Difference between revisions of "Hate speech"

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'''Hate speech''' is provocative speech used to denigrate a legally protected class or group of citizens defined by legislation.  These protected groups can include gender, race, ethnicity, religious affiliation, sexual orientation, disability, and sometimes age.  While language to protect other victim classes has been proposed, the Democratically controlled [[110th Congress]] has rejected protections against the military, pregnant and battered women, or the homeless. Under some legal codes, hate speech can be considered a [[hate crime]].
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'''Hate speech''' is provocative speech used to denigrate a legally protected class or group of citizens based on personal characteristics of that individual, and in some cases defined by various forms of legislation.  Characteristics which are the target of hate crimes can include race, ethnicity, religion, sexual orientation, nationality, gender identity, physical or mental disability, age, or any other identifying or differing attributes from that of the perpetrator of hate speech. Under some legal codes, hate speech can be considered a [[hate crime]].
  
 
Forms of hate speech include [[Homophobia]].
 
Forms of hate speech include [[Homophobia]].
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== Hate Speech in the United States. ==
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Currently, the federal government, and many states, are legally barred from expressly prohibiting hate speech. At the federal level, hate speech is protected under the First Amendment to the United States Constitution. This amendment explicitly grants all Americans the right, under federal law, to practice all types of speech and forms of expression, including specifically that which some may consider to be offensive or derogatory.<ref>Terminiello v. City of Chicago, 337 U.S. 1 (1949)</ref>
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Situations in which hate speech may be prosecuted as illegal, and thus where the first amendment is not applicable, include instances of obscenity, defamation, incitement to riot, or the use of "fighting words". Instances of incitement only can qualify as criminal however if there is a clear threat of violence being imminent.<ref>Chaplinsky v. State of New Hampshire, 315 U.S. 568 (1942)</ref>
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While language to protect other victim classes has been proposed, the Democratically controlled [[110th Congress]] has rejected protections against the military, pregnant and battered women, or the homeless.
  
 
== Use of Term to Censor Religious Speech ==
 
== Use of Term to Censor Religious Speech ==

Revision as of 15:56, May 9, 2011

Hate speech is provocative speech used to denigrate a legally protected class or group of citizens based on personal characteristics of that individual, and in some cases defined by various forms of legislation. Characteristics which are the target of hate crimes can include race, ethnicity, religion, sexual orientation, nationality, gender identity, physical or mental disability, age, or any other identifying or differing attributes from that of the perpetrator of hate speech. Under some legal codes, hate speech can be considered a hate crime.

Forms of hate speech include Homophobia.


Hate Speech in the United States.

Currently, the federal government, and many states, are legally barred from expressly prohibiting hate speech. At the federal level, hate speech is protected under the First Amendment to the United States Constitution. This amendment explicitly grants all Americans the right, under federal law, to practice all types of speech and forms of expression, including specifically that which some may consider to be offensive or derogatory.[1]

Situations in which hate speech may be prosecuted as illegal, and thus where the first amendment is not applicable, include instances of obscenity, defamation, incitement to riot, or the use of "fighting words". Instances of incitement only can qualify as criminal however if there is a clear threat of violence being imminent.[2]

While language to protect other victim classes has been proposed, the Democratically controlled 110th Congress has rejected protections against the military, pregnant and battered women, or the homeless.

Use of Term to Censor Religious Speech

Under a new Swedish law, any person who demonstrates disrespect (Swedish: “missaktning”) for people’s sexual orientation may be sentenced to up to four years in prison. Needless to say, although the Bible is clear about God’s love for fallen mankind and that “God so loved the world….” there are many passages in the Bible that warn about sodomy and its dangers to both individuals and society at large. Those passages – although expressing disrespect for the depraved act of sodomy - may erroneously be interpreted by some people to express disrespect for the people who engage in such activity. Or as the the Kalmar Court verdict against Pastor Green reads: “It is the opinion of this Court that Åke Green, through his statements, has deeply offended the homosexuals as a group and the purpose of his sermon was clearly aimed at showing disrespect for the homosexuals as a group.” [1]

Similar hate speech laws exist in Canada, in the form of a provision in the Canadian Human Rights Act. Luckily, attempts to use these provisions to silence religious freedom have been unsuccessful. Muslim attempts to accuse Maclean's magazine of hate speech for merely criticizing the religion were rejected.[3]

Hate speech, even when legally defined as such, is not a crime in the United States because speech is protected under the First Amendment. In some instances, however, hate speech may be entered as evidence that a separate crime, such as assault, should qualify as a hate crime.

See also

Notes

  1. ↑ Terminiello v. City of Chicago, 337 U.S. 1 (1949)
  2. ↑ Chaplinsky v. State of New Hampshire, 315 U.S. 568 (1942)
  3. ↑ http://ca.reuters.com/article/domesticNews/idCATRE49993920081010
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