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Mon Oct 29, 2018, 07:09 AM

 

Should hate Speech be banned and criminalized?

Let us assume that there are some clearly defined parameters for identifying hate speech.

Even so, I have never been for such a draconian measure.. I've always hoped that loonies have been too few to be a problem.

But I think online forums that allow hate speech are the breeding grounds for dangerous individuals. Politicians are now routinely steering into previous NO GO zones.. And there is a multiplier effects of sorts taking place.

I am beginning to think that we need some strong measure to rein in these dark forces that are clearly on the rise.

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Arrow 103 replies Author Time Post
Reply Should hate Speech be banned and criminalized? (Original post)
Le Gaucher Oct 2018 OP
mia Oct 2018 #1
trueblue2007 Oct 2018 #97
Tumbulu Oct 2018 #2
hack89 Oct 2018 #3
Le Gaucher Oct 2018 #8
MichMary Oct 2018 #35
Arger68 Oct 2018 #4
Dustlawyer Oct 2018 #41
MosheFeingold Oct 2018 #68
Dustlawyer Oct 2018 #69
oberliner Oct 2018 #5
Le Gaucher Oct 2018 #6
oberliner Oct 2018 #11
grantcart Oct 2018 #74
fescuerescue Oct 2018 #83
MichMary Oct 2018 #36
Le Gaucher Oct 2018 #40
MichMary Oct 2018 #42
Le Gaucher Oct 2018 #43
Dr. Strange Oct 2018 #45
Le Gaucher Oct 2018 #47
Dr. Strange Oct 2018 #55
Le Gaucher Oct 2018 #58
Jim Lane Oct 2018 #78
Brainstormy Oct 2018 #53
jberryhill Oct 2018 #64
Dr. Strange Oct 2018 #70
oberliner Oct 2018 #79
jberryhill Oct 2018 #80
oberliner Oct 2018 #87
pintobean Oct 2018 #7
jcmaine72 Oct 2018 #9
MichMary Oct 2018 #39
cilla4progress Oct 2018 #52
MichMary Oct 2018 #75
Codeine Oct 2018 #91
Thyla Oct 2018 #10
WhiskeyGrinder Oct 2018 #12
vi5 Oct 2018 #13
Amishman Oct 2018 #44
fescuerescue Oct 2018 #86
Dr Hobbitstein Oct 2018 #14
Oneironaut Oct 2018 #15
Calista241 Oct 2018 #16
Le Gaucher Oct 2018 #19
ThirdEye Oct 2018 #62
get the red out Oct 2018 #17
ck4829 Oct 2018 #18
RobinA Oct 2018 #20
bdamomma Oct 2018 #21
Captain Stern Oct 2018 #22
BeckyDem Oct 2018 #23
bakpakr Oct 2018 #24
jberryhill Oct 2018 #65
Petosky Stone Oct 2018 #25
Le Gaucher Oct 2018 #28
33taw Oct 2018 #26
marylandblue Oct 2018 #27
AlexSFCA Oct 2018 #29
grantcart Oct 2018 #30
Le Gaucher Oct 2018 #31
grantcart Oct 2018 #49
Codeine Oct 2018 #92
dawg day Oct 2018 #32
Le Gaucher Oct 2018 #34
Crunchy Frog Oct 2018 #94
lancelyons Oct 2018 #33
33taw Oct 2018 #46
lancelyons Nov 2018 #102
RichardRay Oct 2018 #37
Baltimike Oct 2018 #38
bigtree Oct 2018 #48
Dreamer Tatum Oct 2018 #50
Le Gaucher Oct 2018 #51
LanternWaste Nov 2018 #103
Kaleva Oct 2018 #54
ThirdEye Oct 2018 #60
cilla4progress Oct 2018 #56
Thomas Hurt Oct 2018 #57
The Velveteen Ocelot Oct 2018 #59
jberryhill Oct 2018 #66
The Velveteen Ocelot Oct 2018 #67
Loki Liesmith Oct 2018 #61
MicaelS Oct 2018 #63
Separation Oct 2018 #71
Azathoth Oct 2018 #72
sarisataka Oct 2018 #73
saidsimplesimon Oct 2018 #76
elleng Oct 2018 #77
fescuerescue Oct 2018 #81
fescuerescue Oct 2018 #82
Le Gaucher Oct 2018 #85
trackfan Oct 2018 #84
geardaddy Oct 2018 #88
onenote Oct 2018 #89
NutmegYankee Oct 2018 #90
GulfCoast66 Oct 2018 #93
Buckeye_Democrat Oct 2018 #95
Celerity Oct 2018 #96
Raine Oct 2018 #98
DeminPennswoods Oct 2018 #99
Sunlei Oct 2018 #100
GetRidOfThem Oct 2018 #101

Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:15 AM

1. Yes.

:large

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Response to mia (Reply #1)

Tue Oct 30, 2018, 03:27 AM

97. yes

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:21 AM

2. Long ago it should have been stopped

I really worry that we will not survive the consequences of having turned a blind eye to it. These guys are everywhere, they all have semi automatic weapons, and they are planning on using them to sow chaos.

I live in red country. Sad to say, the whispers that I hear suggest this is just beginning.

Hoping that they chicken out. But they are so hate filled, unhinged and disconnected.

Hoping these magaterrorists are all hat and no cattle.

But it is the unrelenting hate speech that amplifies and glorifies their tendencies.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:21 AM

3. Republicans view the far left as a dark force

How do you keep them from influencing any proposed law?

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Response to hack89 (Reply #3)

Mon Oct 29, 2018, 07:35 AM

8. Hate speech should be linkble to violence/intimidation against the target

 

Of the hate speech.

Yes Republicans hate us..but whom have we explicitly threatened... Ever?

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Response to Le Gaucher (Reply #8)

Mon Oct 29, 2018, 09:45 AM

35. I think

Ted Cruz, the White House, Pentagon (maybe?) received packages containing ricin within the last couple of weeks. Also, James Hodgkinson had made some incendiary anti-GOP Facebook posts.

The trouble is, there is a free speech issue. There needs to be a line, I just don't know where it is, or who (which party?) should define t.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:21 AM

4. I truly hate messing with the 1st

Amendment, but I think it's time. With the internet what used to be the insane fringes of society are becoming more mainstream.

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Response to Arger68 (Reply #4)

Mon Oct 29, 2018, 09:51 AM

41. We should also require "truth" in the news.

News outlets have to source what they say instead of being able to make crap up out of thin air.

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Response to Dustlawyer (Reply #41)

Mon Oct 29, 2018, 11:49 AM

68. Who gets to decide what is true?

In the late 1500s or so, it was the scientific consensus that the Earth was flat.

In Germany in the 1920s to 46, it was scientific fact that Jewish people were rather stupid and inferior.

In the USA, same with blacks. Scientific American ran articles about how stupid they were, and it was settled science.

And, in each case, unpopular "incorrect" opinions spoke up. And won the day.

Censorship is just a bad idea.

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Response to MosheFeingold (Reply #68)

Mon Oct 29, 2018, 12:22 PM

69. The media must have some sources and facts they rely on before making a claim.

Newspapers typically require two sources to report. There is no perfect system but allowing Fox and others to spew unsubstantiated BS propaganda is brain washing a good percentage of Americans. The media outlet must have something to back up their reporting other than Kellyanne Conway saying it is so.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:25 AM

5. Definitely not

 

Criminalizing hate speech causes more problems than it solves. It only opens the door for silencing other forms of speech and could be applied arbitrarily and unfairly depending on who is in charge.

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Response to oberliner (Reply #5)

Mon Oct 29, 2018, 07:32 AM

6. With sufficient guard rails I think we can prevent abuse.

 

For instance there must be past historical connections between the speech and incidents of intimidation .


Me saying I hate deplorables is very different from saying I hate gays or Jews.. Latter should get me in trouble.

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Response to Le Gaucher (Reply #6)

Mon Oct 29, 2018, 07:46 AM

11. Bear in mind who would be writing the law

 

And who would be enforcing it.

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Response to oberliner (Reply #11)

Mon Oct 29, 2018, 12:47 PM

74. This thread should be titled "Lets give Trump more power to militarize ideology"

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Response to grantcart (Reply #74)

Mon Oct 29, 2018, 01:49 PM

83. Trump isn't permanent

He'll be gone by 2024 at the latest. Hopefully sooner.

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Response to Le Gaucher (Reply #6)

Mon Oct 29, 2018, 09:47 AM

36. Define "deplorables"

You are speaking of hating a specific group of people, therefore "hate speech."

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Response to MichMary (Reply #36)

Mon Oct 29, 2018, 09:51 AM

40. You made my point.

 

Me hating someone is irrelevant so long as they can be identified and targeted for intimidation/violence.

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Response to Le Gaucher (Reply #40)

Mon Oct 29, 2018, 09:56 AM

42. Wait, what??

If you say you hate "deplorables," that seems to me that you are speaking about a specific, identifiable group of people--generally, older, white, uneducated, bigoted men. How is that different from Bowers saying he hates Jews, or the Magabomber saying he hates Democrats?

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Response to MichMary (Reply #42)

Mon Oct 29, 2018, 10:00 AM

43. Has there ever been a campaign of someone routinely intimidating or

 

Using violence against that group?

If the answer is "YES" .. Then I am guilty of Hate speech.

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Response to Le Gaucher (Reply #43)

Mon Oct 29, 2018, 10:06 AM

45. How far back are we going?

If I say I hate Christians, Mormons, and Muslims, are those all hate speech, or none, or do we leave it up to Trump to decide?

In the words of just about every Star Wars character, I have a bad feeling about this.

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Response to Dr. Strange (Reply #45)

Mon Oct 29, 2018, 10:23 AM

47. You can stretch everything to its extremes .. And I think there is a resonable ground to be found.

 


In our quest for fairness and intellectual rigor.. We leave enough room for crazies to drive a truck through.


Maybe how about just starting with public figures?

Journalists/ Opinionists/ Politicians/ Twitter celebrities and the like who has a sizeable following .. They have power ..and need to be held to a different standard of the law.

I am not a lawyer ..the only law class I have ever taken was related to environmental law .. But I have to believe that law should be able to step in this space that protects us all. In many cases incitement to violence is bit late in the day.. Also Trump neednt explicitly call violence.. He can foment plenty of hatred and create a tinderbox environment without doing so.... But that speech should be illegal - at least for a public official.

Do you disagree?

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Response to Le Gaucher (Reply #47)

Mon Oct 29, 2018, 10:44 AM

55. I don't like it, but I hate it less.

That would be an interesting starting point: if we're going to start policing speech, start with just the politicians. Let them live with the consequences of this kind of law first before subjecting us to it. (Pity that wasn't done with the Drug War.)

My prediction: it would become a weapon wielded by Trump and those like him, for the purpose of criminalizing his political enemies.

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Response to Dr. Strange (Reply #55)

Mon Oct 29, 2018, 10:48 AM

58. Though I agree with you on dangers .. We should be good as long there is prosecutorial independence

 

We need to start somewhere

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Response to Le Gaucher (Reply #58)

Mon Oct 29, 2018, 01:21 PM

78. Don't say "as long as..." Instead, think about the real world.

 

First you have to write your "clearly defined parameters" (which will somehow be enacted into law with Republicans in power, and which will never be amended later once the protection of the First Amendment has been breached).

Then consider that this statute will be available to prosecutors in deep-red areas, who can present a case to a jury filled with Trump supporters. Any judgment against a progressive will be subject to appeal -- ultimately, to the Supreme Court.

I don't share your confidence that "We should be good" under these circumstances.

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Response to oberliner (Reply #5)

Mon Oct 29, 2018, 10:43 AM

53. absolutely.

MUCH too much to lose!

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Response to oberliner (Reply #5)

Mon Oct 29, 2018, 11:34 AM

64. Has this happened in jurisdictions with such laws?

 


Can you give examples from Canada or any of several EU countries where this has happened?

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Response to jberryhill (Reply #64)

Mon Oct 29, 2018, 12:29 PM

70. The Count Dankula thing was stupid as hell.

And I don't understand how it can be legal for a rap artist to perform, for people to buy the music, listen to the lyrics, but somehow illegal to post the lyrics.

Oh, and blasphemy laws. That's serious bullshit in a free society.

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Response to jberryhill (Reply #64)

Mon Oct 29, 2018, 01:34 PM

79. Trump isn't the PM of Canada and their legislature isn't controlled by right-wingers

 

The way ours is.

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Response to oberliner (Reply #79)

Mon Oct 29, 2018, 01:40 PM

80. There have been right wing governments in Canada, the UK and other jurisdictions

 

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Response to jberryhill (Reply #80)

Mon Oct 29, 2018, 02:02 PM

87. I still am not comfortable with our Republican-controlled Congress writing hate crimes laws

 

Even the more conservative Canadian governments have been more liberal than what we have now.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:34 AM

7. It would be a Pandora's Box

 

I read 'hatred' every day, right here on DU. Do you want the republicans and the current Supreme Court determining what is hate speech and what is free speech?




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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:38 AM

9. Yes! A thousand times, yes!

I've made this argument here before and I'll make it again: We're one of the few Western nations that doesn't have some sort of hate speech laws on the books and it greatly diminishes us as a civilized nation. Hate speech is an act of violence and must be dealt with as such. The First Amendment does not protect acts of violence last I checked.

If the people in the U.K. and other parts of Western Europe can make their hate speech laws work within the context of a free, democratic society, I don't understand why we can't. Trump and his legion of white supremacist terrorist deplorables would either be in prison or forced to the extreme fringe of our nation without a public voice, as well it should be, if we had sensible hate speech laws on the books.

It's time for us as a nation to catch up with the rest of the civilized world and ban hate speech once and for all.

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Response to jcmaine72 (Reply #9)

Mon Oct 29, 2018, 09:49 AM

39. "The First Amendment does not protect acts of violence last I checked."

There is a vast difference between speech and acts of violence. We have a First Amendment which protects speech, and that's for a reason.

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Response to MichMary (Reply #39)

Mon Oct 29, 2018, 10:42 AM

52. Incitement

to violence. Is illegal.

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Response to cilla4progress (Reply #52)

Mon Oct 29, 2018, 12:48 PM

75. Okay, since

it's already illegal, then there is no reason to mess with the First Amendment.

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Response to cilla4progress (Reply #52)

Mon Oct 29, 2018, 05:40 PM

91. Then nothing needs changed. nt

 

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:38 AM

10. Yes

It works elsewhere with no issues and is all part of living in a society. I find it amazing Americans just let it slide and cite the 1st.
That whole document frankly hasn't aged well.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 07:49 AM

12. No.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:03 AM

13. No. Those tables can be turned far too quickly, as we've seen...

 

...do you really want a Republican president, house, and Senate able to define what those parameters are? I sure as hell don't.

Or will this work like our plans for the ACA were supposed to, and our version of what is "right" will be so popular that Republicans would NEVER dare to do away with it. And besides we would have a permanent majority because people would be so grateful? (And yes those are all things I heard and read multiple times)

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Response to vi5 (Reply #13)

Mon Oct 29, 2018, 10:03 AM

44. I agree, the potential for abuse is way way to high

Free speech should remain broad and unrestricted, well-meaning restrictions could be repurposed into the cornerstones of a despotic 'ministry of truth'.

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Response to vi5 (Reply #13)

Mon Oct 29, 2018, 01:54 PM

86. Hate speech

Is what allowed a Republican house, senate, supreme court and 33 Govenors to take power.

They won't be there forever though. Politics is a cycle.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:04 AM

14. No. Messing with the 1st is ill advised. NT

 

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:20 AM

15. Ok, you are now under arrest for:

- Criticizing Christianity
- Saying that God isn’t real
- Using any joke that involves Jesus

This is what someone like Pence would consider hate speech. The reason we don’t ban hate speech is because “hate speech” means different things to different people.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:26 AM

16. How would you define hate speech and how would you prevent abuse of this law?

And would you put offenders is re-education camps?

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Response to Calista241 (Reply #16)

Mon Oct 29, 2018, 08:39 AM

19. Again.. Restrict hate speech against whom there is a credible threat of

 

Intimidation and violence.

There is a credible threat of violence agansts the press now ..as evidenced by mail bombs

Trump calling CNN enemy after the bombs were sent out should be punsihable by law.

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Response to Le Gaucher (Reply #19)

Mon Oct 29, 2018, 10:59 AM

62. Wouldn't you agree Fox News is an enemy of the (majority) of people?

It brainwashes them into taking political stances that go directly against their personal well being and fills them with falsehoods.

Would we want to put a ban in place that could be used against a liberal president that wished to call out Fox News? No doubt that president would form actual sentences and make a valid succinct point based in the truth, unlike Trump, but nonetheless the right could use the ban as a tool against her or him.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:28 AM

17. It can't be

Because of the first amendment. But I wonder if some kind of measures could be taken requiring online platforms to have some kind of rules? There are words that still can't be said on TV, despite freedom of speech, could that be applied to spreading pure hate online in some way?

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:33 AM

18. It should have civil penalties rather than criminal

As in people who fire, kick out, or otherwise sanction individuals who make hate speech should be protected.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:40 AM

20. Absolutely Not

You can't rein in dark forces by regulating them out of business. They spring from somewhere and take various forms. Controlling the forms just causes them to seek different forms or to crawl into a cave. I tend to agree that the Internet has allowed these idiots to find their fellow idiots much more easily.

But, no, I don't have an answer. I just don't think regulation will do a damn thing.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:44 AM

21. I don't know if this

relevant to the thread, but I found these two articles one from Jan 208 and the other from June 2018 concerning Stephen Miller.

https://theoutline.com/post/3089/does-stephen-miller-have-friends?zd=2&zi=prbsd3nl

https://www.haaretz.com/us-news/.premium-trump-adviser-rips-into-stephen-miller-he-s-waffen-ss-1.6192214

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:46 AM

22. Yes, under on condition.

I get to be the one that decides what hate speech is.....not the government, not some committee, not the general populace....just me.

I promise I will be fair about it, and that nothing at all can possibly go wrong.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 08:49 AM

23. Just think about this, please. Would you trust the majority of politicians which are Republicans

to define hate speech? Because they and the Republican wacko judges will decide the meaning, its application and constitutionality.Maybe you trust them, I don't. Leave it to them, and full blown slavery will be back.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:02 AM

24. Absolutely NOT!

Speech in any form should never be banned, period. The freedom of speech is one of the bricks that are the foundation of our society. The ability for anyone to spew hate is one of the reasons we have and fervently protect free speech. If we start to regulate speech in any way is a dangerous proposition. We don't have to like or accept what is being said but we MUST protect at all cost the ability for it to be said. All speech no matter how vile does and will have consequences. Lately we have been seeing almost daily the consequences of spewing that which is we find unacceptable. Speech that we find unacceptable has and should be countered by our collective voices. If we start to regulate speech in any form could and possibly silence not only that which we find vile but the voices that are raised in opposition.

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Response to bakpakr (Reply #24)

Mon Oct 29, 2018, 11:36 AM

65. There are lots of forms of speech which are banned

 


I cannot directly threaten you with violence.

I cannot write you a bad check or forge checks.

I cannot engage in false advertising, or a variety of forms of mail and wire fraud.

I cannot solicit an act of prostitution.

There are loads of banned forms of speech in which it would be illegal for me to engage.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:04 AM

25. Wow.

 

Just, wow.

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Response to Petosky Stone (Reply #25)

Mon Oct 29, 2018, 09:21 AM

28. That was very insightful. Thank you very much.

 

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:12 AM

26. No. It is the 1st amendment for a reason.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:13 AM

27. No, it will make things worse

Regardless of how well the law is written, Trump will say, "I hate Trump" is hate speech, and then use it to whip up his weak-minded followers more.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:21 AM

29. unfortunately not. 1st amendment is most important

it’s up to us all to make sure there are consequences for hate speech. Of course all private platforms have the right to ban hate speech as violation of terms of service.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:22 AM

30. Does anybody read the constitution any more?

Speech is protected including speech you don't like.

Inciting violence already is A crime


Terrorists who are arrested for talking about planning a bombing get arrested not for speech but doing something.

No matter how you write a law about hate speech it could be applied against DU where hatred against NAZIS and racist is universal.

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Response to grantcart (Reply #30)

Mon Oct 29, 2018, 09:24 AM

31. Yes .. But hate speech is a precursor to crime ..and every right has to have bounds

 

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Response to Le Gaucher (Reply #31)

Mon Oct 29, 2018, 10:35 AM

49. Hate speech is protected

Precursor to a crime?

So you want to arrest something because they might do something?

I hate intolerant people. I hate NAZIS. Now arrest me.

Making a speech inciting people to attack someone is a crime.

Limitations to the right of absolute speech have been carefully worked out over 240 years. What new limitation do you propose that isn't already in existance?

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Response to grantcart (Reply #30)

Mon Oct 29, 2018, 05:41 PM

92. Sometimes people here

 

are as shortsighted and silly as the freepazoids.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:32 AM

32. Trump would be criminalized?

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Response to dawg day (Reply #32)

Mon Oct 29, 2018, 09:35 AM

34. I dont know about president .. But Steve King calling Mexicans Animals should be.

 

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Response to dawg day (Reply #32)

Tue Oct 30, 2018, 02:24 AM

94. Or he would be in a position to criminalize CNN and the NYT.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:35 AM

33. Yes

 

There also should be some way to combat what happens at Fox News and the RIGHT WING LYING Media.

They constantly berate the left in general terms. Thats why most on the right HATE liberals/ democrats. Its programmed in hate.

This should not be allowed.

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Response to lancelyons (Reply #33)

Mon Oct 29, 2018, 10:16 AM

46. The right says the same thing about CNN and MSNBC. This won't turn out like you want.

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Response to 33taw (Reply #46)

Thu Nov 1, 2018, 10:56 PM

102. Ya but there is something called facts or the truth

 

I challenge somebody to prove where CNN is berate conservatives in general.. like those damn lying conservatives, etc.. Or those angry diseased rural trump supporters..

You do see this on Fox.

This would turn out how I want.. and it has to turn out in favor of actual facts.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:49 AM

37. No, but legalize dueling...

...and im only sort of joking.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 09:49 AM

38. It already is

you can't incite a riot without retribution

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:32 AM

48. any president who engages in it

...should be removed from office.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:39 AM

50. Here's a test of your theory

Start with DU, and find cases that would violate your new law. If you are willing to throw any of your political brethren in jail first, I might listen. Otherwise this is just sophistry to jail people you don't like.

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Response to Dreamer Tatum (Reply #50)

Mon Oct 29, 2018, 10:41 AM

51. Maybe it should apply just to politicians.

 

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Response to Dreamer Tatum (Reply #50)

Sat Nov 10, 2018, 05:59 PM

103. The race to the bottom is endless...

 

"Boy, it sure is funny he was beaten to death!"

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:43 AM

54. Your premise is flawed right from the start.

"Let us assume that there are some clearly defined parameters for identifying hate speech. "

Impossible to achieve.

It's like putting forth a proposition by beginning with "Let us assume the moon is really made of cheese.".

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Response to Kaleva (Reply #54)

Mon Oct 29, 2018, 10:54 AM

60. Indeed, it's a DOA concept

Reminds me of the right's outrageous stance that liberals' tolerance must include tolerating their intolerance, otherwise we're hypocrites.

Just goes to show you there's too much subjectivity and grey in the realm of speech and the only thing you can do is allow as much of it as possible and win within the market place of ideas.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:45 AM

56. Incitement to violence is illegal.

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. ... The speech is “directed to inciting or producing imminent lawless action,” AND. The speech is “likely to incite or produce such action.”


As is yelling fire in a crowded theater.

Free speech / first amendment already has reasonable limits.

Problem is now there is no agreement on reason.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:47 AM

57. Bans don't work...

regardless of the moral or ethical imperative in doing so, they don't work.

Booze, narcotics, abortion, guns, birth control, hate speech, historical ineffective.

Not to mention if you do manage to suppress it, you just drive it underground.

Finally in a big slice of irony........isn't this exactly what that fn facist pig in the WH is saying about the press and liberals.......isn't he complaining about "hate" speech, at least what is hate speech as far as he is concerned.

Do we really want an escalating war on speech.

Just saw a comment on the Hill by a cultist, stating flat out that another comment without any threat of violence, mere disagreement was indeed violent and hateful.

They are pushing that big lie hard just as the Dear Leader does.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:49 AM

59. The remedy is more speech.

"Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence." - Justice Louis Brandeis, Whitney v. California

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Response to The Velveteen Ocelot (Reply #59)

Mon Oct 29, 2018, 11:39 AM

66. Unfortunately, that is based on a flawed model of human behavior

 

Justice Louis Brandeis was entirely ignorant of what we are now learning about how people's brains work.

Faith in this model of speech is as rational as religious arguments for one policy or another. It is simply re-stating a doctrine itself as an argument in favor of the doctrine.

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Response to jberryhill (Reply #66)

Mon Oct 29, 2018, 11:41 AM

67. Maybe so, but what is the remedy?

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 10:54 AM

61. No

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 11:00 AM

63. Absolutely not.

It could easily be turned against the Left.

For example...

Some Christians think the speech of Atheists criticising and denigrating Chritianity and Christians is Hate Speech is hate speech.

See how easy that was?

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 12:38 PM

71. No!

But its should also not be condoned, i.e. If a "CNN Commentator" was hired by the Heritage Foundation, or "Evil Soros Butlers lawyer" we should know.

When Kellyann Mushmouth Conway goes on a diarrhea ladened for 15 minutes and there is only a 30 blurb from the reporter to "counter her" that's wrong.

There is a difference between lying and not lying to a mass audience and then giving somebody the platform to do it u checked. It's so weird that its come down to that simple quality of just not to lie.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 12:40 PM

72. Nope. Imagine what this country would look like if Trump and the GOP had the power to ban

speech they didn't like.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 12:45 PM

73. No

For all of the reasons listed plus would require an amendment changing the First Amendment.

As for the idea that it would only apply to politicians would it go against the Fourteenth Amendment. Also that brings up a whole other set of questions. are elected officials restricted in their speech? Appointees? What about candidates for office, can they say whatever they want but then are restricted after the election?

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 12:54 PM

76. It should be obvious by now

that social media sites, Facebook, Twitter, YouTube and the rest are either unwilling or incapable of enforcing their own terms of service. I do not believe hate speech should be protected speech. I would prefer shaming and shunning offenders.

There would be a fight all the way to the SCOTUS even if Congress was willing to pass such a law.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 12:54 PM

77. The problem is 'Let us assume that there are some clearly defined parameters.'

There AREN'T, and practically CAN'T be.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 01:46 PM

81. The 1st and 2nd amendment need to be modified

The 1st should be modified to ban hate speech of any time.

The 2nd should be clarified that owning guns is a collective right, not individual.


There are plenty of examples of free countries where this is in practice and they have not suffered (i.e. todays Germany)

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 01:46 PM

82. Germany seems to be doing just fine with that.

I see no reason why we shouldn/t

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Response to fescuerescue (Reply #82)

Mon Oct 29, 2018, 01:52 PM

85. Thank you , Thank you , Thank you.

 

Holocaust Denial is a crime in Germany.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 01:50 PM

84. No.

No.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 02:10 PM

88. No.

It's how we know who the crazies are. As others have said, it is already illegal to use speech to incite violence, so we don't need to curb free speech any further.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 02:23 PM

89. This OP starts with a very large, very flawed assumption.

Specifically, that there "are some clearly defined parameters for identifying hate speech."

That's a pretty significant assumption and I've yet to see those "clearly defined parameters" spelled out here. Why? Because it probably isn't possible (beyond the already existing parameters for incitement).

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 04:45 PM

90. Not just no, but hell fucking no!

Once we poke a hole in free speech in the USA, the right will use it against us to further their Christian Dominionism. I guarantee it would happen.

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Response to Le Gaucher (Original post)

Mon Oct 29, 2018, 06:40 PM

93. Worse idea ever.

Cause by this time next year I would be jailed for criticizing Christians. And the constitution. And same sex marriage. Get the idea?

Let’s instead focus on gerrymandering and voter suppression.

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Response to Le Gaucher (Original post)

Tue Oct 30, 2018, 02:50 AM

95. I hate Trump and want to continue to express it, thank you.

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Response to Le Gaucher (Original post)

Tue Oct 30, 2018, 03:15 AM

96. No

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Response to Le Gaucher (Original post)

Tue Oct 30, 2018, 04:55 AM

98. Absolutely NO! nt

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Response to Le Gaucher (Original post)

Tue Oct 30, 2018, 05:33 AM

99. Nope

1st Amendment notwithstanding, it's far better to have this stuff out in the open than hidden under a rock.

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Response to Le Gaucher (Original post)

Tue Oct 30, 2018, 05:57 AM

100. let them post 'free speech' on their own social media platforms-get them off twitter, facebook

at the minimum places like twitter & face book should move hate groups to their own clearly marked area. stop letting people spam messages too.


SPAM

noun

noun: spam; plural noun: spams; noun: Spam

1. irrelevant or inappropriate messages sent on the Internet to a large number of recipients.

•unwanted or intrusive advertising on the Internet.
"an autogenerated spam website"

2. trademark
a canned meat product made mainly from ham.

verb

verb: spam; 3rd person present: spams; past tense: spammed; past participle: spammed; gerund or present participle: spamming

1. send the same message indiscriminately to (large numbers of recipients) on the Internet.

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Response to Le Gaucher (Original post)

Tue Oct 30, 2018, 07:01 AM

101. yes [nt]

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