Should hate speech be a criminal offense?

[Atreus21]

https://today.yougov.com/news/2015/05/20/hate-speech/

YouGov's latest research shows that many Americans support making it a criminal offense to make public statements which would stir up hatred against particular groups of people. Americans narrowly support (41%) rather than oppose (37%) criminalizing hate speech, but this conceals a partisan divide. Most Democrats (51%) support criminalizing hate speech, with only 26% opposed. Independents (41% to 35%) and Republicans (47% to 37%) tend to oppose making it illegal to stir up hatred against particular groups.

I'm tepidly in favor of hate crime laws. The motivation for a crime should be relevant to the sentencing (otherwise we can only call terrorists murderers). However, that motivation by itself should not be a crime.

Meanwhile, the UK's Katie Hopkins is under police investigation for "incitement to hatred" for calling African migrants "cockroaches".

 

[glenn1]

Of course not, we have a 1st Amendment for a reason. The current limits on speech (no "fighting words," speech which incites violence, etc.) are fine.

 

[Brainonska511]

Absolutely not. Today's okay speech could be tomorrow's hate speech. As glenn1 said, the current limits are acceptable - no inciting violence, etc...

Of course, people that want to spout hateful speech also need to realize that the 1st amendment only protects them in the case of government suppression of speech. It does not free them from receiving public scorn when they say hateful things.

 

[waggy]

oh hell no.

it will just evolve into a form of censorship.

 

[Atreus21]

oh hell no.

it will just evolve into a form of censorship.

Evolve? In plenty of the developed world, it's already to that point.

 

[Jaskalas]

Of course not, we have a 1st Amendment for a reason. The current limits on speech (no "fighting words," speech which incites violence, etc.) are fine.

So hate speech is already illegal, is it not?
"incites violence, etc..."

 

[maddogchen]

Many rap songs would fall into hate speech

 

[waggy]

Evolve? In plenty of the developed world, it's already to that point.

very true.

I would hate to see the US get like Europe.

 

[Atreus21]

very true.

I would hate to see the US get like Europe.

I can't help but think it's coming. The polling above, if accurate, is ominous. I cannot freaking believe that 37% of republicans support the idea.

I sure hope we have a defense ready.

 

[spacejamz]

Who makes the determination of what would be considered hate speech? Some cases will be obvious but there will be instances where some would consider something to be a hate speech while others would not.

 

[Londo_Jowo]

Farting in someone's general direction could be considered hate speech.

 

[soulcougher73]

Hell no. Don't like what someone is saying, move along.

 

[Jaskalas]

I can't help but think it's coming. The polling above, if accurate, is ominous. I cannot freaking believe that 37% of republicans support the idea.

I sure hope we have a defense ready.

Remember the former Republican President? He wasn't exactly big on small gov. Neocons will side with Democrats on a great many things. Given the last string of nominees you better believe they're a large, even dominant, voting bloc within the GOP.

If people more strongly favored free speech, they'd nominate / elect more Libertarians.

 

[glenn1]

So hate speech is already illegal, is it not?
"incites violence, etc..."

Example of hate speech is in the OP where some dude called Africans "cockroaches." Example of inciting violence would be "now let's go exterminate the cockroaches." Clearly you can understand the difference between speech that only informs others you're a bigot/racist/whatever, and speech which has the effect of encouraging others to harm the people you're a racist against.

 

[Jaskalas]

Who makes the determination of what would be considered hate speech? Some cases will be obvious but there will be instances where some would consider something to be a hate speech while others would not.

Example of hate speech is in the OP where some dude called Africans "cockroaches." Example of inciting violence would be "now let's go exterminate the cockroaches." Clearly you can understand the difference between speech that only informs others you're a bigot/racist/whatever, and speech which has the effect of encouraging others to harm the people you're a racist against.

I imagine dehumanizing people can incite violence. I expect all a Judge has to do is look at it that way and hate speech is already illegal.

 

[Retro Rob]

Certain hate speech can indeed lead to and incite violence, so there isn't necessarily a dichotomy between "hate speech" and speech that "incites violence".

I think some hate speech could be deemed illegal.

 

[glenn1]

Certain hate speech can indeed lead to and incite violence, so there isn't necessarily a dichotomy between "hate speech" and speech that "incites violence".

I think some hate speech could be deemed illegal.

There's already a test for whether it's speech that incites violence, and whether the speech has the intent and likelihood of causing violence are key elements. Hate speech and incitement are two different things; you can can have hate speech which doesn't incite violence and incitement that doesn't involve hate speech (e.g. calling for a forcible communist overthrow of the government). Ultimately a court would decide whether any given speech was an incitement and whether it was hate speech has nothing to do with that determination.

https://www.law.cornell.edu/supremecourt/text/395/444

 

[dank69]

I'm not a big fan of hate speech or "fighting words" laws. I think people that use them are idiots, but I'm not so sure we need laws against them. Yelling fire in a crowded theater type shit though, I can understand those laws.

 

[FerrelGeek]

Who makes the determination of what would be considered hate speech? Some cases will be obvious but there will be instances where some would consider something to be a hate speech while others would not.

Presently, libs determine what is hate speech. What do you think political correctness does? Pretty much anything a mainline lib doesn't like a non lib saying is branded as hate speech.

Example of hate speech is in the OP where some dude called Africans "cockroaches." Example of inciting violence would be "now let's go exterminate the cockroaches." Clearly you can understand the difference between speech that only informs others you're a bigot/racist/whatever, and speech which has the effect of encouraging others to harm the people you're a racist against.

What about this?
http://www.theblaze.com/stories/201...-faots-lesbians-then-dig-em-up-kill-em-again/
Sounds pretty hateful to me. But I don't see many mainline libs telling this guy he's spewing hate speech.

What about the speech that spurred on the riots in Ferguson and Baltimore?

 

[michal1980]

look at all those freedom loving liberals looking to restrict speech they disagree with.

 

[dank69]

look at all those freedom loving liberals looking to restrict speech they disagree with.

Yes, this is one of the few issues where I don't agree with Democrats/liberals.

 

[glenn1]

I'm not a big fan of hate speech or "fighting words" laws. I think people that use them are idiots, but I'm not so sure we need laws against them. Yelling fire in a crowded theater type shit though, I can understand those laws.

My biggest problem with the laws is that they get dumbed down so they're no longer calibrated to what might incite a reasonable person, not some looney toons religious extremist. Just because you're a zealot who wants to behead people who draw Mohammed doesn't make it either hate speech or incitement but rather just makes you a fucking psychopath.

 

[glenn1]

Presently, libs determine what is hate speech. What do you think political correctness does? Pretty much anything a mainline lib doesn't like a non lib saying is branded as hate speech.

What about this?
http://www.theblaze.com/stories/201...-faots-lesbians-then-dig-em-up-kill-em-again/
Sounds pretty hateful to me. But I don't see many mainline libs telling this guy he's spewing hate speech.

What about the speech that spurred on the riots in Ferguson and Baltimore?

It is hate speech. You don't see many progressives denouncing it because they're cowards who are afraid of being that person who gets killed then dug up and killed again. Half their arguments about why 'inequality is bad' is an imagined prole riot which is going to put a noose around their yuppie necks.

 

[thraashman]

"Should hate speech be a criminal offense?"

No, I don't believe it should be illegal for conservatives to talk in public.

 

[Fanatical Meat]

Need more info, I assume we're talking about the US.
No
Assuming its only purpose is to incite panic or violence then yes. Kind of like yelling fire! in a movie theater.