Limitations Of Racist Speech

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.

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

As of today, the supreme court has interpreted the first amendment to say “The First Amendment provides no protection for obscenity, child pornography, or speech that constitutes what has become widely known as “fighting words.” The First Amendment provides less than full protection to commercial speech, defamation (libel and slander), speech that may be harmful to children, speech broadcast on radio and television (as opposed to speech transmitted via cable or the Internet), and public employees’ speech.”(Ruane, Kathleen Ann) with this loose definition in mind many people have begun to think whether freedom of speech should be further limited to several cases seen in recent years such as what happened in Charlottesville, Virginia.

In the following essay, Charles R. Lawrence encompasses a number of reasons that racist speech should not be protected by the First Amendment. In this document, he exhibits his views on the subject and what he feels the society should confront these problems. In this well- written article, he provides strong evidence to prove his point and to allow the reader to see all aspects of the issue.

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

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

How much we value the right of free speech is put to its severest test when the speaker is someone we disagree with most. Speech that deeply offends our morality or is hostile to our way of life warrants the same constitutional protection as other speech because the right of free speech is indivisible. However, in recent years, the right to free speech is one of legal and moral ambiguity-What separates offensive free speech from dangerous or threatening (and presumably illegal) hate speech? Under the First Amendment to the United States Constitution, every American citizen should be entitled to the right of free expression, thought, and speech. While free speech, including racial, sexist, or otherwise prejudiced remarks, must protected no matter

Charles Lawrence evokes that racist speech should be regulated to avert defaming the minorities in “On Racist Speech” from the Chronicle of Higher Education. The article addresses that racial insults do not deserve to be under the First Amendment because “the perpetrator’s intention is to injure the victim” (Lawrence 2087). After all, the Supreme Court has asserted that if the perpetrator’s intention is to “inflict injury or tend to incite an immediate breach of the peace”, then they are not protected under the First Amendment (Lawrence 2086). The racist slurs on the university campus was one of the vexed topics since students should have “the right of an equal education in a safe environment” rather than being surrounded by verbal

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,

Brayden Libby Mrs. Pound English II PreAP/Block 7 14 May 2018 Rhetorical Analysis of “Hate Speech and the First Amendment” In an article titled “Hate Speech and the First Amendment”, the author provides an overview of the debate and opposing side’s viewpoints. The author adopts an unbiased tone in order to convey key topics of the debate to an audience that is already putting up defenses to protect their stance. The purpose of the article is to suggest that the boundaries between opposing parties can be overcome by finding a middle ground in how to handle hate speech through the objective use of rhetorical devices.

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.

The amendment gives us freedom of speech, but it is sensible enough to protect from fraud, defamation, shouting fire when there is no fire and etc. Those limitation is to keep from inciting riots and hurting individuals. However, hate speech is defined by dictionary.com as speech that, "attacks... a person or group on the basis of national origin, ethnicity, color, religion, gender, gender identity, sexual orientation, or disability." But what if someone wanted to express their beliefs, such as a child saying they hate black bears at the zoo? The parent could either suggest to the child to be quite and ignore them (censorship) or tape their mouth shout and force them to follow the parent around the zoo (limiting free speech). This is an extreme

Freedom of expression has always been a heated and heavily debated topic throughout our society, more so in recent times due to the increasing amount of freedoms that we gain. However, it is only natural that free speech be something of extreme amounts of conflict since this right is expressed in the very first amendment of the Constitution. But, how loosely should such an important document within our history be interpreted? This has been a question for years, and it is obvious that this particular amendment presents itself through our day-to-day activities. The real issue with freedom of speech is that, even though it is presented to us, there are obviously people who would abuse it to invoke emotional distress, or even to invoke acts of

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