Hate Speech or Free Speech?

 

hate speech

According to the First Amendment, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech”. For years now, there has been an ongoing debate about whether or not “hate speech” is protected under the First Amendment. That is the issue at hand. Now, hate speech is not officially recognized to have any fixed legal meaning under U.S. law. However, many people recognize hate speech as speech that offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits.   

Many U.S. Commentators claim that there is a “hate speech” exception in the First Amendment. But American law professor Eugene Volokh has brought to many people’s attention that these exceptions to the First Amendment do not apply to hate speech. However, they do apply to “fighting words”. Words that are used to place the target of the words in direct danger or harm are not protected by the First Amendment. For example, one may condemn the Klu Klux Klans ideals and views, but unless they act on their ideals, legally they are protected by the First Amendment.  If the Klu Klux Klan did act upon their ideals/say they are going to act upon them, then they would be considered fighting words. Long ago, in the court case  of Schenck v. U.S., the supreme court decided that freedom of speech or the freedom of press could be limited if the words created a “clear a present danger”. This rule seems to still be widely used today pertaining freedom of speech.

Although I think some of the things people believe/think are horrible and unfair, technically they are allowed to express these ideals that they have. Even if you d0 not  agree with another’s ideals, we are indeed a free society. Being a free society means everyone has the right to express their ideals no matter how horrible they may seem to you. As long as they do not act upon their ideals in a threatening way, they are protected under the freedom of speech clause of the First Amendment.

 

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