Analysis Of Hate Speech Essay on On the Issue of Hate Speech Free Speech vs. Hate Speech Essay Hate Speech Essay Free Speech vs Hate Speech Essay

1. Analysis Of Hate Speech
This paper is a comparative analysis of hate speech laws between Japan and the United States. I will
analyze hate rhetoric stemming from the years 1980–to present day. Today 's political climate has
generated a rebirth of hate speech in both countries. Hate speech is a concern for those who believe
in the right to free speech and expression. I will outline the historical background that expands on the
usage of technology that incites hateful rhetoric towards targeted groups residing within these
countries, and propose a change in policy–making.
Hate speech is defined as rhetoric which attacks an individual or group on the basis of characteristics
of race, religion, ethnic origin, sexual orientation, gender, or disability. A society can
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She was born to a Japanese mother and an African American father. When she won the title of Miss
Japan in 2015, she was met with a lot of criticism and hateful rhetoric such as "I wonder how can a
hafu represent, especially a kuronbo."
The rhetoric, content, and tone within hate speech in Japan has grown to incite violence toward
Zainichi Koreans. It is through protest and rallies that they spread slanderous content towards the
these individuals. Zaitokukai accuse the Zainichi Koreans of having special legal rights granted to
them through the process of their integration into the Japanese society. It claims that members of this
ethnic group use "pass names" that are Japanese–style and often very different from their original
Korean names to abuse welfare and administrative systems. Haley (1998) anticipate that the rhetoric
and content of hate speech would lead to violence among "Korean–Japanese" immigrants in the
future, but simultaneously brought up the notion of "context" from a linguistics and tonal perspective.
Japan became an associate of the United Nations International Convention on the Elimination of All
Forms of Racial Discrimination in 1995. The reason they joined this particular convention was that
the Japanese government wanted to find a way to combat discrimination in the workplace against
women and foreign immigrants. Article 4 of the convention sets forth provisions calling for
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2. Essay on On the Issue of Hate Speech
Almost all Americans today have heard of the First Amendment and its protection of free speech.
This protection allows a free exchange of ideas among the members of society. Without it,
Americans would not be able to voice their criticisms against anything without having a fear of
being arrested. However, in the past, the government has limited this fundamental right several
times. During World War I, Charles Schenck passed out fliers criticizing the national draft. He was
arrested, and the Supreme Court decided that his arrest was acceptable because his actions posed
'clear and present danger'. Other limits exist on libel and slander. Now, with these limits enacted in
the past, and with a growing multicultural society in America, a debate...show more content...
In the article of Jonathan Rauch, the writer of Kindly Inquisitors: The New Attacks on Free
Thought, questions are posed on such a line, such as, "Who determines trigger thresholds for
actionable speech, and on what basis?" (Rauch (Brookings), Jonathan. Washingtonpost.com) This
shows how drawing a fair and balanced line would be a futile task. Determining the threshold of
acceptable free speech would be entirely subjective, since a single person's opinion on what is
acceptable and what is hateful varies greatly among society. In another aspect of free speech, the
Supreme Court defended a man who was arrested for lying about receiving a Medal of Honor.
According to the justices, the Stolen Valor Act "was overly broad and posed a threat to First
Amendment rights" (Dao, James Washingtonpost.com). Legislators who thought the Stolen Valor
Act's definitions were acceptable passed the bill; however, the Supreme Court disagreed with the
law and supported the defendant. Drawing a line that would deal fairly on issues with regards to
free speech is almost impossible, since other people with different convictions on acceptable speech
would contest any lines that any person attempts to draw. However, drawing a line poses another
major issue, not only on how it should be drawn, but also on the consequences of drawing it. Another
problem with establishing a threshold is that while the definition may be fixed, its interpretation
would constantly change.
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3. Free Speech vs. Hate Speech Essay
Throughout history, the United States Constitution has been put to the test over the issue of free
speech. The First Amendment 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." Even though free speech is one of the core American values proudly embedded in
each citizen, some poopAmericans find themselves torn between whether or not to limit the freedom
of speech on behalf of hate speech. Most law–abiding citizens disagree with hate speech, but must
realize even speech that promotes hate, racism, and even crime...show more content...
According to the University of Colorado, many political jurisdictions have enacted laws that forbid
destructive speech. These laws give the police power to investigate persons suspect of committing
hate speech. If found guilty, the persons are tried and punished according to the law. Although many
insist that hate speech should be illegal, the First Amendment still stands; the right of free speech
applies to every citizen of the United States and if restrictions are set, then that liberty is taken away.
Even though hate speech can be damaging to the targeted victims, it still cannot be set to a
standard or principle because it is hard to define what is and is not hate speech. Hate speech is so
wide–ranging and vast, no limit can be set to regulate it. What some groups may consider to be
hateful and demeaning, others groups deem to be their founding principles and beliefs. A study
taken place at University of Colorado quotes, "Often, when hate speech prohibitions are in place,
people engaged in serious intergroup conflicts simply refuse to talk at all, preventing constructive
problem solving and allowing tensions to build." American Civil Liberties Union suggests the best
way to counterattack hate speech is to not censor it, but to respond with more moral speech. ACLU
goes by the principles that the rights of free speech are indivisible:
Restricting the speech of one group or individual jeopardizes everyone's rights because the same
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4. Hate Speech Essay
Hatespeech
Hate Speech and the People who use it
Hate speech; is this the type of speech that the First Amendment protects? Should this type of speech
be defended? If this type of speech is censored on college campuses, have the students lost their right
to the First Amendment? What kind of damage does hate speech cause physical and emotional? Who
does hate speech affect?
Is hate speech protected by the first amendment? According to Charles R.
Lawrence III, it is not. "When racist speech takes the form of face–to–face insults, catcalls, or other
assaultive speech aimed at an individual or small group of persons, it falls directly within the
"fighting words" exception to First Amendment protection."(Goshgarian 382)
As I...show more content...
According to Nat Hentoff, if we allow censorship on the college campuses the rights of the students
have been taken away. Hentoff gives us examples of colleges that have censorship on campus but
these campuses have taken the extremist route. They do not allow the teachers to teach the students
what hate speech is and what they can do to protect themselves. I believe that censorship of hate
speech is necessary to a certain extent, for example hate speech that is violent toward others should
be censored because if it is not that we are denying the students that the hate speech is directed
toward an equal opportunity to an education. If the students are afraid to go to school that what good
is school?
What kind of damage does hate speech cause physical and emotional? The physical damage is very
apparent when the hate speech turns into the hate crime. When a cross is burned in someone front
yard, or when walking down a street a person is assaulted because he/she is from a different race,
religion, gender, or because of their sexual preference.
The emotional damage that is inflicted upon a person of a hate speech is very harmful. "Some of
these students came to college as a means of escaping a life dominated by race–based discrimination
but found an environment more hostile than they had expected." (Marcus 147). If our students do
not feel safe while at school they will not attend school, if the number of educated people go down
at a
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5. Free Speech vs Hate Speech Essay
Free Speech vs. Harmful Hate Speech Freedom of speech is instilled at the beginning of the Bill of
Rights and it allows citizens of the United States to express their opinions without being afraid of
what might happen to them, much like in other countries. Many times people are directly or
indirectly harmed by others' actions that are considered a right under the freedom of speech clause.
Though, some people worry that if we do not allow for complete freedom of speech, it is hard to
figure out what the limits are. So how can we distinguish between what is covered under our
freedom of speech right and what is not if there are no limits? Freedom of speech is a constitutional
right given to every citizen, entitling them to voice their...show more content...
In response, the Superintendent issued a ban on all such anti–religious speech. Ironically, the
cheerleaders meant no harm, obviously the banner was against a school whose mascot was a Native
American. The cheerleaders in turn, sued the school district to preserve their rights to free speech,
which resulted in an injunction allowing them to display the banner. "Free speech prevailed,
reminding us of the well–established principle that students do not shed their constitutional rights
to freedom of speech or expression at the schoolhouse gate" (Mateer). In a case such as this,
where no one was being harmed, an advocacy group came out and stated that the banner indeed
racially targeted a group of individuals, when in fact it was not doing anything of the sort. Things
like this will always happen, it does not matter if boundaries are placed on the freedom of speech
clause or not, there will always be a way to get around it unless the government says "no one has
any freedom of speech." In this day and age, we are subject to many instances of harmful hate speech
, even if it is not directed toward us. The current legal standing in the United States state that the
government cannot limit speech on the basis of its content. Thus, speech cannot be censored because
its message is racist, religious, sexist, or inspirational. While the prevailing attitude in the American
judicial
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