Sunday, May 24, 2015

Criminalizing "hate speech"

Do you support criminalizing hate speech? A poll at YouGov found that 51% of Democrats and 37% of Republicans do. Roger Kimball writes at PJ Media,
But in fact, as the law professor and blogger Eugene Volokh and others have pointed out, there is no “hate speech” exception to the First Amendment. As Volokh wrote in the Washington Post, “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.”

But the law has never defined “hate speech” for the simple reason that it is a nebulous and ultimately subjective commodity, essentially coterminous with the phrase “speech I disapprove of.”
Read more here.

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