The Bill of Rights and Internet Hate Speech

Paper Summary:

Hate speech on the Internet is an area in modern society that has taken on diverse aspects due to the changing standards of correct social behavior and the lack of precise legislation dealing with this subject. Regulating the Internet addresses such sensitive issues as infringement of human and individual rights. This paper argues that serious new issues have arisen from lack of legislation of the Internet, and amendment is necessary in this state of affairs. It shows that regulation of certain Internet material is needed to protect the values that the Bill of Rights and the First Amendment advocate.

From the Paper:

"Trying to balance both, freedom of speech and the fear of an inflammatory speech, the Supreme Court produced the "clear and present danger" clause stating that speakers were punishable by law only if they represented "clear and present danger" to others. (Gora 1991) Again confusion arose from defining the different elements in this clause specifically so as to fit all situations. Speeches by Dr. Martin Luther King to resist segregation would have been classed as dangerous and inciting hate speech by some without our First Amendment protections. At the same time should a web page encouraging young boys to resort to violence to prove superiority of race be allowed to function unimpeded?"

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