speech. There is a pressing need for extra-legal standards for communicative interaction to handle this sensitive issue. Main Body In our society various laws have been invoked to regulate an increasingly extensive range of social communications. The very language with which we percept and talk about our needs, desires and disagreements is often highly legalistic (Glendon 1991). When reacting to someone else’s hurting experience, one may lament that there should...
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...Term Paper on Hate Speech on College Campuses Introduction As colleges struggle to handle the various differences their students and faculty embody, the problem of “hate speech” has become a focal point of educational erudition and policy-making. In the most deliberate and alarming cases, hate speech is projected to degrade or disgrace those at whom it is directed, usually colored people, gays, lesbians, the physically or mentally challenged, and women, regardless of their sexual orientation, race, religion or ability. Less disturbing examples include insensitive or careless comments, jokes, and other expressions that are painful to those to whom they are directed, regardless of the intent of the person by whom they are spoken or written. The main focus of this essay is to discuss the current dominant structure within which the matter of hate speech is being debated. This structure draws heavily on the discussion of the Fourteenth and the First Amendments, which in my opinion are not adequate to the issue of hate speech. There is a pressing need for extra-legal standards for communicative interaction to handle this sensitive issue. Main Body In our society various laws have been invoked to regulate an increasingly extensive range of social communications. The very language with which we talk about our needs, desires and disagreements is often highly legalistic (Glendon 1991). When reacting to someone else’s hurting experience, one may lament that there should be a law against...
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...(above)). A. Thesis Statement: Legalization of same-sex marriage is the result of justice with American bill of rights so it should be protected as a law. B. Arguments- 1. Same-sex marriage is protected from protest assert banning even though freedom of speech from first amendment. 2. Same-sex marriage is protected from homophobic crimes. 3. Same-sex marriage is the result of realization a just society based on bill of rights. II. (Argument 1) – Same-sex marriage is protected from protest assert banning even though freedom of speech from first amendment. A. First amendment provides rights for freedom of speech. 1. First amendment...
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...Words Have you ever witnessed or been a victim of hate speech because of their or your race, religion or even your sexuality before? In today’s society, it’s been known that all American citizens have the right to speak due to the First Amendment of the United States Constitution. The First Amendment being any law respecting all that someone has to say also known as freedom of speech. ”To engage in a debate about the First Amendment and racist speech without a full understanding of the nature and extent of that harm is to risk making the First Amendment an instrument of domination rather than a vehicle of liberation” (Lawrence Pg. 345). Hate speech is usually misunderstood because people make careless statements about one another and doesn’t notice or take the time to acknowledge that their form of freedom of speech inflicted damage to the victim. Then again, every person has their own definition of hate speech. Often people say that any negative speech towards a group is considered a form of hate speech; however, church religious groups are against the whole “gay marriage” and just homosexuality in general but they’re still allowed to speak out and protest against America. People are believed that the use of hate speech is to be a violation to the First Amendment but other people think otherwise and is believed that they have the right to say and express whatever they have to say and it’s protected; furthermore, hate speech also causes fear to a person which results in physical...
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...centered around the freedom that African-Americans deserved. In the beginning of 1900s, we were fighting for the rights of women and then later we fought against discrimination of African Americans. Recently, in the early 90s to the 2000s, the fight for gay pride has ensued. Get through all of those issues, bigotry and hate speech still persists, especially directed towards each of the community is listed above. Now in a day and age where, without a college degree, it is believed to be nearly impossible to succeed in the US, the debate of hate speech on campus is ever prevalent....
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...to find any aspect of this great document that everyone agrees on. There are numerous amendments that are constantly debated upon whether or not they are still necessary in today’s day and age. Jefferson’s ideas of the Constitution are still thought of today and debated upon as well. The variaty of opinions on the constitution is something that I believe will never end. In the first amendment, we, as United States citizens, are given the freedom of religion, press, assembly, petition, and speech. The freedom of speech simply means that people are able to speak freely. In an article by the Washington Post, the idea of a hate speech exception does not exist. Hateful...
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...The Bill of Rights presents a series of Amendments that grants people a basic set of rights. The arguably most important right that everyone is granted is the First Amendment. This amendment defines the basis of a democracy and the ability of the people to communicate freely with others without fear of government influence. Throughout the movie, it attempted to describe the conflict between the Media and “McCarthyism” and the attack on the First Amendment. I, for one, agree with Murrow and the Media on the preservation and defense of the First Amendment, even in an era of dictatorships or spies, the right to speech and press should always be respected with some exceptions. This paper will further explain the reasoning and restrictions on this topic. In a Libertarian Society, the people should be given the right to express their views, opinions, and ideas...
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...Hate speech is nothing new to American universities. It is defined as language that slanders a particular group based on race, color, gender, nationality, as well as other characteristics. Though colleges try to combat hate speech with speech codes, these codes are never upheld in court, and as a result the victims are left to suffer. Sadly, most victims are minorities who have been historically oppressed, such as African Americans and women. In order to help the minorities targeted by hate speech on college campuses, the sufferers must be empowered to speak out through the creation of a national organization and eventually the Supreme Court must rule that the freedom of speech does not include hate speech. An increase of hate speech on college...
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...Aside from this, they argue that policing speech ultimately ruins the purpose of college, as it prevents students from being exposed from diverse thoughts, ideas, and opinions. Backing or Evidence: In the beginning, they mention how students, specifically foreign students, are being offended by simple questions, such as, “where are you from?”. In my opinion, this is quite ridiculous to overreact over a simple question because it is merely a question. However, the reaction itself is quite subjective and is dependent on the context of the situation. Aside from this, the article mentions how being exposed to opposing thoughts, ideas, and opinions prepares an individual for the “Real World”. I agree with this statement because people should never expect a world free from hate....
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