Hate speech is talk that attacks an individual or a specific group based on a protected attribute such as the target’s sexual orientation, gender, religion, disability, color, or country of origin. Some countries consider hate speech to be a crime, because it encourages discrimination, intimidation, and violence toward the group or individual being targeted.
Hate speech has been a topic of debate for those who argue that any attempt to curtail someone’s expression of ideas amounts to an infringement on his or her constitutionally protected freedom of speech. Others counter that hate speech does nothing but fuel the flames of violence and brutality. To explore this concept, consider the following hate speech definition.
Noun
Hate speech is spoken words that are offensive, insulting, and/or threatening to an individual or group based on a particular attribute of that person or persons being targeted. Targeted attributes include such traits as ethnic background, sexual orientation, race, or disability, though there are other target attributes. In the U.S., another term for hate speech is “fighting words,” as such talk is likely to provoke an otherwise reasonable person into acting rashly against speaker doing the provoking.
Unfortunately, defending freedom of speech means defending any and all speech equally, even that which may be regarded as unbearably offensive. Examples of hate speech include name-calling and racial slurs, though occasionally symbols like the swastika and burning crosses are called into question as to whether or not they are truly examples of hate speech, or if they are nothing more than symbols that are given a negative connotation from the situation in which they are used.
Modern times have seen Americans staunchly protective of their First Amendment right to free speech, believing that the government should only intervene in extreme cases, and just as many people wondering where free speech stops and hate speech begins. On the other hand, “fighting words” are, according to many, a good reason for the government to get involved and place a limit on how far someone can go with their speech.
In the debate over hate speech vs. free speech, many Americans express a concern that the number-one priority should be the well-being of the community, and that a person’s right to freedom of speech can and should be limited, if it poses a threat to that community’s well-being.
With the advent of social media, the issue of offensive and threatening speech has become a global problem. Just as the U.S. is struggling to determine where free speech goes too far, hate speech laws in other countries are evolving. Examples of hate speech laws in other countries include:
There are several hate speech examples in legal cases over the years that have dealt squarely with the issue of whether or not the accused’s right to freedom of speech had been violated. A few of these landmark cases are outlined below.
In October of 1989, a group of young black men were hanging out in front of their apartment complex, discussing the movie Mississippi Burning, in which a number of black people are beaten. As a young white boy walked past the complex, and Todd Mitchell, one of the group, called out “Do you all feel hyped up to move on some white people?” then said, “There goes a white boy; go get him!” and led his friends in an attack on the boy. The black men stole the boy’s tennis shoes, and beat him so badly that he was in a coma for four days.
Mitchell was convicted on charges of aggravated battery in the Circuit Court, but because the jury ruled he had chosen the victim based solely on race, the crime was elevated to the level of a hate crime. In this case, Mitchell’s words were intended to incite violence against a person, based on a trait or attribute – his race. Although Mitchell appealed his conviction, claiming the conviction violated his right to free speech.
The question of constitutionality in this case made its way to the U.S. Supreme Court in 1993, which held that the First Amendment does not bar the use of a person’s speech as evidence to establish elements of a crime. In fact, such evidence is commonly used to prove a defendant’s intent or motive, as well as to determine relevancy of certain evidence, or reliability of a witness’ testimony. The crime in Mitchell’s case was aggravated battery, not the words that he spoke, which provoked his companions to engage in the crime. Therefore, Mitchell’s free speech rights were never impeded.
The case referred to as the “Skokie affair” dealt with the swastika symbol in particular and determined that the symbol itself is protected by the First Amendment, that it is an expression of free speech and that, as a symbol, it does not, by itself, embody the idea of “fighting words,” or hate speech. The case came about in 1977 when Frank Collin, the leader of the National Socialist Party of America, announced that the party was planning a march through Skokie, Illinois – a predominantly Jewish community where as many as one in six citizens living in the town was either a Holocaust survivor, or immediately related to one.
The Circuit Court of Cook County, Illinois issued an injunction upon the group, prohibiting them from wearing Nazi uniforms, and from openly displaying swastikas during their march. The ACLU challenged the injunction, arguing that it violated the marchers’ First Amendment rights. In the end, the Supreme Court agreed, and the group was permitted to march.
Westboro Baptist Church earned itself a reputation for pushing the boundaries of what constitutes free speech. In a typical example of the group’s use of hate speech, The Westboro Baptist Church picketed the 2011 military funeral of a soldier who was killed in Iraq. The father of the soldier sued Fred Phelps and his church for intentional infliction of emotional distress after the group protested his son’s funeral with signs that carried such messages as “Thank God for Dead Soldiers” and “God Hates the USA/Thank God for 9/11.”
Ultimately, Phelps and his church prevailed, as the Supreme Court ruled that the church was expressing their discontent with “matters of public concern,” rather than outright targeting the soldier and his family directly. So while the church’s messages may be considered hate speech by the majority, the Court noted that it had to take into account all of the details of the situation in order to issue a proper ruling, which included what was said, where it was said, and how it was said. Considering all of these elements together changes the landscape of the issue at hand.