Free Speech Analysis
HATE SPEECH PROJECT ASSIGNMENT FOR JURISPRUDENCE-II SUBMITTED BY SUPERVISED BY SHRUTANJAYA BHARDWAJ 69 LLB12 MS. AKILA NATIONAL LAW UNIVERSITY DELHI (INDIA) 2014 TOLERATING INTOLERANCE INTRODUCTION The recent protest in our University by a group of girl students against some sexist jokes delivered to an equally interested audience by comedian Abish Mathew stirred up a debate that was centered on the legitimacy of the form of their protest i.e. heckling. The moral question that was widely discussed is whether such reactions to one’s speech are justified in the realm of free speech principles. This in turn raised a prior and unfortunately much less discussed question, to which this paper will attempt to respond: is all speech worthy …show more content…
If harm arising from physical actions is unacceptable, why ought we to tolerate harm arising out of speech? This ‘harm’ in speech is conceptualized by different thinkers in different ways, and I shall deal with each idea briefly in the coming paragraphs. It should be noted, though, that for most of these thinkers, there is no resultant harm from speech – the speech itself constitutes the harm. One, harm is seen to be caused to the ever so cherished values of equality and tolerance. Hate speech smacks of blatant intolerance, and stands strictly against the principles of equal treatment and respect to all persons. But the question to be asked is whether individual thought and expression ought to be controlled by some abstract values held by other members of the society. It is one thing to say that these values must guide the functioning of state and its government, and quite another to force these values upon individual …show more content…
I dismiss the assertion that a ‘silencing effect’ will be produced as mere conjecture, for no statistical data has been advanced to back it. Further, even if it is shown that some members of the victimized race or sex are deterred from speaking, I will treat it similar to the ‘eggshell skull rule’. It does not seem to me that hate speech alone can effectively silence all members of a particular race or sex, especially in a state which upholds democratic ideals and a world where lately many suppressed peoples have found their voices. Besides, I firmly believe that the state is obligated to regulate the “marketplace” of ideas in a manner so as to ensure that all ideas reach the market. Such regulation of the form of speech seems adequate to me. Following this, in a situation where my predictions about silencing of voices turn out to be false, I will surely concede that the State may prohibit certain hate speech, but only when and to the extent that such speech impedes on other opinions’ space in the
Should Neo Nazis Be Allowed Free Speech Analysis
1043 Words | 5 PagesThane Rosenbaum, in his “Should Neo-Nazis Be Allowed Free Speech?” essay, used the Supreme courts justifying the right of a church group opposing gays serving in the military to picket the funeral of a dead marine with signs that read, “God Hates Fags” as well as neo-Nazis marching in a holocaust survivors’ town as an opportunity to oppose on justifying hate speeches with offensive intentions. Even though it was a strong topic, by missing an ethos appeal and stressing pathos appeal, Rosenbaum failed to make an effective and convincing argument. Rosenbaum did not share that his parents survived the holocaust, and that he is heavily involved in opposing the Nazi regime. He is a law professor in the U.S., and he was also visiting professor at the Benjamin N. Cardozo School of Law at Yeshiva University in Israel, where he has been a frequent speaker, including at the annual Yom HaShoah Lecture hosted jointly by the American Society for Yad Vashem and Cardozo 's Program in Holocaust & Human Rights Studies on “Remember How the Law Went Horribly Wrong”; the 60th anniversary of the Nuremberg Trials on "A Reappraisal and Their Legacy"; and as the Uri & Caroline Bauer Distinguished Lecturer on Rosenbaum 's book, “The Myth of Moral Justice."
James Keegstra Case Analysis
1148 Words | 5 PagesThe suppression of hate propaganda signifies an infringement of individual’s freedom of expression. An activity that conveys a message through non-violent forms of expression is protected under the s.2 of the Charter regardless of how offensive it is. Moreover, there was a misapplication of Charter, which made s.319 (2) of the Criminal Code to fail the proportionality test. There was no relation between the criminalization of hate speech and its suppression. Although his comments were offensive, they did not pose any threats they way violence or violence threats would have.
First Amendment Rights: The Westboro Baptist Church
355 Words | 2 PagesFirst Amendment rights are guaranteed to all American citizens, but current free speech issues are testing Constitutional boundaries. Where must the line be drawn between free speech and infringement upon others’ rights? Is there some speech so cruel and so appalling that it does not merit protection? These issues have been raised by the recent activities of the Westboro Baptist Church. Based out of Topeka, Kansas[1], this small group of radicals is marked by their hateful views and their contempt for homosexuality. The Westboro Baptist Church has gained notoriety and sparked national outrage with their offensive acts, particularly by protesting the funerals of fallen soldiers.
On Racist Speech: Brown Vs. The Board Of Education
766 Words | 4 PagesHe aims to expound to the reader why hate speech shouldn't be included in the freedom of speech, at least on university premises, while reassuring the audience that he understands that the freedom of expression is highly essential and difficult to restrict in terms of hate speech. According to his statements, students who are subjected to racist instruction could even consider filing a lawsuit "on behalf of Blacks whose right to an equal education is denied by a university's failure to ensure a non-discriminatory educational climate" (Charles 18). To help the audience grasp the gravity of the issue, Charles chooses to explain how hate speech might escalate within legal
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1203 Words | 5 PagesThis case clashes with freedom of speech, but it is also about freedom to
Annotated Bibliography On Overcriminalizing Speech
1204 Words | 5 PagesThe article argues that the courts should only view harmful speech in the same eyes and rule them the same as if they were conduct harms. The source then discusses how many scholars believe that freedom of speech only applies when the benefits outweigh the harms, regarding what is being said. The article does a good job of approaching the problem through a semi-neutral lens. The article clearly lets its opinion be known at times; however, it approaches the opposite side of the argument in a fair manner. The article will be incredibly beneficial because it discusses when freedom of speech should not apply with a neutral approach.
Freedom At War With Fear Speech Analysis
750 Words | 3 PagesWhen George W. Bush delivered his “Freedom at War with Fear” speech at the Congress on Sept 20th, 2001, America has just suffered from the single deadliest terrorist attack on US soil. Apart from the intention of establishing himself as a capable leader in times of crisis, Bush’s speech dealt primarily with how terrorism has trampled the very core of American values and how America should respond accordingly. Knowing that Americans were already raged about being attacked on their homeland (“our grief has turned to anger”) and the fact that many demanded actions (“and anger to resolution”), Bush’s general purposes was “strengthening commitment”; more specifically, to strengthen citizens’ and congressmen’s commitment to a long-term war on terror “until every terrorist group of global reach has been found, stopped and defeated”. Throughout his speech, Bush extensively used common knowledge – universal beliefs and values shared by people of different cultural and religious background1 – to support his argument. He mentioned freedom, a value held highly by most Americans, thirteen times during the speech.
Charles Lawrence Racist Speech Summary
770 Words | 4 PagesCharles 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.
Analysis Of Night By Elie Wiesel
912 Words | 4 PagesCurrently, the United State’s criterion on Speech includes, “obscenity, fraud, child pornography, harassment, incitement to illegal conduct and imminent lawless action, true threats, and commercial speech such as advertising, copyright or patent rights” (Gaudefroy 3). However, speech involving discriminatory words or racial intentions are protected by the law. To avoid instances that degrade the minority group, stricter rules need to be enforced on the delicate topic. Restrictions on hate speech should include usage of “misogynistic, homophobic, racist, and conspiracy-laden language” (Gaudefroy 3). Efforts to restrict these types of beliefs would create a more safe and equal society for all individuals.
Conformity In William Golding's Lord Of The Flies
1009 Words | 5 PagesIn society, there are many standards that people must uphold to. In western society, it is uncommon for men to have long hair or for women to have short hair. Naturally, people will be conscientious of their differences between other people and try to change them or cover them up, and often times people who do not follow the standard are looked down upon. This leads to people trying to fit into the groups around them almost thoughtlessly. However, when people conform without thinking, it can lead to dangerous consequences.
The Pros And Cons Of Racial Discrimination In Australia
756 Words | 4 PagesFor example adultery, which is stigmatised by the community, is completely lawful. Possible consequences of committing such an act include breaking up with a spouse, sanctions from private institutions and a damaged reputation. All this can accomplished without government interference. Similar to adultery, racist hate speech should be a matter dealt with by the community and private institutions, not the state. The government does not have a genuine role in regulating dialogue and freedoms ought not to be constrained on the basis of subjective
Analysis Of Free Speech Follies By Stanley Fish
103 Words | 1 PagesPeople have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.
Racist Speech As The Functional Equivalent Of Fighting Words
707 Words | 3 PagesHate 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.”
Freedom Of Speech In College Essay
905 Words | 4 PagesThe idea of free speech on college campuses and the complications of it stem from those on campuses expressing views that don’t align with popular views. Implications for students who use the idea of free speech as a method for hateful actions and comments should be reprimanded, but the question remains as to whether schools should enforce tougher limitations. The freedom of speech on college campus expands to the freedoms of religion, assembly, press, and protest as well. Freedom of expression allows students to show their own political, social, and cultural views. Removing freedoms of speech and expression have consequences deeper than surface issues.
Flip-Flopping On Free Speech Analysis
252 Words | 2 PagesFlip-Flopping on Free Speech It does not surprise me that conservatives were once intolerant to free speech. I generally associated right-leaning individuals to shy away from any freedom of expression if it meant the opinion would be different or upset the public. On the same note, I always associated liberals with tolerating, and even encouraging, free speech.
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