I keep hearing about a supposed “hate speech” exception to the First Amendment, or statements such as, “This isn’t free speech, it’s hate speech,” or “When does free speech stop and hate speech begin?” But there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn Islam — or Muslims, or Jews, or blacks, or whites, or illegal aliens, or native-born citizens — as one is to condemn capitalism or Socialism or Democrats or Republicans.
Monday, November 02, 2015
No such thing as "hate speech" exception...
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Surprisingly R.T. that may be fairly easy. Speech includes both words and actions (like silence, flag burning and contributions to political campaigns.) http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does
ReplyDeleteInteresting, the military (my younger bro is a bird Colonel) isn't as inflexible as it used to be. I am a small gov't person. I won't comment on your ultra conservatism but I think it is philosophically, legally and practically impossible to understand original intent -- words change and society changes so anything we think now is original intent wasn't. Even defining original intent is impossible; whose intent? A majority of the framers? But few framers wrote down what they thought. And to slavishly follow what the few who did really would make the country an ancient oligarchy right? Ruled by a few people's undefinable thoughts (which are impossible to isolate anyway and certainly were;t about the complex issues we face in the courts today)? As far as hate speech goes I think it is too tough to define (and even though I get a fair amount of hate speech directed at me.) But hate crimes? Well since people of color, and other minorities like trans people, often get harmed that much more because they aren't white and mainstream -- and the country has a legitimate interest in preventing such hate from flourishing -- I don't agree. Hate crimes need to be isolated as crimes in and by themselves -- we need to deter such evil.
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