Hate Speech Many People Decry

Hate Speech

Many people decry the presence or occurrence of hate speech within our society. Sometimes, I wonder if these same people understand what hate speech is, and why it may be important to the preservation of our democracy. Should hate speech be allowed, in the vein that people need freedom of speech. If so, where should they be allowed to practice their speech?

For the purpose of our discussion, we will define hate speech as speech which contain offensive personal insults or express ideas about an individual or group of individuals solely based upon the individual's race, or his religion, his ethnic origin, gender or even sexual orientation. Hate speech goes beyond simply stating one's opinion. It is expressed usually with the intent to invoke violent behavior or hatred or even discrimination. The presence of hate speech is even more rampant with the advent of the internet, where one can visit many sites which are devoted to promotion of just such ideals and attempt to rally others to work against the individuals to whom the hate speech is directed. You may hate to listen to Howard Stern on the radio. You may believe that what he says is crude, rude, and vile. But essentially Howard Stern's speech is not meant to incite you to act violently (although some may feel that way about him!). So the element which discerns stupid speech from hate speech is the intent behind the speech.

Some people believe that hate speech in all forms should be outlawed. This is because people always equate hate speech with a hate crime. This is not always the case. No matter what one's feeling about what he or she says, hate speech is protected under the First Amendment, and which gives the freedom to say pretty much anything we like. The difference comes when the person, whether or not incited by hate speech, does more than just talk, but takes the hatred a bit further and commits a criminal act, such as an attack upon a person or a place simply because it is associated with some group the attacker does not tolerate. So hate speech and hate crime are not equivalent and as such hate speech is protected by the constitution.

Can we ban hate speech from our campuses? This is a touchy subject and one which has even gone to the Supreme Court. Late in the 20th Century many schools sought to limit hate speech on the campuses. It was felt that this would prevent a rise in harassment. Speech codes on campuses which have gone to court have not held up well against the First Amendment. In most cases, policies are considered to vague to be enforced. Opponents of the codes described them as elements of censorship in colleges and universities. The court arguments continue to this day.