This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.
In Anthony Lewis’ Freedom for the Thought That We Hate, the author explores the history of the first amendment in the constitution, and goes through multiple examples of instances in American history where our true freedom of speech was questioned.
Another claim that Lawrence makes is “the purpose of the First Amendment is to foster the greatest amount of speech, race and disserve that purpose” (2087). He backs up his claim by saying that first amendment’s intention is not to discover the truth or to initiate dialogue but to injure the victim. He goes onto say that universities are responsible for ensuring that all students receive an equal amount of educations but that’s hardly the case. He also says that we see too many politicians don’t care about this issue on free speech that it brands them as being too closely allied with black people. He says that black people didn’t know anything that many times the free speech would remain unregulated because in an unregulated marketplace the best one rise to the top and gain acceptance while
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
The case of Brown Vs the Board of Education is, in a roundabout way, a case of racial speech. By not allowing mixed schools, a message is being conveyed that segregation is all right. This is a prime example of how this hate can cause real psychological problems and how a student can be so tormented by racist speech that he is deprived from gaining a full education. Although university officials have tried to eliminate racial harassment, their efforts have proven to be futile except in incidences of personal confrontation. Only words that arouse anger and result in violence are not protected by the First Amendment.
Former president of Harvard University, Derek Bok, in his essay, “Protecting Freedom of Expression on the Campus” published in the Boston Globe, addresses the topic of protection and regulation of freedom of expression on college campuses and argues that rather than prohibiting the expression of offensive speech, it would be better to ignore it. He fails to support his claim by dismissing the emotional discomfort that people might find themselves in, in response to someone’s offensive expressions, and by not being a credible source of information on the topic, but he successfully appeals to the reader by offering logical reasons as to why
Lawrence sheds light upon the very turbulent issue of the First Amendment right to the Freedom of speech in contrast to the inequality caused by its misuse through racially bias speech. The author states that the University officials should endorse some sort policy that will protect the rights of those who are victimized by this “racial nuisance,” while at the same time not censoring our constitutional right of free speech, “I am troubled by the way the debates has been framed in response to the recent surge of racist incidents on college and university campuses and in response universities attempts to regulate harassing speech” (Lawrence，65). Continually, Lawrence defines the set of ideals that the First Amendment was based on, particularly; equality. He goes on to show the audience that this very balance is
According to Charles R. Lawrence III, hate speech in the United States is unacceptable and represent it’s kind of restriction on the use of free speech. On his speech on hate speech, he claims that the hate speech silences the voices of the minority groups among the citizens and causes them to be excluded from free exchange of ideas and the promotion of their right to freedom of expression. In his speech, he first examines the Supreme Court outcome and decision in Brown vs. Board of Education case, where he urges that this is one of the most important facts on the equal protection laws in the United States of America. In this case, he shows that prejudice is part of racist speech. Furthermore, he extends that everyone is entitled to participation as a member of society and that separate schools undermine the idea of expression. Additionally, he asserts that hate speech restricts the involvement of these minority groups and thus it should be legislated.
Hate speech is defined as “speech intended to degrade, intimidate, or incite violence or prejudicial action against someone based on his or her race, ethnicity, national origin, religion, sexual orientation, or disability.” There has been a controversial issue regarding hate speech and the laws that prohibit it. The right to freedom of expression reassures each person the right to express themselves in ideas and opinions without the government's interference. Hate speech is not protected by the first amendment and should not be expressed towards others because it causes harm. In this essay I will talk about the effects harmful hate speech caused to others and to the groups treated as insignificant. I will also discuss how hate speech cannot
Back in the year of 1791, when our grand country was at the tender age of fifteen, two gentlemen gathered together to form a written document that would protect their newly attained freedom. These written principles, later know as the Bill of Rights, were penned primarily by George Mason and James Madison. The Founding Fathers of the American public’s home country. It is interesting to note that not only were these two men the authors of Bill of Rights but were also successful in their own careers too. George Mason, a prospering planter in the state of Virginia and James Madison a graduate of the College of New Jersey, known as present day Princeton. Madison was a lawyer by trade, but was driven with a profound interest in ministry. They came together to compose one of the greatest treasures in the nation’s history: the Bill of Rights. In this written expository, this author will be discussing the first of the ten of these amendments: the amendment that guarantees Americans the freedom of Speech. The necessity of free speech and the important values it contains is a main foundation for this country, therefore, Rosenblatt 's argument for the freedom of “expression” is valid because it certifies our right to speak freely, form an opinion, and exercise the correct function of democracy while on American soil.
In this paper I will analyze the arguments presented in Caroline West’s article, “Words That Silence? Freedom of Express and Racist Hate Speech.” Here West probes what is meant by free speech and in so doing, identifies three dimensions of speech from which the value of free speech derives. These are production and distribution, comprehension, and consideration. Her major premise is that absent requirements of comprehension or consideration, free speech lacks the value it is generally accorded. West argues that allowing the production and distribution of racist hate speech has a silencing effect on, not only the production and distribution of speech by racial minorities, but the comprehension and consideration of their speech as well. She concludes that this silencing may have a net effect of diminishing free speech.
As hate crimes have risen in number during the past five years; many state governments have attempted to prevent such crimes by passing laws called bias laws. These laws make a crime that is motivated by hatred based on the victim’s race, religion, ethnic background, or sexual orientation a more serious crime than such an act would ordinarily be. Many people believe that these laws violate the criminal’s freedom of speech. Many hate group members say that freedom of speech is the right to say or write or publish one’s thoughts, or to express one’s self, they also say that this right is guaranteed to all Americans. But people and organizations who are against these hate groups ask themselves if the first amendment include and protect all form of expression, even those that ugly or hurtful like the burning crosses. The Supreme Court Justices have decided that some kinds of speech are not protected by the Constitution,
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
While some believe freedom of speech violates the rights of others, it is one of the most fundamental rights that individuals enjoy. In this argumentative essay, I’ll discuss why freedom of speech is important, but it’s not the only important right that we have. Yes, freedom of speech should be absolute, but we should not give anyone the chance to define reasonable restrictions. But 'hate speech' should strictly be restricted, as it infringes on free speech of others.
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.