This paper discusses the problem of controlling hate speech and yet protecting both free speech and equality.
Written in 2002; 1,154 words; 4 sources; MLA; $ 39.95
Paper Summary:
This paper relates the clash, between the First Amendment, which protects free speech and the Fourteenth Amendment which protects equality, in relationship to hate speech. This paper refers to hate speech codes which have been developed as a response to hate speech especially on American campuses. The author explains Chaplinsky v. State of New Hampshire as the benchmark case for "fighting words" and "offensive speech."
Table of Contents
Introduction
Hate Speech Codes
The First Amendment
The Fourteenth Amendment
Conclusion
From the Paper:
"There seems to be a clash between the First and Fourteenth Amendments; a person has the right to free speech, but a person also has the right to be equal. When free speech becomes hate speech, this can violate the victim's constitutional rights to be equal. This argument is used to protect hate speech ordinances. Cleary, the idea of "fighting words" was introduced to address this problem; a person has the freedom to say as they wish as long as it does not infringe on the rights of others."
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