Hate speech
Hate speech is provocative speech used to denigrate a person or group based on personal characteristics, 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.
Some typical forms of hate speech can include (but are not limited to): Racism, Sexism, Homophobia, Ageism, religious discrimination, and "bigotry" in a broader sense.
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: âmissaktningâ) for peopleâs sexual orientation may be sentenced to up to four years in prison. Needless to say, although the Bible is clear about Godâs love for fallen mankind and that âGod so loved the worldâ¦.â there are many passages in the Bible that warn about sodomy and its dangers to both individuals and society at large. Those passages â 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: âIt is the opinion of this Court that à ke 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.â [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
- â Terminiello v. City of Chicago, 337 U.S. 1 (1949)
- â Chaplinsky v. State of New Hampshire, 315 U.S. 568 (1942)
- â http://ca.reuters.com/article/domesticNews/idCATRE49993920081010