Is hate speech free speech and should it be protected under the First Amendment? Hate speech is speech that is used to verbally assault a single individual or a group of people based on their race, religion, ethnic origin, sexual orientation, disability, or gender. While some countries such as France, Canada, Chile, Germany, etc. have passed laws in an attempt to combat or minimize hate speech, the United States guarantees full protection of hate speech under the First Amendment. The First Amendment, which was ratified in 1789 and adopted in 1791, essentially forbids Congress to create any laws curtailing the freedom of speech, freedom of press, or the right of citizens to peaceably assemble and seek assistance from the Government for a redress of grievances. Since the adoption of the First Amendment, Americans have consciously, continuously, and contentedly exercised their right. 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.
Whether laws intend to limit the offensive power of a minority or protect a minority from attacks, either way rights are lost. In the words of Roger Baldwin, founder of the civil liberties union, “In order to defend the people you like, you have to defend the people you hate.” Roger Baldwin’s statement indicates that if we limit the free speech of one group we ultimately limit our own freedoms. The first Amendment clearly states the limiting of any groups right is unconstitutional, “make no law … abridging the freedom of speech.” The basis behind not allowing the government to define free speech allows Americans to create their own social order and among themselves determine what is acceptable.
The 1st Amendment guarantees the individual the freedom of religion, speech, press, to assemble, and to petition the government. Freedom of speech allows for people to partake in the democratic process by allowing them to speak their beliefs and political ideals. Without the freedom, there couldn’t be a democracy (Ginsberg, 2014). Though there are different forms of speech, some that are protected and some that are not. There are different ways of looking at the 1st Amendment.
In my interpretation of the First Amendment, the rights of the people to freely express their opinions, even if unpopular, is clearly protected. Specifically, hate speech is not clearly defined and may differ between people. Individuals and groups can disagree on if specific issues may be considered hateful. Advocates of, what some may consider as hate speech, will likely disagree that their opinions on an issue would be considered hate speech. Protecting all speech, including hate speech, should only imply that the government is following the first amendment to not interfere or be prejudice against anyone expressing their opinions if done so with regard to other laws.
The first Amendment is part of the Bill of Rights in the Constitution that protects the citizens freedom of expression. According to Source 1, the rights rights protected by the First Amendment to the United States Constitution are freedom of speech, religion, Press, assembly and petition. However, there have been times when the First Amendment has been restricted. In source 4, the Supreme Court case in Des Moines, lowa Mary Beth Tinker,13, her older brother and a friend wore black armbands white peace sings to their schools from of protest against the U.S. involvement in the Vietnam war school officials told to the students to remove their armbands, they refused and were suspended Student sued the school district. This shows that.
From the speeches proclaimed in Nazi Germany, to the words spoken by Stalin, that were utilized for nothing more than power gain in the world stage, no hate speech was factually driven and meant to not create a detrimental impact on those it was personally
Hate crime What distinguishes a hate crime from other crimes is an underlying motivation based on the victim’s group membership. There has been much debate over the constitutionality of hate crime laws and which groups (if any) should be protected by such legislation. Those against hate crime laws argue that it is a violation of First Amendment protections of free, association, and freedom of thought. The Supreme Court confirmed that freedom of thought is implied by the First Amendment in R.A.V. v. St. Paul which those against hate crime laws argue makes such laws unconstitutional.
Many people believe that the First Amendment gives the people right to say whatever they want but it’s not true. There is no hate speech exception to First Amendment. There are some kind of words which are not protected especially the fighting or insulting words or speech in which a person threatens to commit a crime that would result in death, serious injury, or damage is not protected by the First Amendment, instead First Amendment gives the right to fight against injustice, inequality and unfairness. For example Black Lives Matter movement, this movement has every right to express their feelings. The ways they are protesting are protected under the First Amendment.
Abuse of freedom of speech can be defined as hate speech or such speech that instigates and can create many negative impacts. Rosenbaum highlights research that shows “participants who were subjected to both physical and emotional pain, that emotional harm is equal in intensity to that experienced by the body and is even more long-lasting and traumatic” (1125). In the case of discriminatory language, if truly it is problematic, then some form of law limits and restricts it. While it is said that hate speech can cause negative effects on one’s mental and physical health, it was never isolated to be the sole cause of these impacts. Although hate speech may contribute, it is unreasonable to blame emotional harm on hate speech as the world arguably contains plenty of negative things that people are exposed to daily and can easily poison someone’s mind.
What distinguishes a hate crime from any other crime is motive. In order for a crime to be considered a hate crime, it must be motivated by the group membership of the victim. Critics of hate crime laws have argued that they are unconstitutional and violate First Amendment protections of free speech, association, and freedom of thought. Opponents of hate crime laws refer to the Supreme Court decision in R.A.V. v. City of St. Paul (1992) in which freedom of thought was determined to be implied by the First Amendment.
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.
Free speech and hate speech can be classified as different topics and when arguing for one, we can also criticize the other. Free expression and free speech on campuses are crucial for sparking important conversations about equality and social justice, and the suspension of free speech and expression may have dire consequences on college campuses. First, freedom of expression allows students to show their own political, social, and cultural views, while also allowing students with common beliefs to align. Free speech and the call for free speech allows those who have been historically systematically oppressed to use their voice.
We can’t misuse the freedom of speech, saying words that can cause serious harm (bullying). This form of speech will cause depression, suicide, and stunted social development. When freedom of speech hurts others, then it is not just an opinion anymore; it is a form of hate
The time in which we live is the age of communication and the speech or talking one of the important ways of communication and expression. There are different types of Speech and communicate, one of them hate speech. Hate speech means attacking a person or group based on different basis such as gander, religion, race, ethnic origin or nationality and disability. In the other hand, some of human rights treaties agree with freedom of speech or freedom of expression it could offend or disturb others so government of Countries placed laws of hate speech to avoid harms, troubles and problems. Over years Hate speech law became one of the most known laws in international law.
The Constitution protects freedom of speech, but just how far does that freedom go? The first amendment of the Constitution protects freedom of speech. However,the limits of this freedom are still being debated today. While some believe some information should be controlled, censorship infringes on US citizens rights because the government needs to be transparent so citizens feel safe and giving more information helps people reach informed conclusions. It is important that the government remains transparent so that citizens can rely on it.
Galloway explains that free speech is the underlying foundation of a democratic government and allows discussions on important issues and provides access to information which develops an informed society and encourages the prevailing of truth. While it is ensured by the Constitution, freedom of speech is not an absolute right as the Parliament is allowed to enact laws to restrict it, especially when it involves hate speech. There is no universally agreed definition for hate speech but the Council of Europe’s Committee of Ministers Recommendation 97(20) stated that hate speech covers ‘all forms of expression which spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other