I.Resources
Http://print.infoplease.com/ipa/A0762156.html
Http://www.prisonpolicy.org
Http://www2.techcentralstation.com/1051/printer.jsp?CID=1051-082504A
Http://en.wikipedia.org/wiki/Hate_speech
Http://www.2facts.com/TempFiles/ib302690.htm
Http://www.doc.state.ok.us/DOC/OCJRC/OCJRC94/940650k.htm
Http://www.house.gov/Constitution/Amend.html
II. Topic
There has been tons of discussion about the definition of what hate speech is and whether or not it should fall under the protection of the first amendment. If it didn't, laws to regulate it would have to be created. This causes problems in many court cases due to a lack of a definition. Some people feel that hate speech leads acts of violence towards certain groups of people that fall into a different race, ethnicity, or religion. This causing more violence and crime in the United States. Others feel that speech is a way to express their thoughts and feelings to others.
III. Extended Definition
In the first amendment it states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Due to this amendment being written so long ago people feel that it is outdated and should be updated. Others feel that if it is re-written their rights will start to be revoked.
In some countries hate speech is an criminal offense and falls under the incitement to hatred legislation. In the United Kingdom, racial hatred is a criminal offense that is under the Public Order Act of 1986. Anyone convicted can face a sentence of up to seven years in prison. In 2003 a Pentecostalist preacher out of Sweden spoke of homosexuality as “abnormal, a horrible cancerous tumor in the body of society.” Ake Green was sentenced to a month in prison under a law which was passed in 2002 that made it a criminal offense to say anything rude about woman, non-whites, non-Christians, or any other ethical group. This legislation is not used in the United States due to the peoples right to free speech, which hate speech fall under.
IV. Process Analysis
In the United States hate speech falls under the first amendment and should be kept legal. Speech itself cannot make someone physically pick up a weapon and cause acts of violence upon another individual. It provides individuals an alternative view on different subjects. Some which are true, some which are of theory. What they decide to do with the information that was given in the speech is completely up to the individual that heard the speech. If they were offended by the speech they have the right to leave.
Groups such as the Ku Klux Klan practice the first amendment at every meeting they hold. While cross burning has been outlawed, they provide information to others of why blacks, Hispanics, and other races should be driven out of the country which is still protected by the first amendment. Most of their information given in the speeches at these meetings are based on true facts, such as ones related in the example and graphs below.
It is has been proved that there are approximately six times more blacks than whites in correctional facilities. The United States population is made up of 80.4% whites and 12.8% blacks (The remaining 6.8% is made up of other racial groups). Even though whites out number blacks at a scale of about six to one, more blacks are in prison. Other studies also show a greater number of blacks in prison than whites. This is a true fact that the Ku Klux Klan can use in a hate speech and still be protected by the first amendment.
V. Graphs
[Please see attached image]
These numbers are based per every 100,000 people of each race.
VI. Conclusion
The first amendment does not need to be updated or redefined due to hate speech. People with true facts should be allowed to make any type of speech they want. If someone gives misleading opinions to a group of people they should be arrested or fined for trying to pass their opinions as true facts.
If people still feel offended by the facts that are stated in the hate speech they should find a way to change or live with what they have done. If they wish to try to fix the problem they can possibly come to a conclusion with the person or group that is against them. Without a reasonable end to the problem it will only continue and grow.