Freedom of Speech Vs. Hate Speech

I do not want to get into a heated argument over this in any way. For anyone that is interested, there is a great pod-cast on this issue. If you have I Tunes, just do a search for "Lawyer 2 Lawyer" and it is the latest pod-cast for this outfit. It is two lawyers that host the show, and they have three legal experts on the first amendment discussing the First Amendment, its impact on hate speech, what is protected, etc... . I just finished listening to it and enjoyed it (but I'm a geek that way).

Matt

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Originally Posted by mhailey

I do not want to get into a heated argument over this in any way. For anyone that is interested, there is a great pod-cast on this issue. If you have I Tunes, just do a search for "Lawyer 2 Lawyer" and it is the latest pod-cast for this outfit. It is two lawyers that host the show, and they have three legal experts on the first amendment discussing the First Amendment, its impact on hate speech, what is protected, etc... . I just finished listening to it and enjoyed it (but I'm a geek that way).

Matt

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I agree with the third guest. The laws already in place serve us well and no additional punishment should be handed down for so called hate crimes.

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Originally Posted by Quick Orange

I agree with the third guest. The laws already in place serve us well and no additional punishment should be handed down for so called hate crimes.

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I do think it should be taken into consideration, in the same way crimes of passion are.

Motive is important, but it shouldn't be a crime in and of it's self.

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Originally Posted by gregs656

I do think it should be taken into consideration, in the same way crimes of passion are.

Motive is important, but it shouldn't be a crime in and of it's self.

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+1 Absolutely. Its like the guy who steals for food vs the guy who steals for money. One is hungry the other greedy, niether is a crime.Motivation is to be considered but is not the crime itself.

i dont think there should be any protected speach.
doesnt the constituition say "congress shall pass no law abridging the freedoms of speech" which is exactly what weve done.

when we start picking and choosing what is and isnt allowed we go down a dangerous path.
whos to say anything against the government isnt "hate speach"..... theres no place to draw a line,
the most INSANE and idiotic drivel should be legal in the US, reguardless of who it upsets.
people dont realize, your not even allowed to have peaceful demonstrations anymore without permits. they often just let em go because they dont want to contribute or cause a news sensation.

i just picked up an ipod last night, might see if i can find it. ive been using winamp to add songs.

That brings us to the old question of, when you are at the superbowl next year and you stand up with a megaphone and yell, "there's a bomb here about to go off". Free speech? How about the hundreds killed in the resultant stampede.

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Originally Posted by thebigspendur

That brings us to the old question of, when you are at the superbowl next year and you stand up with a megaphone and yell, "there's a bomb here about to go off". Free speech? How about the hundreds killed in the resultant stampede.

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And, presumably, you would be tried for manslaughter?

In my world at least, that is what you would be tried for.

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Originally Posted by thebigspendur

That brings us to the old question of, when you are at the superbowl next year and you stand up with a megaphone and yell, "there's a bomb here about to go off". Free speech? How about the hundreds killed in the resultant stampede.

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This is not protected "speech." In this hypothetical the person is not espousing and idea, but seeking to entice harm (unless there really is a bomb).

Please listen to the podcast.

Matt

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Originally Posted by mhailey

This is not protected "speech." In this hypothetical the person is not espousing and idea, but seeking to entice harm (unless there really is a bomb).

Please listen to the podcast.

Matt

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You don't know he's trying to bring harm to those people. maybe he's mentally ill and not aware of what he's doing. Maybe there is a bomb and he knows it because he just saw the bomber place it under a seat so he's just warning people or maybe he's a recent immigrant from iran and he's tired of our interference in their affairs so he making a political statement.

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Originally Posted by thebigspendur

You don't know he's trying to bring harm to those people. maybe he's mentally ill and not aware of what he's doing. Maybe there is a bomb and he knows it because he just saw the bomber place it under a seat so he's just warning people or maybe he's a recent immigrant from iran and he's tired of our interference in their affairs so he making a political statement.

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None of that changes the fact that yelling "bomb" in a crowded stadium is not protected speech unless it is true.