Free Speech vs. Hate Speech Essay

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.

“Congress shall make no law…abridging the freedom of speech.” (Jacobus 93). Just like the Freedom of Religion there are limitations placed on the Freedom of Speech so that other people’s rights aren’t compromised. For example, people are not allowed to present true threats, or “fighting words” to another person. This restriction was put into play in the court case of Chaplinsky vs. New Hampshire. The Court ruled that “fighting words, by their very utterance inflict injury or tend to incite an immediate breach of the peace and may be punished consistent with the First Amendment.” (Ruane 3-4). In this case if someone was to use “fighting words” which is their perceived freedom of speech, it would not only violate the law, it could violate someone’s freedom of pursue life, liberty, and happiness. With this, we can see that freedom is not always as it

A 2005 study conducted by National Institute of Justice, found that the Federal Government and all but one state, Wyoming, have laws related to hate crimes. A consistent problem identified by this study is there in no consistency in defining what constitutes a hate crime. (Carrie F. Mulford, Ph.D., & Michael Shively, Ph.D., Hate Crime in America: The Debate Continues, 257, Nat’l Inst Just., (2007). “The Federal Bureau of Investigation defines hate crime—also called bias crime—as “a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.” ld.

In the name of free speech, hate speech should not be tolerated. Hate speech has devastating effects on the people and communities it is targeted at. Left unchecked hate speech can lead to harmful and violent effects. Over the past few years, the effects of hate speech used on women, homosexuals, ethnic groups and religious minorities have become more and more apparent. Hate speech can be very divisive in many of the situations it is used, depending on who interprets the expression can vary how people react, due to hate speech, not being easy defend when it does not hurt that certain person or community. If left uncheck hate speech can develop into harmful narratives that remain. While hate speech is not against the law, some have begun

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

<br>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

The first amendment to the constitution is one that never seems to be debated itself, but its interpretation is often times debated. In saying this I mean that most everyone agrees that people should have the right to free speech, but what is often debated is where to draw the line. The question is, what is the difference is between someone using their right to free speech and them spewing hate speech. The first amendment is quite possibly the most important to maintaining our form government. It allows us, the people to have a say and speak on political topics among other things. The full first amendment, which was officially put into place alongside the second amendment in 1791, is made up of, for the most part, two basic points. It touches on religion and preventing freedom of speech or press “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.” The first of these points that touches on religion was first formed based upon one of the main reasons that

Hate speech is a term of art in legal and political theory that is used to refer to verbal conduct – and other symbolic, communicative action –which willfully attacks a person or group based on attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender. Hate speech thus includes things like identity-prejudicial abuse and harassment, certain uses of slurs and epithets, some extremist political and religious speech. For example, statements to the effect that all Muslims are terrorists, or that gay people are second -class human beings, and certain displays of hate symbols like swastikas or burning crosses are part of it. Those such activities are classified as hate speech if, and insofar as, they convey the idea that belonging to a particular social group warrants someone’s being held in or treated with contempt. However, Freedom of speech is the most important and basic right that a human in every country deserves. Freedom of speech and hate speech are two opposite things. Therefore, the government needs to draw a line between hate speech and freedom of speech to protect a citizen. Hate speech should be banned and extreme speech regulated because it is one of the reasons for many negative consequences in human lives

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,

Opposition to all forms of hate speech laws are quite passionate. People who are adamant against hate speech laws affirm their beliefs through the First Amendment. Believing that the First Amendment protects all types of speech, no matter how terrible, these people go about calling others “snowflakes” just for protesting hate speech. Instead of actually understanding the harmful effects that have been proven by researchers they instead trivialize the effects (Neilsen 10-11). This type of resistive thinking is

The legislation is needed to protect groups of victims commonly affected by hate crimes. Also, the legislation is also a public awareness effort to show that there is something being done about this issue. However, public awareness is also shed on the vulnerable groups that these crimes often affect. Some opponents of hate crime legislation argue that it violates the freedom of speech. Congress has decided that hate crime legislations would in no way limit freedom of speech. Unfortunately, preaching hatred against a particular group have always been protected forms of

Free speech is the backbone that holds democracy together.  Without a free speech, ideas would not be challenged, governments would not be kept in check, and citizens would not be free.  John Stuart Mill said once that, “If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person then he, if he had the power, would be justified in silencing mankind.”( Roleff, 21). The right to free speech is essential to “egalitarian democracy,”(Tsesis) however, this right is not absolute and must be limited in certain situations.

Over the course of American history, many have taken the First Amendment right of freedom of speech and created wonderful things out of it. Alice Paul is an excellent example: she utilized her right to free speech and press to promote the equality of women and earned them the right to vote, in the midst of World War I. However, many take it the other way and create hate speeches where they tear down one particular group or individual or idea with their crude and blunt remarks. Yet, they are protected by the freedom of speech and the government cannot interfere with their actions, causing many to argue the First Amendment Right cannot be extended to anyone making hurtful remarks. Hate speeches need to be protected by the freedom of speech, as shown in legal documentation, moral issues, and the benefits it creates.

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

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.