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this post was submitted on 08 Jan 2024
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Incorrect, the supreme court has many times over ruled "hate speech", which doesn't have a legal definition in the US, is protected under 1st amendment. Calling for violence is not.
I am free to say "I hate [insert protected class/person/group/etc]" without legal consequences.
Although I am technically free to say "Let's cause harm to/attack [insert protected class/person/group/etc]", legal consequences could follow since call to violence.
Agreed. Hence the issue with “hate speech” in quotes.
(Tl;dr: incitement to violence and harassment are not protected speech)
I seem to recall that when southern states wanted to prosecute Martin Luther King, Jr for "hate speech" on the theory that his calls for equality amounted to anti-white racism, the way SCOTUS dealt with that was by punting on the question of what hate speech is or isn't.
By taking the 'hate speech' stick away from states, the high court effectively ruled that Nazis had the right to rallies under the rubric of free speech. It was this optimistic dithering on the court's part (surely, the way forward is free speech and everybody will use that in good faith right?) that is part of why the US's stance on hate speech diverged from that of Europe and the commonwealth
Let's change that then.
Where the first speech absolutists at?
No seriously, there are persuasive arguments for protecting speech that is utterly abhorrent… who remembers their John Stuart Mill well enough to chime in?
They're buying social media platforms and censoring speech they don't like
They said free speech absolutists not posers
Now imagine Trump or someone like him is deciding what’s hate speech.
No. Fuck that.