Why a Total Reform of The Current Hate Speech Laws Needs to Happen The debate of hate speech versus free speech has been going on in Canada for as long as most Canadians can remember. In fact both Canada and America struggle with issues regarding hate speech versus free speech. There are many different sides to this argument. Many people saying that, we as a society need to “toughen up” and not focus on small versions of hate speech. Others showing that hate speech can lead to actual emotional damage. After doing some further research into the topic I decided on the later of the two arguments. Not only should hate speech be a criminal offence in Canada but we should also put efforts into redefining what hate speech is. In short, a total reform …show more content…
The problems that occur due to the lack of knowledge on the topic are frankly ridiculous, which I will further explain in depth later. I will also be explaining why hate speech is such an issue in Canada and how it only brings on further acts of violence. It may seem to some a long and tedious journey that is for no benefit, but implementing these new ideas will not only help those affected, but also the efficiency of the Canadian legal system as a whole, and enforcement of the new placed rules.
First we must ask what hate speech is, similar to explaining what is god, some will say it doesn 't exist, others will debate what it actually is or what it means. Hate speech unlike our other laws and rights has yet to be clearly defined to a point that you can say whether or not something is actually hate speech. This raises many issues regarding the actual belief of hate speech. In a famous case that showcased a neo-Nazi group that sought to
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The resolvement of these issues can lead to only positives, less mental trauma from those attacked or at the very least a sense of justice and closure. Hate speech is a slippery slope that can only lead to more crimes and punishments. Which is why we must make it a criminal offence. The clarification of hate speech can also lead to quicker and more efficient decisions in cases that present hate speech in them. I can not see a negative side coming from a reform regarding hate speech. People who oppose these changes can state that the reform will be a long and tedious process that produces little reward, but hate speech is one of the most common problems people face today. Solving this will clear up any confusion facing the many charges and also make cases go by fast. To anything an opposing side would say the easiest rebuttal would be: Is it worth it? The answer being, yes, the efficiency and clarification on an important rule is always better. If we make no changes we do not progress with this
In “Slurring Perspectives,” Elisabeth Camp begins with the argument that slurs are “powerful” and “insidious” precisely because they “present contents from a certain perspective, which is difficult to dislodge despite the fact that it is precisely what a nonbigoted hearer most wants to resist.” It is this reason why slurs are considered more offensive than “pure expressives” like “damn,” because they denote certain negative properties which are meant to contain harmful, “truth-conditionally robust properties” (Camp 330). Camp then goes on to say that slurs “conventionally signal a speaker’s allegiance to a derogating perspective on the group identified by the slur’s extension-determining core” (Camp 331). It is this derogating perspective
We have had a good history and is known to be diverse, and when a great act of hate uproars like this, it would taint our history. According to an interview done by CBC, during Hitler’s time period, “Catholic’s were attacked and Jews, Blacks, and Chinese were hated” (CBC, 2013). Nobody had seen this much hate in Canada. If the province or government wanted to do something, they would have stepped in. But the event was unaccounted for.
Greatly valued in the west, Canada is proud to have a set of rights and freedoms granted to every one of its citizens. Under the Canadian Charter Rights and Freedoms, it dictates what the state’s citizens are entitled to, which can involve the right to expression and the right to equality. Of course, there are reasonable limitations to these rights, such as restricting what sort of speech is free, but since the September 9, 2011 attack in New York City (hereby referenced as 9/11), the Canadian government has been passing legislature that has been cracking down hard on these rights. These legislatures, such as Bill C-36, has been created specifically to fight off terrorism, but this fight has been done almost blindly and in a rash manner. Cases
Lawrence III I believes that face-to-face confrontation should be counted as fighting words. (Timmons “Disputed Moral Issues”, pages 174-177). He describes that hate speech shouldn’t be considered under the first amendment because the person committing this act is not verbally speaking aloud to invite a discussion or rational argument but to instead “injure the victim”(Timmons “Disputed Moral Issues”, page 175). I believe in the idea of what Lawrence is conveying because when I take a utilitarian approach and try to weigh the benefits for human society I realize that fighting and violence don't amount to much forward progress and advancement. The fact being that no hate speech ever has amounted to any good in history.
The argument for hate crime laws is supported by the Supreme Court’s ruling in Wisconsin v. Mitchell (1993) that hate crime laws punish conduct rather than thought.
While yes, it would be difficult to enact a law limiting hateful speech, and such a plan would initially meet with heavy opposition, it is not impossible to protect citizens of our country from violence and the normalization of violent
A criminal offense against a person or property motivated by a prejudice of race, sexuality, ethnicity, religion, gender, gender identity, or disability is defined as a hate crime. Imagine a person being killed in spite of the dislike for the color of the victim’s skin or their ethnicity. Or think about a criminal committing arson by setting a mosque on fire for the reason that they do not agree with the religious affiliations attached to the mosque. Both are clear examples of a hate crime, and hate crimes have been committed for hundreds of years dating back to, as Tom Strissguth (2003) identifies, 1649 (p. 104). Current hate crime laws that are in place have every good intention in mind to keep victims safe, but there are arguments from scholars
My source of information will support my opinion as in the case of the Charlie Hebdo attacks in the United Kingdom in January of 2015. This was a deliberate hate crime with criminal intent. On January 7, 2015, at about 11:30 local time, two brothers, Said and Cherif Kouachi, forced their
Charles Lawrence in his racist speech tries to convince that racist speech needs to be regulated. He argues that hate speech is intolerable in the United States because it represents discrimination which Everyone defines hate speech differently. I define hate speech as anything that incites aggression regarding one person or a group of people. Now a day’s people uses free speech as a defense for saying anything but discriminating someone is not free speech.
Hate crimes have been a long-lasting reality in the United States beginning in the nation’s history with eradicating Native American populations, slavery, and xenophobia. As a result, forty-five states have adopted hate crime laws to combat organized hate groups from preying upon the most vulnerable groups in society. Hate crime laws provide special protections to the groups that are most frequently targeted by hate crimes including African Americans, LGBT, Jews, and Muslims. Although there has been much debate over what groups should be protected by hate crime laws, evidently there are groups that have been historically targeted at a much higher rate than others. Hence why most states exclude other groups that are not in as much need for protections in hate crime legislation.
Hate speech includes, but is not limited to, gesture, conduct, writing, or verbal communication that might encourage discriminatory behavior to a protected individual or group of individuals. Many universities are committed to creating an atmosphere of equal opportunity that harbors talent, creativity and ingenuity. Speech codes are not only justifiable, but are also essential to campuses because they do not allow the use of hate speech. One who is for the use of speech codes on campuses may argue alongside Lawrence in saying that it is unacceptable to use hate speech in any scenario or environment because it suppresses the voices of minorities. Lawrence presents the idea that “the subordinate victims of fighting words are silenced by their relatively powerless position in society.”
In Robin Lakoff’s “Hate Speech”, Lakoff claims that not everyone is able to understand hate speech because not everyone goes through it, or they don't find it a big deal because it doesn't happen to them. Someone might claim that they know that hate speech doesn't happen that often but, what is hate speech? Hate speech is to “promote violence” and it is “created by people who are a majority of the population; directed toward people who are a part of a minority population.” (bsu.edu). The First Amendment allows people to speak what they want, and express themselves.
Although hate speech is bigoted, hate-mongering, and can potentially lead to hate crimes, it should still be considered free speech. If citizens of the United States are not allowed to be verbal about their beliefs, whether or not they are offensive and hateful, then there is no use in allowing free speech. Placing limitations on free speech contradicts the First Amendment, therefore making it inaccurate and useless.
The ability to speak freely is written in the bill of rights and has been preserved for decades, but when free speech turns into hate speech it brings up the widely deliberated issue about banning hate speech. There are many different perspectives on the issue of hate speech. Author of Hate Speech is Free Speech, Gov. Dean and Law professor, Glenn Harlan Reynolds, applies a strong historical perspective on the situation arguing that people are “constitutionally illiter[ate]” when they make the claim that hate speech is not part of the First Amendment. Believing that it is impossible to ban hate speech because everyone will always disagree with any idea, Reynolds focuses on the problems with banning hate speech and what might happen if hate
looks at how it ultimately affects society and targeted groups. There are a myriad of arguments for and against the allowance of hate speech. Some citing Democracy and the first amendment others stem from the fear of eroded freedoms of expression and have valid points, but ultimately, it corrodes society’s human rights and freedoms. The two fold issue being intolerance of the freedom of self-determination and the fact that some are born a color or culture and have no choice. Therefore, hate speech is anti-social and damaging to society as a whole.