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MacKinnon's piece shows that free speech is not as free as many people in the country would like to believe, and that the people still have many inroads to reach real gender equality.
MacKinnon cites several examples of court rulings on free speech that actually seem to ensure hate crimes and speech can continue, even though they could incite further crimes of hatred that cause injury or death. This is disturbing for a number of reasons. It means that hate speech is considered free speech, and that hate speech, and the violence that often accompanies it, is condoned by the courts, which is not only dangerous but degrading. The ability to speak one's mind should not harm others, but it seems there is little distinction made in that regard, and that not only incites hatred and prejudice, it harbors danger for anyone who disagrees and chooses to answer with their own right to free speech. The same can be said for obscenity laws, which consider who might be hurt by the laws, but not the women...
Again, it indicates the gap between speech and equality, and how free speech laws can actually create more harm than good in some cases. Underlying pornography is the degradation of women, and only a very few states and legislatures are exploring that issue, as MacKinnon notes.
In conclusion, this enlightening but disturbing article looks at gender, speech, and law from a viewpoint that many have overlooked. It is an alarming look at the inequalities of equality and speech, and raises many questions in the mind of the reader. If freedom of expression and free speech is not examined for gender and race inequality, then it seems that the country will continue to suffer an inferiority complex that is exacerbated by laws that attempt to be equal for all, but really demote women and others to second-class citizen in the name of equality.
References
MacKinnon, Catherine. "Equality and Speech," in Only Words. 1993, pp. 71-110.
Hate Speech Constitutionality of hate-speech laws and legislation College campus hate-speech codes, Fighting words; hate symbols State interest in regulating hate-speech, Arguments for and against such laws and codes, First Amendment protection of unpopular or offensive speech, Sentence enhancement for bias motivated crimes, Supreme Court handling of hate speech and hate crime issues Constitutionality of hate-speech laws and legislation The Constitution of the United States was drafted in 1787, ratified in 1788, and put into operation in 1789. The 10
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" That harm is found when you look closely at the First Amendment's application and meaning, she continues. The person who argues that the First Amendment protection for pornography is justified, she suggests, is actually authorizing males and the establishment of laws to have power over sexuality, and as a result, to basically allow a woman's sexuality to be manipulated and abused. The abuses that MacKinnon talks about are "unspeakable abuses...the
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