Hate Speech
Constitutionality of hate-speech laws and legislation

College campus hate-speech codes,

Fighting words; hate symbols

State interest in regulating hate-speech,

Arguments for and against such laws and codes,

First Amendment protection of unpopular or offensive speech,

Sentence enhancement for bias motivated crimes,

Supreme Court handling of hate speech and hate crime issues

Constitutionality of hate-speech laws and legislation

The Constitution of the United States was drafted in 1787, ratified in 1788, and put into operation in 1789. The 10 amendments constituting the ill of Rights were adopted in 1791. The first of these restricted the new government's powers with regard to speech and the 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.

Interpretations of the First Amendment are at the center of…...

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Bibliography

Commentary on First Amendment Issues Originally published August 2, 1998 ONE MAN'S HATE SPEECH, ANOTHER'S POLITICAL SPEECH By CHARLES LEVENDOSKY Casper Star-Tribune Web site: http://fact.trib.com/1st.lev.hate.speech.html

Regulation of Fighting Words and Hate Speech The Issue: Does the First Amendment limit the government's ability to regulate fighting words or hateful speech? Web site: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/hatespeech.htm

Edward J. Cleary - "Beyond the Burning Cross"

Hate Groups, African-Americans, and the first Amendment Web site:  http://www.mediawatch.com/hatespeech.html

Hate Speech on Campus
Colleges and universities have always portrayed themselves as the bastions of free speech and expression. However, in the growing diversity of college communities, more universities struggle to maintain the balance between protecting free speech and providing a welcoming learning environment for all its constituents.

As a result, many campuses have initiated speech codes, intended to protect people and groups from hate speech, which is often accompanied by violence. This in turn has given rise to charges that though hate speech may be offensive, it is also free speech and therefore deserves protection under the First Amendment.

The first part of this paper examines arguments that hate speech deserves constitutional protection. The next part then examines how hate speech hurts victims and destroys tolerance. In the conclusion, this paper argues that the First Amendment protects even hate speech. Thus, campus speech codes and other restrictions on freedom of expression violate…...

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References

ACLU reading.

Charles R. Lawrence III reading.

Kors, Alan Charles and Harvey A. Silvergate. 1999. The Shadow University: The Betrayal Of Liberty On America's Campuses. New York: Perennial.

The difference comes when the person, whether or not incited by hate speech, does more than just talk, but takes the hatred a bit further and commits a criminal act, such as an attack upon a person or a place simply because it is associated with some group the attacker does not tolerate. So hate speech and hate crime are not equivalent and as such hate speech is protected by the constitution.
Can we ban hate speech from our campuses? This is a touchy subject and one which has even gone to the Supreme Court. Late in the 20th Century many schools sought to limit hate speech on the campuses. It was felt that this would prevent a rise in harassment. Speech codes on campuses which have gone to court have not held up well against the First Amendment. In most cases, policies are considered to vague to be enforced.…...

hate speech? esearch the First Amendment and the right to free speech. Is it legal for students to pass out flyers and T-shirts with anti-gay and lesbian slogans? Is advocating violence against a social group legal?
Hate speech refers to speech whether orally or written, that insults, promotes hatred or violence on a specific group, race, disability, national origin, or gender. Hate speech has been shown to incite violence in individuals, leading to hate crimes with recent crimes directed towards homosexuals. Hate speech often takes the form of propaganda as shown in World War II with the Nazis and protests like the protests of the now infamous Westboro Baptist Church. However, thanks to the First Amendment, the constitution protects the use of hate speech to a certain degree and allows the use of publications and protests with the sole purpose of promoting hatred of groups. Although the government and society…...

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References

Liptak, A. (2015). Hate speech or free speech? What much of West bans is protected in U.S. - The New York Times. Nytimes.com. Retrieved 28 January 2015, from  http://www.nytimes.com/2008/06/11/world/americas/11iht-hate.4.13645369.html?pagewanted=all&_r=0 

Techdirt,. (2015). California College Tells Student He Can't Hand Out Copies Of The Constitution On Constitution Day | Techdirt. Retrieved 29 January 2015, from  https://www.techdirt.com/articles/20130919/10212524582/california-college-tells-student-he-cant-hand-out-copies-constitution-constitution-day.shtml

Hate Speech and Word Police
One of the most basic freedoms of humankind is the freedom of speech. Democratic societies boast about their citizens' right to speak freely. Freedom has always been a controversial topic to people, but once we begin to pursue it, we will find the process being far from a simple one. Everyone has come across the notion of propaganda at least one in their lives. Propaganda relies on the power of words. Propaganda has changed popular attitudes and beliefs, it has helped control people's minds to the point when it came to joining a war or attacking a country, for example. There should be no doubt about the power of words. Yet, there is still a very lively debate among professionals and nonprofessionals alike when it comes to the freedom of speech in a democratic society. More precisely, the issue of boundaries is one that causes a…...

large, pornography is not harmful. Pornography has been stigmatized as have many expressions of sexuality, but for the most part the performers are adults performing of their own volition, and the consumers of pornography are finding an outlet for their sexuality. That there is stigma and judgment associated with pornography to the point where expression of human sexuality is considered to be harmful by some is unfortunate. This essay will construct the case that pornography is not harmful.
For much of the 20th century, pornography was considered to be harmful, and there were many perspectives put forward to support that idea. Some perspectives were rooted in the vestiges of Victorian-era prudishness, that considered nudity and the human form to be vulgar, and those perspectives are fairly easy to dismiss as either cultural or religious oddities. Believing something harmful and it being so are really not the same argument at all.

Through…...

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References

Brannigan, A. & Goldenberg, S. (1986). Social science versus jurisprudence in "Wagner": the study of pornography, harm and the law of obscenity in Canada. The Canadian Journal of Sociology. Vol. 11 (4) 419-431.

Delgado, R. & Stefancic, J. (1992). Pornography and harm to women: "No empirical evidence."

Dyzenhaus, D. (1992). John Stuart Mill and the harm of pornography. Ethics. Vol. 102 (3) 534-551.

Gelber, K. & Stone, A. (2016). Constitutions, gender and freedom of expression: The legal regulation of pornography. Retrieved January 22, 2017 from http://s3.amazonaws.com/academia.edu.documents/46463261/Gelber_and_Stone_Final_for_ssrn.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1485153322&Signature=maLoKuQvpmbxbb5sbwKjt3hgAW0%3D&response-content-disposition=inline%3B%20filename%3DConstitutions_Gender_and_Freedom_of_Expr.pdf

Free SpeechThe question of whether legal protections should extend to offensive speech in all contexts is a complex and contentious one. While the First Amendment to the United States Constitution protects free speech, there are limitations on this protection, particularly in cases of speech that is deemed to be offensive or harmful to others.In general, the Supreme Court has held that speech that is merely offensive or hurtful is protected by the First Amendment (Levinson, 2013). This includes speech that is considered to be hate speech, as long as it does not rise to the level of inciting violence or causing direct harm to others (Stone, 1994). However, there are some contexts in which speech may be restricted or regulated, such as in cases of obscenity, defamation, or incitement to violence.With regards to the specific question of whether legal protections should extend to offensive speech near funerals and houses of…...

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ReferencesLevinson, R. B. (2013). Targeted Hate Speech and the First Amendment: How the Supreme Court Should Have Decided Snyder. Suffolk UL Rev., 46, 45.Lynd, S. (1975). Brandenburg v. Ohio: A Speech Test for All Seasons?. The University of Chicago Law Review, 43(1), 151-191.Smith, C. R. (2012). Snyder v. Phelps: The Problem of Context. Free Speech Yearbook, 46(1), 3-9.Stone, G. R. (1994). Hate speech and the Us Constitution. East European Constitutional Review, 3, 78.

Global Communication
Hate Groups, Hate Crimes, and acism in the U.S. today

The problem of hate groups that perpetuate the hate crimes has been a challenge in the U.S. not only in the present times, but has existed from the times of the WWI with groups like the Ku Klux Klan emerged (FBI, 2014). Since the 1980s, there have been several hate groups that have emerged which have perpetuated heinous have crimes that mostly border on the race specific targets, as is the case with skinheads and the likes. As the world changes and the technology takes over the communication and information platforms, the hate crimes have been escalated to the internet with groups having inclination towards racism using the social media and internet to carry on their hate speeches and even organize hate crimes. The ever changing nature of such groups and the adverse effects that such groups forms the basis…...

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References

FBI, (2014). Hate Crimes Add an Element of Bias to Traditional Crimes -- and the Mixture is Toxic to Our Communities. Retrieved February 16, 2015 from  http://www.fbi.gov/about-us/investigate/civilrights/hate_crimes

The Issue of Free Speech and the Relationship between Liberty and SecurityIntroductionIn democratic societies, the balance between individual liberty and public security is critical in order to protect citizens and secure their rights. As our world becomes increasingly interconnected, it is essential for countries to have a system in place where citizens can freely express themselves and have access to legal freedoms, while at the same time ensuring that appropriate measures are taken to secure public peace in accordance with the rule of law. This delicate relationship relies on clear communication and collaboration between all stakeholders involved, as well as a shared set of values and common goals. ithout both security and liberty, individuals are unable to enjoy civil liberties or access justice. Ultimately, maintaining this equilibrium is essential for protecting human rights and developing cohesive societies based on mutual understanding. The issue of free speech is currently a controversial…...

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Works CitedConklin, Michael. \\\\\\\\\\\\\\\"The Overlooked Benefits of\\\\\\\\\\\\\\\" Hate Speech\\\\\\\\\\\\\\\": Not Just the Lesser of Two Evils.\\\\\\\\\\\\\\\" S. Tex. L. Rev. 60 (2019): 687.Han, David S. \\\\\\\\\\\\\\\"Brandenburg and Terrorism in the Digital Age.\\\\\\\\\\\\\\\" Brook. L. Rev. 85 (2019): 85.Riley, Charlotte Lydia, ed. The free speech wars: How did we get here and why does it matter?. Manchester University Press, 2020.Sunstein, Cass R. Liars: Falsehoods and free speech in an age of deception. Oxford University Press, 2021.York, Jillian C. Silicon values: The future of free speech under surveillance capitalism. Verso Books, 2022.

Discovery
Because of its cosmopolitan sensibilities, many of us forget that New York City also harbors hate groups. Yet according to the Southern Poverty Law Center's "hate map," 44 groups from the KKK to jihadist groups operate in the city. Some of these groups are overtly hate-filled, like the KKK, but others operate more covertly, like Castle Hill Publishers, whose leader has been an avowed holocaust denier. Because some of these groups were previously unknown to me, I decided to focus on one that might have gone unrecognized for what it is: the Alamo Christian Foundation. Typically a Christian organization should not be a hate group but the Southern Poverty Law Center shows how and why the Alamo Christian Foundation preaches "general hate."

Description

The Alamo Christian Foundation (Tony Alamo Christian Ministries) appears to have a platform that includes conspiracy theories of all types, related to UFOs and government infiltration by "Evil International…...

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References

Alamo Christian Foundation website:  http://www.alamoministries.com/content/english/ 

Southern Poverty Law Center. Hate Map:  https://www.splcenter.org/hate-map

campus speech codes violate student rights?
The freedom of expression is not for students alone. It is for all citizens and for students the rights and liberties that are available for all citizens apply in the same manner. In that context if the citizen has a right of speech and expression, it also implies that the citizen student also enjoys this right. Where the general laws abrogate the freedom of speech, making some kinds of speech and expression culpable, it is also applicable to the student. The question is if the academic institution passes rules that prohibit speeches and other form of expressions defined as 'hate speech', it has to be assumed that the 'hate speech' as defined inside the campus differs from the general legislation, or there is no general legislation that covers the 'hate speech 'and therefore being introduced in the campus make it unique to the student…...

Freedom of Speech
The Brandenburg Case

The central holding in the Brandenburg case is the debate about whether suppressing hate speech or speeches that have the potential to incite violence is, in fact, violates the guarantee to freedom of speech as given by the First Amendment of the U.S. constitution. In the case of Brandenburg, while the state of Ohio declared him to have incited potential violence through his speech that he made on TV and sentenced him to 1-10-year prison and a fine, the Supreme Court of the U.S. overturned the verdict and found Brandenburg not guilty and opined that the Ohio state had violated Brandenburg's right to free speech. The supreme court noted: "Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is…...

ight to Expression: The Fine Line of the First Amendment
Following the terrorist attacks of September 11, 2001 and the enactment of the Uniting and Strengthening America by Providing Appropriate Tools equired to Intercept and Obstruct Terrorism Act of 2001 (the PATIOT ACT), there has been a growing debate concerning the proper role of the government in protecting Americans while balancing their right to free expression. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the line between an individual's right to expression and the role of the government to protect its citizens from harm, including some salient examples of this conflict in the nation's past. An analysis concerning whether Americans have come any closer to reconciling these issues is followed by a summary of the research and important findings in the conclusion.

eview and Discussion

On the one hand, the First Amendment to the U.S.…...

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References

Berg, C. (2013, September). Free speech lost in translation. Review - Institute of Public Affairs, 67(3), 18-23.

Munger, M. 92015, Spring). No place to hide: Edward Snowden, the NSA, and the U.S. surveillance state. Independent Review, 19(4), 605-609.

Schenck v. United States, 249 U.S. 47, 51-52, 1919.

Youm, K.H. (2004, Summer). The four freedoms of the First Amendment. Journalism and Mass Communication Quarterly, 81(2), 446-450.

Colin Kaepernicks political activism and his symbolic taking the knee have sparked a fierce debate over the power, potential, and possible limitations on freedom of speech. According to an article in The Washington Post, survey after survey has shown that too many students at all levels including in college dont understand free speech and dont know that it is guaranteed by the First Amendment, (Strauss, 2017, p. 1). The reason why I am writing about freedom of speech in relation to the reaction to Kaepernick is that the First Amendment encompasses the fundamental rights and freedoms fundamental to democracy. The goal of the paper is to explain the facts of the case through the lens of both ethics and constitutional law. Ultimately, I want to demonstrate to the audience why a democracy cannot function without freedom of speech. I also want to show why protesting something symbolic like…...

Hate Radio," Patricia J. illiams comments on the growing trend of "anything goes" talk radio, led by radio personalities who seem determined to anger as many people as possible, and who cater to an audience of people empowered to say almost anything, no matter how prejudiced or ill-informed about other groups of people.
She describes how she first became aware of this type of media broadcast. In 1991 she accidentally heard two radio personalities commenting about George . Bush's nomination of Clarence Thomas to the Supreme Court. Their view seemed to be that Bush deliberately nominated a poorly qualified Black American candidate knowing he wouldn't be confirmed. He could then place someone there "with intelligence," presumably a non-black. They made up a new pejorative label: "Blafricans," which eliminates the reference to the American entirely.

At first she thought this exchange was unusual, and she wrote the conversation down. As an isolated…...

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Works Cited

Campbell, Laurel, and Gottbrath, Paul. "Talk Radio: A Forum or a Sewer?" Cincinnati Post. February 16, 2001.  http://cincinnati.com/freetime/021601_talkradio.html,accessed2/20/02 .

Levendosky, Charles. "Media Wins Over Privacy in Narrowly Cast Decision." Casper Star-Tribune First Amendment Cyber-Tribune Fact page. May 27, 2001. http://w3.trib.com/FACT/1st.lev.okpubillegaltape.html,accessed2/20/02.

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2. Is the death penalty an effective deterrent for violent crime?
3. Should college athletes be paid for their performance?
4. Are stricter gun control laws necessary to reduce gun violence?
5. Should the government provide free healthcare for all citizens?
6. Is climate change a result of human activity?
7. Should the minimum wage be increased to a livable wage?
8. Is affirmative action still necessary in today's society?
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