Hate Speech
According to the American Bar Association for Public Education, any speech that antagonizes, provokes or threatens an individual or group of individuals based upon religion, race, gender, sexual orientation, disability or other characteristics is considered hate speech (2016). There are multiple perspectives regarding the use of hate speech and what action should be taken toward it. Twana Hassan states in her journal article, A Historical Analysis of the Development of Free Speech Justifications that, as power in religious and political institutions have progressed, the rationalization of freedom of expression has evolved. “This critical argument can be a strong base for asking whether exercising or restricting freedom of speech …show more content…
that the definition of hate speech is broad and unacceptable as there are far too many contrasting kinds of speech that may be considered hate speech, all of which implicate free speech interests, and may cause distinctive types of harm (Yong, 2011, p. 386). According to Robin Edger in the article, Are Hate Speech Provisions Anti-Democratic?: An International Perspective, previous rulings in discrimination and hate motivated crimes have”…excluded threatening words, or ‘fighting words,’ from the scope of the First Amendment Protection…” as they are not considered the expression and sharing of views, nor are they intended to rally supporters. Fighting words are intended to incite violence or inflict injury (Edger, 2011, p. 152). As long as speech does not threaten harm or danger, Americans cannot be deprived of free speech merely because the viewpoint being expressed is undesirable. Those who oppose peoples’ right to speak hatefully contend that hate speech is an infringement of their fourteenth amendment right to equal protection under the laws, however, this amendment is most often used to argue equality for minorities. Hate speech can be directed at anyone, of any color, ethnicity, gender, sexual orientation, disability or any other characteristic. In fact, hate speech could be directed at someone who is wealthy or privileged, not belonging to any minority …show more content…
If the government makes adjustments to the First Amendment constitutional right, there is nothing to stop them from making adjustments to others that degrade Americans civil liberties. Others would argue that hate speech promotes hate crimes such as rape, murder and assault. However, it can be disputed that whether these crimes were based upon hatred or not, they are punishable offences regardless. Although sometimes these crimes are committed based upon some form of hatred or discrimination, American citizens are prohibited from committing these acts regardless of the motivation, thus attempting to utilize hate speech as an additional crime is not
According to the American Bar Association for Public Education, any speech that antagonizes, provokes or threatens an individual or group of individuals based upon religion, race, gender, sexual orientation, disability or other characteristics is considered hate speech (2016). There are multiple perspectives regarding the use of hate speech and what action should be taken toward it. Twana Hassan states in her journal article, A Historical Analysis of the Development of Free Speech Justifications that, as power in religious and political institutions have progressed, the rationalization of freedom of expression has evolved. “This critical argument can be a strong base for asking whether exercising or restricting freedom of speech …show more content…
that the definition of hate speech is broad and unacceptable as there are far too many contrasting kinds of speech that may be considered hate speech, all of which implicate free speech interests, and may cause distinctive types of harm (Yong, 2011, p. 386). According to Robin Edger in the article, Are Hate Speech Provisions Anti-Democratic?: An International Perspective, previous rulings in discrimination and hate motivated crimes have”…excluded threatening words, or ‘fighting words,’ from the scope of the First Amendment Protection…” as they are not considered the expression and sharing of views, nor are they intended to rally supporters. Fighting words are intended to incite violence or inflict injury (Edger, 2011, p. 152). As long as speech does not threaten harm or danger, Americans cannot be deprived of free speech merely because the viewpoint being expressed is undesirable. Those who oppose peoples’ right to speak hatefully contend that hate speech is an infringement of their fourteenth amendment right to equal protection under the laws, however, this amendment is most often used to argue equality for minorities. Hate speech can be directed at anyone, of any color, ethnicity, gender, sexual orientation, disability or any other characteristic. In fact, hate speech could be directed at someone who is wealthy or privileged, not belonging to any minority …show more content…
If the government makes adjustments to the First Amendment constitutional right, there is nothing to stop them from making adjustments to others that degrade Americans civil liberties. Others would argue that hate speech promotes hate crimes such as rape, murder and assault. However, it can be disputed that whether these crimes were based upon hatred or not, they are punishable offences regardless. Although sometimes these crimes are committed based upon some form of hatred or discrimination, American citizens are prohibited from committing these acts regardless of the motivation, thus attempting to utilize hate speech as an additional crime is not