The Constitutionality of Hate Speech Essay - 3494 Words

In order to reduce the astonishing number of hate crimes in the United States, the Federal Government should restrict hate speech, and the expressions of hateful ideas, in all its forms, in all places, both public and private. However, it is imperative that hate speech be defined first. Contrary to some opinions, it is possible to accurately define hate speech, because hate speech does not actually have many elusive forms. Hate speech includes fighting words as defined in Chaplinsky vs. New Hampshire, and words that incite violence or aggression towards a specific group based on sex, sexual orientation, race, creed, or political orientation by the provision of information that is not valid against all members of the group. The wording†¦show more content†¦In order to resolve the issues of hate speech, one should address the necessary balance between personal liberties and public safety. However, some restrictions must be placed on hate speech, including the expression o f hateful ideas. It is imperative that hate speech is limited in some cases, such as those where it could pose a serious threat to the surrounding environment. The only way hate speech can be controlled is with strict guidelines and probable hate speech situations left up to a case-by-case basis. The Federal Government should restrict hate speech on all college campuses. This is due to a variety of reasons. Under the first point of analysis, one can observe that hate speech codes have a tendency to foster a more tolerant environment by teaching a difference between right and wrong (Sommers 1). Often times, college students do not realize the impact that their words may have on others (2). The problem is rarely identified in primary and secondary schools, and it worsens as the students approach the college level (1). Additionally, the problem of morally confused college students can inhibit education. This is especially true when words are integrated into speech that have a significant meaning to one person, but not another (Dalton 2). For example, many people use the word nigger profusely. However, too many of them do not realize that some words carry with them a history of malignant oppression (2). There are aShow MoreRelatedFreedom Of Expression Under Charter Framework1643 Words   |  7 PagesAnother important Supreme Court case that examined the reasonable limits on freedom of expression is R v. Whatcott. The Whatcott ruling also challenged the jurisdictional issues of free speech. William Whatcott, a Christian activist who advocated strongly against homosexuality and same sex marriage. Whatcott distributed several flyers in Saskatchewan that discussed political, social and moral issues. Many of these flyers heavily denouncing homosexuality using strong offensive language denouncingRead MoreEssay on Hate Speech - Legal, but Unnecessary1376 Words   |  6 PagesHate Speech - Legal, but Unnecessary nbsp;nbsp;nbsp;nbsp;nbsp;While a clear and concise definition remains forthcoming, it is easier to establish what hate speech is not. Hate speech is wrong but legal in the United States of America mostly because we have the freedom of speech. But the First Amendment exists precisely to protect the most offensive and controversial speech from government suppression. In this case, people are allowed to use hate speech and not get arrested or any legal actionsRead MoreSpeech : The Freedom Of Speech Essay1624 Words   |  7 Pagesthe United States are privileged to the freedom of speech under the First Amendment, but the constitutional limits of the freedom of speech have been questioned on multiple occasions. 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Introduction First Amendment protection of free speech has long been recognized to be essential to democratic governance, in part because social progress would stagnate without the free exchange of ideas between citizens. However, there are practical limits to what constitutes protected free speech and these limits have been codified into law by Congress and enforced by the federal courts. This essay will argue that the First Amendment isRead MoreFreedom of Speech in America and Its Limits Essay2413 Words   |  10 Pagesdemocratic 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 acknowled ged through naturalRead MoreSearch and Seizure in Public Schools Essay1932 Words   |  8 Pagespurpose of this paper is to discuss public school districts limits on hate speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated