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Edited by LilBlkCloud:
7/31/2015 5:54:54 PM
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Freedom of speech is an inalienable right, but we're talking about hate speech and harassment. Do we have a right to spread hate speech and do we have the right to harass people?
Something is going to give eventually, just like with the Second Amendment. I've been keeping a close eye on instances of online bullying. It's getting real bad, and large entities are starting to put their heads together on how to solve the problem. They're no longer just shrugging it off.
More to this, people are actually being jailed for online bullying. Recently, a girl texted a classmate telling him to kill himself. When he did, she wound up in jail. How many times have you seen the words "kill yourself" on the Internet? I've seen them right here in these forums.
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He ended up jail but charges were eventually dropped. Our country was based on these principles. Calling someone a name, telling them to fellate you or anything similar has never and will never be a crime. Slander, bullying to the point it becomes more than just words are different.
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I'm not referring to telling someone to perform fellatio or calling someone names; I'm focused on the sexism here. Hate speech is, outside the law, speech that attacks a person or group on the basis of attributes such as gender, ethnic origin, religion, race, disability, or sexual orientation. There are several debates going on about how 'freedom of speech' takes hate speech into account, especially when it applies to the Internet. If it was as cut and dry as you say, and will never be a crime, I don't think there would be debates. The Internet is the wild west right now, but it's going to change. In 20 years you won't even recognize it.
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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. To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with “hate speech” in any conventionally used sense of the term. For instance, there is an exception for “fighting words” — face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. But this exception isn’t limited to racial or religious insults, nor does it cover all racially or religiously offensive statements.
