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Is Hate speech protected by the first amendment?

☆ElenaDiamond☆ 2013/04/05 05:05:51
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  • In Love With Liberty 2013/04/05 05:21:05
    Yes. Hate speech is protected under the first amendment.
    In Love With Liberty
    +5
    It depends on your definition of hate speech.

    Inflammatory, bigoted, racists comments are indeed protected by the first amendment.

    threats or calls for violence are not.

    Which I truly agree on, because it's easy to say what should be allowed to be said, but once we start making lists of what you can not legally say, that list will never end, and there will eventually come a point where someone could be locked up for saying "I disagree with the president's policies"

    I believe in etiquette respect and courtesy, which are all traits of responsible and free citizens, if we restrict the speech of the disrespectful irresponsible people are then truly free?

    To me it's more important to use my free speech to create more responsible citizens than to restrict the free speech of the irresponsible ones.

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  • Sayer Stewart 2013/04/15 04:40:35
    Yes. Hate speech is protected under the first amendment.
    Sayer Stewart
    +1
    It doesn't say anywhere that it isn't, so it is.
  • iamthemob ~ the 444th Guru ~ 2013/04/14 19:35:31
    Yes. Hate speech is protected under the first amendment.
    iamthemob ~ the 444th Guru ~
    +1
    It has been repeatedly defended by the court.

    Thank God.
  • American☆Atheist 2013/04/13 01:41:45
    Yes. Hate speech is protected under the first amendment.
    American☆Atheist
    So you right-wingers can keep posting.
  • ☆ElenaD... America... 2013/04/13 02:26:16
    ☆ElenaDiamond☆
    You post more hate than I do. LOL good thing SCOTUS looks out for you.
  • masanf01 America... 2014/01/18 02:20:58
    masanf01
    +3
    Yeah, and left-wingers never say anything hateful, do they? You're an idiot.
  • PandoraBoxe 2013/04/07 04:20:52
    No. Hate speech is not free speech.
    PandoraBoxe
    Unfortunately, in some instances it is protected but should not be and there is more legislation being written for various hate crimes... that's a good thing ;-}
  • jubil8 BN-0 PON 2013/04/07 04:00:08
    Yes. Hate speech is protected under the first amendment.
    jubil8 BN-0 PON
    If it weren't, SH would be out of business.
  • meiste 2013/04/06 20:38:50
    Yes. Hate speech is protected under the first amendment.
    meiste
    My mom always said 'If you cannot say anything nice, don't say anything at all.' Needless to say us kids didn't much attention to that cause if we did it would VERY quiet at our house..
  • No One 2013/04/06 15:44:54 (edited)
    Yes. Hate speech is protected under the first amendment.
    No One
    +1
    That doesn't mean you should speek it though nore does it mean that anyone is required to listen to what you say. Also bullying and character defamation don't or at least shouldn't count as free speech. It's ok to talk about how much you hate a group of people to whoever's listening but it's not ok to say something meant to degrade a person straight to his/her face or spread lies about someone.
  • 81sp 2013/04/05 21:08:08
    Yes. Hate speech is protected under the first amendment.
    81sp
    yes until it promotes violence then it must be stopped.
  • Hamilton 2013/04/05 20:56:08
    Yes. Hate speech is protected under the first amendment.
    Hamilton
    There is no need to protect uncontroversial speech. The first amendment is there to protect speech that others do not like.
  • Guru Casper BN-ZERO 2013/04/05 20:45:21
    Yes. Hate speech is protected under the first amendment.
    Guru Casper BN-ZERO
    AS long as it doesn't incite violence,Stupid people have rights too ;)
  • Bibliophilic 2013/04/05 18:09:17
    No. Hate speech is not free speech.
    Bibliophilic
    +4
    Not all hate speech is free speech.

    If it contains implied threats and slander it is not protected.
  • B.O.Plenty 2013/04/05 17:21:02
    Yes. Hate speech is protected under the first amendment.
    B.O.Plenty
    +1
    It must be because you put out enough of it.
  • Bronar 2013/04/05 15:47:18
    Yes. Hate speech is protected under the first amendment.
    Bronar
    +1
    Most of it is. My opinion is it's better to have the bigots out of the closet.
  • Cn2012 2013/04/05 15:32:15
    Yes. Hate speech is protected under the first amendment.
    Cn2012
    What exactly is hate speech?. I can't stand that term. Speech is speech. The courts have ruled in the past on some limits, and certain groups are constantly trying to expand those limits. I hope they don't ever succeed.
  • trip1772 2013/04/05 14:27:39
    Yes. Hate speech is protected under the first amendment.
    trip1772
    +2
    Hate speech is just an expression of how you feel toward some one or something.
  • Kookieless The Sexy Nihilis... 2013/04/05 14:22:38
  • mmanultra 2013/04/05 14:11:23
    Yes. Hate speech is protected under the first amendment.
    mmanultra
    +1
    If it wasn't, Love wouldn't be protected either. Two sides, same coin. Peace.
  • Jackie G - Poker Playing Pa... 2013/04/05 14:05:41
    Yes. Hate speech is protected under the first amendment.
    Jackie G - Poker Playing Patriot
    +3
    There is no such thing as hate speech; that is a politically driven phrase and nothing more. We have the right to free speech no matter how ugly or stupid it is. There is some speech that is not protected and, of course, the great example is shouting 'fire' in a crowded theatre. Others things would be telling people to kill etc.

    One part that most people forget is that the speech is free but that it may have consequences -- such as telling your boss off (free speech) and he fires you (consequences ) but you can go on to tell every one who will listen what a creep he is (free speech once again) The Constitution guarantees you the right of free speech but does not say that it is consequence free.
  • MissLeviathan 2013/04/05 13:57:34
    Yes. Hate speech is protected under the first amendment.
    MissLeviathan
    Apparently, unless you are making threats.
  • lost 2013/04/05 13:42:02
    Yes. Hate speech is protected under the first amendment.
    lost
    hence freedom of speech.....but incite a riot and see what the first amendment protects......lol
  • MidnightCowboy 2013/04/05 13:19:26
    Yes. Hate speech is protected under the first amendment.
    MidnightCowboy
    +2
    I may be wrong, but I think it is protected as long as it does not incite to riot.
  • tweet 2013/04/05 13:10:07
    Yes. Hate speech is protected under the first amendment.
    tweet
    +1
    I would think all speech is
  • topcat128 2013/04/05 12:57:29
    Yes. Hate speech is protected under the first amendment.
    topcat128
    First of all, there is no such thing as "Hate Speech". This term is used by the Left-wing Media to describe things they don't like. Free Speech is free for everyone, even if I don't like what they say.
  • Anonymouse ~superdoge~ 2013/04/05 12:50:32
    Yes. Hate speech is protected under the first amendment.
    Anonymouse ~superdoge~
    +1
    All speech is.
  • lucky 2013/04/05 12:18:57
    No. Hate speech is not free speech.
    lucky
    +2
    No and Yes it really depends on the speech itself

    Virginia v. Black (2003)

    "[A] State may choose to prohibit only those forms of intimidation," Justice O'Connor wrote, "that are most likely to inspire fear of bodily harm.
  • Stacie 2013/04/05 11:41:31
    Yes. Hate speech is protected under the first amendment.
    Stacie
    It is actually a very fine line as to what is and what is not protected. I have listed the legal guide lines below -

    Obscenity and Indecency:

    Obscenity is not protected by the First Amendment and can be regulated by the government. The test for whether something is “obscene” is:

    whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient, shameful or morbid interest; AND
    whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; AND
    whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
    Nudity in both art and pornography enjoy some constitutional protection, although art receives greater protection. The First Amendment does not, however, protect any nudity that satisfies the above test for obscenity.
    Even if a work is not considered obscene for adults, it might be deemed too sexually explicit for the eyes of minors. So-called “harmful to minors” standards are applied to shield children from material such as commercial pornography.
    Obscenity should be distinguished from expression that might be offensive to some people, but does not rise to the level of “obscene” under the abov...























    It is actually a very fine line as to what is and what is not protected. I have listed the legal guide lines below -

    Obscenity and Indecency:

    Obscenity is not protected by the First Amendment and can be regulated by the government. The test for whether something is “obscene” is:

    whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient, shameful or morbid interest; AND
    whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; AND
    whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
    Nudity in both art and pornography enjoy some constitutional protection, although art receives greater protection. The First Amendment does not, however, protect any nudity that satisfies the above test for obscenity.
    Even if a work is not considered obscene for adults, it might be deemed too sexually explicit for the eyes of minors. So-called “harmful to minors” standards are applied to shield children from material such as commercial pornography.
    Obscenity should be distinguished from expression that might be offensive to some people, but does not rise to the level of “obscene” under the above test. Here are some examples:

    To protest the Vietnam War draft, a man wrote “F*ck the draft” on his jacket. He was arrested and his arrest was overturned by the Supreme Court on the grounds that his jacket was a form of speech protected by the First Amendment. Although the speech may be offensive, as the Court pointed out, “one man’s vulgarity is another man’s lyric.” Cohen v. California, 403 U.S. 15 (1971).
    An ordinance that made it illegal to promote and incite racial or religious hatred was found unconstitutional. A city wanted to use the ordinance to prevent a Nazi march in a heavily Jewish city. However, the Supreme Court held that any shock that may result from the march came from the ideas themselves and the First Amendment prevented the government from censoring ideas, however reprehensible. Nationalist Socialist Part of America v. Village of Skokie, 432 U.S. 43 (1977).
    Government Restrictions on Speech:

    Even “pure speech” may be curtailed under specific circumstances. Despite the unqualified language of the First Amendment, there are circumstances when the act of speaking or otherwise expressing one’s self may be subject to government restraint. Only under the most limited circumstances, however, may such restrictions be related to the content of the speech. Ordinarily, such restrictions will only be permissible if they are content-neutral.

    Time, Place and Manner of Speech:
    The government has some discretion in regulating the time, place or manner of speech of any kind, even if it is otherwise protected. Such regulations govern when, where, or how expression may occur. To be permissible, the regulation must:
    (1) be content-neutral
    (2) be narrowly tailored to serve a significant government interest; and
    (3) leave open alternative channels of communication.

    If the government has a genuine and substantial interest in regulating the conduct at issue, and does so in a way that infringes speech rights no more than necessary, the action will normally be sustained. If, however, the real purpose is to suppress speech because of its content or message, or if the state’s objectives are not that important or the means it has chosen to achieve them are not well-tailored, the free speech claim will normally prevail.

    For example:

    A city may deny a permit for a rock concert based on problems with noise and crowd control at previous concerts. The city may not deny a permit to the rock band because it disagrees with the message of its songs.
    A city may pass an ordinance banning the posting of signs on public property.
    Additional Unprotected Categories:
    (1) Defamation (see section on Defamation)
    (2) Incitement of illegal activity
    (3) Commercial speech – false and deceptive advertising is not protected by the First Amendment
    (4) Speech by government employees
    (more)
  • Broddy 2013/04/05 11:20:30
    No. Hate speech is not free speech.
    Broddy
    No hate speech itself is not protected by the first Amendment in so far as anything intended to provoke violence or fear and panic in others is not protected(example yelling fire in a crowded theater or Bomb) but used inside guidelines it is as protected as any other form of speech.

    "from its inception in 1969 and the formulation is still good law in the US. Only speech that poses an imminent danger of unlawful action, where the speaker has the intention to incite such action and there is the likelihood that this will be the consequence of his or her speech, may be restricted and punished by that law."

    Under Title VII of the Civil Rights Act of 1964, employers may sometimes be prosecuted for tolerating "hate speech" by their employees, if that speech contributes to a broader pattern of harassment resulting in a "hostile or offensive working environment" for other employees.
  • Shifting Piece 2013/04/05 11:08:15
    Yes. Hate speech is protected under the first amendment.
    Shifting Piece
    Yes, but slander and threats are not.
  • Radlad 2013/04/05 10:38:26
    Yes. Hate speech is protected under the first amendment.
    Radlad
    If one person says something you do not agree with and you call it hate speech. The person saying something may not be hateful in the least but is someone takes it the wrong way misinterprets it and takes it as hate speech
  • Boxcar Racer 2013/04/05 10:33:39
    Yes. Hate speech is protected under the first amendment.
    Boxcar Racer
    While some may not think it should be it is.
  • mitchell.genevieve@gmail.com 2013/04/05 09:33:55
    Yes. Hate speech is protected under the first amendment.
    mitchell.genevieve@gmail.com
    +1
    I have read In Love with Liberty's answer and cannot top that. I agree with what is said in that opinion. In psychology it is said that people need to vent their anger or ignorance. Venting anger in words or keeping a hate diary might prevent some people from acting on their hateful intentions.
  • Cap 2013/04/05 09:27:39 (edited)
    Yes. Hate speech is protected under the first amendment.
    Cap
    +1
    Generally "yes". At some point hate speech can become incitement to riot, be defamatory, or exhibit other characteristics that are not protected by the concept of free speech. Punishing speech purely because it is hateful is incompatible with the 1st Amendment, however.
  • Sean 2013/04/05 07:49:06
    Yes. Hate speech is protected under the first amendment.
    Sean
    +1
    I'd endlessly defend a bigot's right to say whatever he wanted in the name of free speech; though I'd also exercise my own rights to counter his claims.
  • moknowsky 2013/04/05 07:33:51
    Yes. Hate speech is protected under the first amendment.
    moknowsky
    +2
    Who decides what is "hate speech"? It sounds like thoughtcrime from 1984..
  • Anonymo... moknowsky 2013/04/05 12:52:23
    Anonymouse ~superdoge~
    +1
    Double plus correct...
  • Wolf 2013/04/05 07:23:08
    Yes. Hate speech is protected under the first amendment.
    Wolf
    All speech is protected ---that is "Free Speech" ---
  • crewzer1 2013/04/05 06:57:29
    Yes. Hate speech is protected under the first amendment.
    crewzer1
    Our voice is a Constitutional right. Intelligence can be found in what the voice transpires to the ones who hear.
  • Holly 2013/04/05 06:48:39
    Yes. Hate speech is protected under the first amendment.
    Holly
    +3
    Yes. However, your liberty to swing your first ends just where my nose begins.
    liberty swing ends nose begins

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