Mock panel debate on First Amendment rights and Hate Speech as directed under the Budapest Convention.

1. PANEL DEBATE – GROUP ONE:
HATE SPEECH AND THE FIRST
AMENDMENT
Professor Patricia A. Vargas-Leon
IST 618-M801/Spring 2015

2. ➢ Point for Debate
To Be Discussed By The Panel
 Resolved, that Internet service providers should be
required to block all web sites classified as "hate
speech" under the Budapest Convention on
Cybercrime.

3. ➢ Panel Members
Joseph Lieberman
➢ Former United States Senator from Connecticut
➢ Former Connecticut State Attorney General
➢ Former Democratic Party Nominee for Vice President (Gore/Lieberman -
2000)
➢ Former Chairman of the U.S. Senate Committee on Homeland Security
and Government Affairs Committee (2001 – 2003, 2007 – 2013)
➢ Sponsored/Co-Authored the “Protecting Cyberspace as a National Asset
Act of 2010”
➢ Sponsored Amendment to Espionage Act to facilitate the prosecution of
both leaking and publishing of classified information

4. ➢ Panel Members
William “Bill” Maher, Jr.
➢ strong supporter of free speech, animal rights, same-sex marriage, and
legalization of cannabis, gambling, and prostitution
➢ hosted Politically Correct with Bill Maher 1993 – 1997 (Comedy Central)
and 1997 – 2002 (ABC)
➢ received the Los Angeles Press Club President's Award for championing
free speech, June 22, 2002
➢ frequently provides political commentator on various cable news networks,
including CNN, MSNBC, FOX News Channel, and HLN
➢ currently host political talk show Real Time with Bill Maher, which has aired
for 13 seasons since 2003
➢ received Hollywood Walk of Fame star, September 14, 2010

5. ➢ Panel Members
Eric Holder, U.S. Attorney General
 Attorney General under the Obama administration (2009-present); soon to
resign
 Previously Judge on the Supreme Court of the District of Columbia (1988-
1993), US Deputy Attorney General (1997-2001), and a US attorney
 Major concerns: civil rights - strong supporter of the Voting Rights Act of
196, supporter of gay marriage - will not uphold DOMA, concerned with
corruption
 Duty of the attorney general is to represent the legal interests of the nation
and provide legal counsel to the administration
 Hate crimes and hate speech have been a concern during the
administration
 Supporter of the Matthew Shepherd and James Byrd Jr. Hate Crimes
Prevention Act (2009)
 Hate speech is protected by first amendment as long as it isn’t going to
imminently cause violence

6. ➢ Panel Members
President, National Coalition Against Censorship (NCIC)
➢ Member of the Free Expression Network (FEN), an alliance of
organizations dedicated to protecting the First Amendment right of free
expression.
➢ Composed of over 50 national non-profits.
➢ Founded after 1973 Supreme Court decision in Miller v. California which
narrowed First Amendment protections for sexual expression and
opened the door to obscenity prosecutions.
➢ Mission is to promote freedom of thought, inquiry and expression and
oppose censorship in all its forms.
➢ Engaged in direct advocacy and education to support First Amendment
principles.
➢ Censorship of what we see and hear and read constitutes an
unacceptable dictatorship over our minds and a dangerous opening to
religious, political, artistic, and intellectual repression.

7. ➢ Panel Members
Internet Content Provider – Facebook
Mark Zuckerberg (CEO)
 Computer Programmer and Internet Entrepreneur
 1 of 5 co-founders of Facebook
 Became Chairman and CEO in April 2013
 # of Facebook monthly users worldwide is 1.39 Billion (more if you
include WhatsApp, Instagram, and Messenger)
 12 billion messages sent daily on Facebook

8. ➢Debate Questions
Question #1
Free speech, including hate speech, is protected under the first
amendment of the United States Constitution.
Does hate speech posted online have damaging effects?
How can it be policed, and by whom?

9. ➢Debate Questions
Question #2
This year, incidents at the University of Oklahoma and the University
of Maryland highlighted incidents of racism amongst college-age
individuals.
Do you believe popular online forums, such as Reddit, may have
contributed to the ideologies of these young men?

10. ➢Debate Questions
Question #3
Thoughts on government regulation - given the rate of change by
which technology changes, is it realistic to attempt to try to regulate
online speech where these types of changes normally take years to
approve and even longer to change/update?

11. ➢Debate Questions
Question #4
Facebook recently updated its community standards: "Facebook
removes hate speech…organizations and people dedicated to
promoting hatred against these protected groups are not allowed a
presence on Facebook." We have also seen social media platforms
accused of censorship this year.
Do you agree with Facebook's power of jurisdiction here, or is there a
better way to manage content?

12. ➢Debate Questions
Question #5
Some have claimed that many of these social media accounts are
followed more by the media than people looking to join the cause.
Do you think that the media or government does more harm than
good by trying to shut them down, perhaps inadvertently broadcasting
these accounts to a wider audience?

13. ➢Debate Questions
Question #6
Hate speech always seems to be focused upon terrorism, threats that
come from overseas/"Far Away" places.
What about domestic threats?
Should "in country" groups be treated differently versus overseas (IE -
US citizen vs non)?

14.  Debate Questions
Question #7
Under the Budapest Convention on Cybercrime, member countries are
required to implement laws that are aligned with the convention’s views.
In regards to the recent mandate for ISP blocking of hate speech, is there a
direct conflict with the U.S. Constitution?
What potential pitfalls await if the U.S. implements laws in accordance with
the Convention?

15. ➢ Group Members
This Debate Has Been A Team Effort Completed By The Following
Individuals:
➢ Loretta Deaver
➢ Christopher Fulton
➢ Eric Harris Jr.
➢ Amy Lafleur
➢ James Rosenkrantz
➢ Jennifer Vogel