Hate Speech, Should it be Regulated?
Hate speech, what is it? The definition of hate speech, according to Mari J. Matsuda, author of "Assaultive Speech and Academic Freedom, is "
(a word of group of words) of which is to wound and degrade by asserting the inherent inferiority of a group" (151). In my own words hate speech is a humiliation and demeaning slur of words specifically used to disgrace a person for their race, religion, or sexual habits. There is now a controversy if hate speech should be regulated on college campuses or not. I have read a few articles with the author being either for or against regulating hate speech. My opinion is that yes, we should regulate hate speech on college campuses.
In three of the six
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He believes that if hate speech is regulated then the first amendment is violated. I do agree with McMaster on this one stand point but it is not enough to make me against regulation. Gellman asks three questions, those are: "What are the costs to society as a whole of hate speech laws (which she calls ethnic intimidation laws ')? Are there unexpected dangers for ethnic minority groups in the hate speech laws designed to protect them? Do hate speech laws actually achieve their objectives of combating bigotry and encouraging equal dignity ' ?" (176). My answer to the first question is the cost to society is the hate and the bad relationships that there are in our society. The second question I answer as: no there are not unexpected dangers because this law protects them. Also to the third question I say that yes it will achieve their objective to reducing hate speech because of the consequences that will be given. Gates believes that "to regulate speech will lead to wider restrictions on free speech and to a weakening of civil rights" (182). Although it might put a damper on how people perceive the first amendment, I believe that it will not weaken our civil rights. These are the views of the three authors on being against regulating hate speech.
Yes I am for regulating hate speech, although I do comprehend and understand McMaster 's view that it will go against the first amendment. I am all for free
Throughout history, the United States Constitution has been put to the test over the issue of free speech. The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Even though free speech is one of the core American values proudly embedded in each citizen, some poopAmericans find themselves torn between whether or not to limit the freedom of speech on behalf of hate speech. Most law-abiding citizens disagree with hate speech, but must realize even speech that promotes hate, racism, and even crime
Jeremy Waldron argues in favor of hate speech restrictions in his book “The Harm in Hate Speech”. He presents the central argument that vulnerable minorities are in need of hate speech regulation to protect them from harm. Another argument he presents is that such regulation must be a content-based regulation, as opposed to a time, place, and manner restriction that is usually employed to prevent certain kinds of speech. A final argument he uses is that speech is the harmful action, rather than speech simply causing harmful actions. I do not find his arguments to be compelling enough reasons to support restricting free speech with hate speech laws.
Just a couple of months ago white supremacists rallied in Charlottesville to protest the tearing down of the statue of Robert E Lee. The racism and hate they spread through their march is unquestionably disgusting and serves no purpose in our society today. This event has led to social media sites such as Twitter to crack down even harder in a plight they started over a year ago to silence hateful speech. While there are some occasional dissenters, the general population agrees with the opinion that this speech is awful in every sense. With that being said, censoring their right to free speech is a bit too rash. We can all agree that free speech is one of the most important rights we have, and with President Trump throwing around the term “fake news” at major news organizations, it is more important than ever to protect that freedom. The article “The case for restricting hate speech” by Laura Beth Nielsen of the Los Angeles Times gives an argument for why hate speech should be censored. While she provides valid points, with the absence of factual statistics, none of them are strong enough to support her thesis that hate speech should be banned. I believe that in almost every instance, hate speech should remain protected just as much as our right to free speech.
The Federal Government should restrict hate speech on all college campuses. This is due to a variety of reasons. Under the first point of analysis, one can observe that hate speech codes have a tendency to foster a more tolerant environment by teaching a difference between right and wrong (Sommers 1). Often times, college students do not realize the impact that their words may have on others (2). The problem is rarely identified in primary and secondary schools, and it worsens as the students approach the college level (1).
The idea of hate speech has been something that courts can’t seem to find a middle ground about; however, recent strides have brought us closer to eradicating this action. The first major supreme court case regarding hate speech occurred in 1992 in R.A.V. v. City of St. Paul. R.A.V. v. City of St. Paul involved a young, white male burning a cross on a black family’s front lawn. The supreme court ruled that this action was part of the boy’s free speech guaranteed in the first amendment. People often overlook the fact that the boy could have been held responsible for damaging the family’s property. Another case occurred in 1993 in Wisconsin v. Mitchell, where Mitchell and a group of black men were outside a theater which showed a racially insensitive
Many pro-speech advocates argue that policies restricting hate speech are always overbroad which leads to a chilling effect in which people are afraid to say anything controversial in fear of punishment and thus, ideas are suppressed in the process. Nevertheless, in the case of hate speech, rights of students to a proper education, uninterrupted by intentional expressions of hate should easily surpass students and professors’ rights to complete free speech. Hate speech on campus causes psychological harm and emotional distress to those that it is directed towards and is a form of discrimination that strips its target of their dignity. Vulnerable minorities subjected to hate speech feel unwelcome, which disrupts their education and opportunities. Additionally, hate speech silences its victims rendering them powerless in comparison to the strength of the majority. This effect is in direct opposition of the ultimate goal of free speech. The objective of free speech is to have controversial speech answered with more speech by the opposing side; however, hate speech eliminates the opposing side from engaging in the countering speech response, thus the exchanging of ideas is disrupted. Furthermore, the dangers of hate speech are apparent when looking at countries comparable to the United States, such as Germany, England, and Canada, all of which have laws in place that make hate speech a punishable crime. If almost all other democratic countries fear the consequences of hate speech enough to compose laws proscribing it, then this type of harm should not be allowed on campuses which encompass young and vulnerable individuals. Overall, hate speech undermines the peace on campus, interferes with the educational environment of minorities, and is contradictory to the mission of free speech in that more speech is
Also, whether it be in a positive way or in a negative way, it can change the way American citizens act toward one another. Hate speech is currently protected by the First Amendment, and it should remain that way. Hate speech should not be illegal because it will cause more problems than solutions. Hate speech should not be regulated because it will not solve anything; it will only make situations more difficult. Laws against hate speech will only cause situations to become more complicated.
My thoughts are mixed upon the article “Sorry, College Kids, There’s No Such Thing As Hate Speech”. My initial thought about this article is a total agreement towards it. I do agree that there's no such thing as “hate speech”. In the article, they describe some topics that affiliate with hate crime/speech. For example, the author states the ideas affiliated with abortion, transgenders, and illegal immigration. Free speech matters. Although some might have a positive outlook towards transgenders, others might have a negative outlook towards them, thoroughly getting into an argument about it. But, that's not “hate speech”, it's free speech. Freedom to speak your opinions. However,
Hate speech is taking over our lives we get separated into groups defining what we believe in. Imagine yourself in a crowd of people fighting for your rights but in never ends. America should limit hate speech because hate speeches caused divisions in our cultures, Hate speech conducted into riots and violence it also relates to fights and citizens getting in deep trouble on social media.
The United States is quite a diverse country, people coming from or born into different ethnic groups. Over the years, Americans used their freedom of speech to bring positive changes within society. However there has also been harsh criticism and disapproval that has caused protest with extreme actions. Knowing the history of America concerning minorities rights, there are most movements that were seen as hate speech. Most freedom of speech is protected including hate speech. Yet it has caused harm mentally and physically to the targets including causing violent actions.What is considered hate speech is speech that attacks a single person or group based on their race, ethnic origin, disability, sexual identity, or gender. While hate speech does bring psychological harm to its targets and to tolerate is not enough, putting restrictions towards hate speech could cause more problems within college campus and a social uproar.
During the turbulent tides of the 2016 election, the question of whether or not hate speech is protected under the First Amendment has been brought up multiple times. Hate speech is defined by the American Bar Association as “speech that offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits.” One side argues that hateful comments should not and are not protected due to the oppression they bring. After all, why would a nation that promotes freedom and equality for all allow the harmful words of others to persist? Conversely, others argue that the First Amendment covers all forms of speech, hateful or not, and to not allow hate speech is both a violation of
Hate speech is often misunderstood because it can be classified as either careless or intentionally hurtful. Many people interpret careless statements as acts of aggression, but with good reason. It would be false to say that the freedom of speech has never been manipulated to inflict damage upon others. Questions have been risen of what hate speech is and if it should be allowed to be viewed by public access. Alan M. Dershowitz delivers an enumerative definition of the term by asserting all speech that criticizes another’s race, religion, gender, ethnicity, appearance, class, physical or mental capabilities, or sexual preference. However simply defining hate speech by listing out its various forms only amplifies its definition, but it fails to clarify. Vicki Chiang manages to provide a more analytical understanding of the term by listing the various forms of the act and addressing the effects upon all involved. Dershowitz’s list of hurtful instances of hate speech conveys a definition of the term as a whole, but does not cover all forms hate speech. Hate speech is any action that conveys a critical perception of an opinion which criticizes a group in a harmful manner. By addressing all forms of hate speech and considering all involved it can be concluded that though such media is often viewed as offensive, it should not be censored by a legislative body that advocates freedom of speech. In a library, one should be allowed access to the records of the past in order to
Like most democratic nations in the world, the United States has had its own fair share of issues with hate speech. There has been a lot of controversy over whether hate speech should be regulated. In analyzing the concept of free speech, one cannot ignore that it does not occur in a vacuum. There have been all types of debasements ranging from ethnic, religious, racial and gendered stereotyping. Freedom of speech inherently includes all other fundamental human rights. Hence, as acknowledged through natural rights, other rights and personhood should adamantly be included within this scope of this protection. Hate speech is a limit on free speech, as it not only puts the victim under deliberate psychological and physical harm, but also
I believe that censorship of hate speech is necessary to a certain extent, for example hate speech that is violent toward others should be censored because if it is not that we are denying the students that the hate speech is directed toward an equal opportunity to an education. If the students are afraid to go to school that what good is school?
Speech that attacks a person or group of people on the basis of race, gender, or sexual orientation is regarded as hateful. It has the potential to incite violence or prejudicial action against or by a protected group of people. In Millian Principles, Freedom of Expression, and Hate Speech, Mill makes the claim that essentially all speech, including hate speech, should be allowed. This claim holds its validity as long as no harm is done to an individual. Here, I will show that low value speech fails to engage deliberative views that underlie central first amendment fundamental liberties. Subsequently, I will support these claims by comparing the aspects of hate speech to low value speech. Lastly, I advocate for the prohibition against the use of hate speech in a university setting.