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[Hate Speech]: how America (and the world) deals with it

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Posts

  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    edited May 2013
    Astaereth wrote: »
    Fine, so can we agree that Astaereth and the bulk of the non-Americans in this thread are arrogant geese and get on with making arguments that only our respective sides are willing to consider?

    You're just being petulant now. Debating the relative merits of hate speech laws is not the same thing as saying "<european country> is better than America, try to be more like them."

    Because absolutely no one has said that.
    There is no appreciable difference between "we need to be an example for other countries to aspire to," and "your country should adopt laws like ours," with the implication "because ours are better." (If that isn't the implication, that's even worse)

    There's a pretty big difference between <argument: support/evidence> and <declaration of correctness>

    I suppose it's possible to pull the latter one off with panache instead of just sounding arrogant, but it's really easy to just sound conceited.

    What evidence in favor of enacting hate speech laws (or not enacting them, for that matter) has been put forth that doesn't boil down to an opinion?

    You're drifting far from the original issue.

    No one arguing opposite you in this thread has just stood there and nakedly asserted the superiority of other countries hate speech laws.

    It doesn't matter how unconvincing, lacking hard evidence, or even dumb, you think the arguments have been. They're not conceited arguments, just people who have a different opinion than you.

    Just asserting that your way is best is rather arrogant though. And that's what Aestaereth was doing.

    You can be wrong and humble or right and arrogant-evidence isn't the issue, it's an issue of how you present your opinion.

    Just so we're clear though, I am an American and have resided in America all my life. When I argue for hate speech laws I'm not making the mistake of presuming that my countries way is so superior to your country's ways that you should just adopt mine, I am in fact questioning the way we do things in this country currently.

    Which is something you should be in favor of my doing, since you ostensibly support all this right to dissent as a staunch defender of 1st amendment rights.

    I'm really not sure why you believe that "I think Canada has the right kind of speech laws" and "I think America has the right kind of free speech laws" are opinions with different levels of "arrogance" to them.

    You're being deliberately obtuse. It was the "other countries to aspire to" that made it a conceited statement.

    Really obviously.

    -edit-

    And throw in a side of "you have forgotten the faces of your fathers" for cringe-inducing nerdiness on top of the conceit.
    Regina Fong on
  • MelksterMelkster Registered User regular
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    We have a concrete example of a country and law: Canada. Could you or someone else explain it?
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    Melkster wrote: »
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    We have a concrete example of a country and law: Canada. Could you or someone else explain it?

    I'm not a lawyer.

    But we've already had a Canadian forumer explain that Canada doesn't consider social satire like South Park to be "hateful" under their laws.
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    edited May 2013
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.
    jungleroomx on
  • GrouchGrouch Registered User regular
    edited May 2013
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    I would define hate speech as false--presented as true--statements (the plural is key), directed at or about an identifiable group (using the statutory definition) intended to alienate, disenfranchise, and otherwise disempower the target group or, if believed, engender feelings of extreme hostility towards the target group.

    What does that mean in a practical sense? It means that South Park episodes are not hate speech, because South Park does not, to my knowledge, claim to be a documentary. It means that "I hate the WBC" is not hate speech because that's just a single statement of opinion and it is unlikely to have any effect on how members of the church feel, or people feel about members of the church. It means that "Mormons are bigots" is not hate speech because, again, that's just a single statement (and the truth of it is arguable). EDIT: Also not hate speech are things like "gay people should be allowed to get married" and "abortion should be legal". I hope I don't have to explain why.

    So what is hate speech? It almost always involves fairly substantial bodies of work, released over a significant period of time. The constitutional test case--because Canada enshrines the right to freedom of expression in its Charter of Rights and Freedoms--was R v. Keegstra. Mr. Keegstra was a high school teacher, and this is how the Supreme Court of Canada described his pattern of behaviour (over the course of about a decade):
    Mr. Keegstra's teachings attributed various evil qualities to Jews. He thus described Jews to his pupils as "treacherous", "subversive", "sadistic", "money-loving", "power hungry" and "child killers". He taught his classes that Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution. According to Mr. Keegstra, Jews "created the Holocaust to gain sympathy" and, in contrast to the open and honest Christians, were said to be deceptive, secretive and inherently evil. Mr. Keegstra expected his students to reproduce his teachings in class and on exams. If they failed to do so, their marks suffered.

    That kind of thing is hate speech.

    Another kind of expression that may fall under the hate speech umbrella is a demonstration meant to intimidate and insult a vulnerable minority. I don't know how R v. Krymowski shook out in the end (acquittals on what amounted to a technicality were appealed to the SCC, who sent it back to be tried again), but the behaviour that triggered it was something like this:
    On August 26, 1997, about 25 persons participated in a demonstration in front of the Lido Motel in Scarborough, Ontario, which at that time was temporarily housing the refugees while they awaited the outcome of their claims. The demonstration included chants and placards. The placards stated, among other things, “Honk if you hate Gypsies”, “Canada is not a Trash Can”, “You’re a cancer to Canada” and “G.S.T. — Gypsies Suck Tax”. The chants included statements such as “Gypsies Out”, “How do you like Canada now?” and “White power”. Some participants were seen giving the “Sieg Heil” Nazi salute. Nazi and American Confederate flags were used in the demonstration. Some of the clothing, accessories and footwear worn by the demonstrators was described as typical “Skinhead” accoutrements.

    That kind of thing could be hate speech.
    Grouch on
  • saint2esaint2e Registered User regular
    @Grouch

    I am comfortable with that definition and those examples. I think the reason for the confusion in this thread is the ambiguity to the definition of hate speech that everyone is bringing to the table. It's nice to see someone put forth an idea of what that is for everyone to check their own definition against.
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  • spool32spool32 Contrary Library Registered User regular
    It strikes me as
    Grouch wrote: »
    Melkster wrote: »
    Grouch wrote: »
    Melkster wrote: »
    Question for the folks advocating for an anti-hate speech law:

    Is there an example of a well-written law in another country that would satisfy you? Or has someone already named it?

    It'd be nice to talk about something concrete here.

    You can find the text of Canada's criminal law regarding hate propaganda here.

    This is the meat of it:
    Public incitement of hatred

    319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Wilful promotion of hatred

    (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Defences

    (3) No person shall be convicted of an offence under subsection (2)
    (a) if he establishes that the statements communicated were true;
    (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
    (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
    (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

    And if anyone is wondering, "identifiable group" is defined as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."

    This is a terrible law.

    First of all it's plainly unclear what "willful promotion of hatred" means and how it would be applied.

    Second, the punishment here seems completely insane. Two years in prison and all it takes is for me to say, "I hate gays and you should too"?

    Third, it's unclear what exactly this is trying to solve. Why are we worried about hate groups in the United States? Has the Westboro Baptist Church exploded in popularity recently? Is there some measurable effect that we're looking for? Is there any way for us to tell if this law is accomplishing whatever goal it has?

    For as much as I hate the Westboro Baptist Church (Did I just commit a crime in Canada?) I don't want to see them in prison. They haven't caused the kind of the harm that deserves it. The only thing they've done is offend me.

    Also, for what it's worth, a two-year term of incarceration is the absolute maximum penalty available, and only the most extreme circumstances would warrant the prosecution seeking it.

    The fact that the government would maybe show you mercy except for "extreme" cases (that they define) where they throw the book at you is not very comforting. In fact, the harsh penalty intentionally chills some speech that would be near the line, because people fear triggering the law and then finding themselves begging for mercy before a judge.

    The absolutel maximum matters because that's the stick they beat you with to drive you away from even the possibility of a violation. Suggesting that "well, usually the government takes pity on you" makes it a much worse law, not a much better one.
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  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    edited May 2013
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.

    So the problem isn't with the hate speech laws, it's with the American electorate.

    I agree completely.
    Regina Fong on
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    edited May 2013
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.

    So the problem isn't with the hate speech laws, it's with the American electorate.

    I agree completely.

    But you're willing to allow them to flex more of their morality muscle with the implementation of free speech regulations?

    We have an agreement on our problem, but you're willing to risk them going overboard to enact legislation on a nebulous set of subjective "hate monger" laws?
    jungleroomx on
  • GrouchGrouch Registered User regular
    edited May 2013
    spool32 wrote: »
    It strikes me as
    Grouch wrote: »
    Melkster wrote: »
    Grouch wrote: »
    Melkster wrote: »
    Question for the folks advocating for an anti-hate speech law:

    Is there an example of a well-written law in another country that would satisfy you? Or has someone already named it?

    It'd be nice to talk about something concrete here.

    You can find the text of Canada's criminal law regarding hate propaganda here.

    This is the meat of it:
    Public incitement of hatred

    319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Wilful promotion of hatred

    (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Defences

    (3) No person shall be convicted of an offence under subsection (2)
    (a) if he establishes that the statements communicated were true;
    (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
    (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
    (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

    And if anyone is wondering, "identifiable group" is defined as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."

    This is a terrible law.

    First of all it's plainly unclear what "willful promotion of hatred" means and how it would be applied.

    Second, the punishment here seems completely insane. Two years in prison and all it takes is for me to say, "I hate gays and you should too"?

    Third, it's unclear what exactly this is trying to solve. Why are we worried about hate groups in the United States? Has the Westboro Baptist Church exploded in popularity recently? Is there some measurable effect that we're looking for? Is there any way for us to tell if this law is accomplishing whatever goal it has?

    For as much as I hate the Westboro Baptist Church (Did I just commit a crime in Canada?) I don't want to see them in prison. They haven't caused the kind of the harm that deserves it. The only thing they've done is offend me.

    Also, for what it's worth, a two-year term of incarceration is the absolute maximum penalty available, and only the most extreme circumstances would warrant the prosecution seeking it.

    The fact that the government would maybe show you mercy except for "extreme" cases (that they define) where they throw the book at you is not very comforting. In fact, the harsh penalty intentionally chills some speech that would be near the line, because people fear triggering the law and then finding themselves begging for mercy before a judge.

    The absolutel maximum matters because that's the stick they beat you with to drive you away from even the possibility of a violation. Suggesting that "well, usually the government takes pity on you" makes it a much worse law, not a much better one.

    That's nice. Meanwhile, in the real world, judicial discretion in sentencing is a real thing that generally works pretty well.

    EDIT: Also, unless you're suggesting that judges are mere puppets to a highly political and secretive "the government", your use of "the government" is rather misleading here. And if that is what you're suggesting, then you have a real problem on your hands.
    Grouch on
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.

    So the problem isn't with the hate speech laws, it's with the American electorate.

    I agree completely.

    But you're willing to allow them to flex more of their morality muscle with the implementation of free speech regulations?

    It doesn't matter, its hypothetical as hell.

    But, again, the point is that there isn't anything wrong with the way other countries do it.

    Canada's laws make sense for Canada.

    Is the way we do it here best for us? Maybe. But its equally clear to me that with a better electorate you can have hate speech laws and a slightly more civil national discourse (slightly) without flying off the rails into 1984 territory.

    Maybe people who want to loudly trumpet that "our way is best" need to add the caveat "when you have as many mouthbreathers as we do."
  • LawndartLawndart Registered User regular
    edited May 2013
    I love the flip side to American exceptionalism where America is such a unique and shining diamond of human stupidity that it cannot be trusted with the same laws that other nations have because we have greased the slippery slope with deep-fried Twinkies.

    I would wonder why this nation of cretins can be trusted without restrictions on hate speech, if hate speech is so harmful that other more civilized nations have benefited from restricting it.
    Lawndart on
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  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    Lawndart wrote: »
    I love the flip side to American exceptionalism where America is such a unique and shining diamond of human stupidity that it cannot be trusted with the same laws that other nations have because we have greased the slippery slope with deep-fried Twinkies.

    I would wonder why this nation of cretins can be trusted without restrictions on hate speech, if hate speech is so harmful that other more civilized nations have benefited from restricting it.

    Hate speech is pretty harmful yeah.

    We're not exactly drowning in it here though. We're not on the verge of an ethnic cleansing or something.

    But since the argument of the day is "People cannot be trusted to regulate hate speech!"

    I will continue to point out that many other countries have succsessfully handled this responsibility. So if America cannot, it is in fact a flaw in America and not proof that we're secretly the very best.
  • tinwhiskerstinwhiskers Registered User regular
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    1)Prove its falseness. Find me the perfect hate speech law.|
    2) That's not a slippery slope, a hate speech law will lead to tyranny and enslavement is a slippery slope. A hate-speech law will chill other speech is just pointing out that it can have effects on speech outside of what was intended.

    You are basically sticking your hat on a rhetorical trick,
    It is possible to right a sufficiently narrow hate speech law, therefore any hate-speech law that over reached was simply not narrow enough.

    You never prove the first part. If it is so trivial why have other countries written ones that were over broad.

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.
  • AstaerethAstaereth Registered User regular
    Grouch wrote: »
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    I would define hate speech as false--presented as true--statements (the plural is key), directed at or about an identifiable group (using the statutory definition) intended to alienate, disenfranchise, and otherwise disempower the target group or, if believed, engender feelings of extreme hostility towards the target group.

    What does that mean in a practical sense? It means that South Park episodes are not hate speech, because South Park does not, to my knowledge, claim to be a documentary. It means that "I hate the WBC" is not hate speech because that's just a single statement of opinion and it is unlikely to have any effect on how members of the church feel, or people feel about members of the church. It means that "Mormons are bigots" is not hate speech because, again, that's just a single statement (and the truth of it is arguable). EDIT: Also not hate speech are things like "gay people should be allowed to get married" and "abortion should be legal". I hope I don't have to explain why.

    So what is hate speech? It almost always involves fairly substantial bodies of work, released over a significant period of time. The constitutional test case--because Canada enshrines the right to freedom of expression in its Charter of Rights and Freedoms--was R v. Keegstra. Mr. Keegstra was a high school teacher, and this is how the Supreme Court of Canada described his pattern of behaviour (over the course of about a decade):
    Mr. Keegstra's teachings attributed various evil qualities to Jews. He thus described Jews to his pupils as "treacherous", "subversive", "sadistic", "money-loving", "power hungry" and "child killers". He taught his classes that Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution. According to Mr. Keegstra, Jews "created the Holocaust to gain sympathy" and, in contrast to the open and honest Christians, were said to be deceptive, secretive and inherently evil. Mr. Keegstra expected his students to reproduce his teachings in class and on exams. If they failed to do so, their marks suffered.

    That kind of thing is hate speech.

    Another kind of expression that may fall under the hate speech umbrella is a demonstration meant to intimidate and insult a vulnerable minority. I don't know how R v. Krymowski shook out in the end (acquittals on what amounted to a technicality were appealed to the SCC, who sent it back to be tried again), but the behaviour that triggered it was something like this:
    On August 26, 1997, about 25 persons participated in a demonstration in front of the Lido Motel in Scarborough, Ontario, which at that time was temporarily housing the refugees while they awaited the outcome of their claims. The demonstration included chants and placards. The placards stated, among other things, “Honk if you hate Gypsies”, “Canada is not a Trash Can”, “You’re a cancer to Canada” and “G.S.T. — Gypsies Suck Tax”. The chants included statements such as “Gypsies Out”, “How do you like Canada now?” and “White power”. Some participants were seen giving the “Sieg Heil” Nazi salute. Nazi and American Confederate flags were used in the demonstration. Some of the clothing, accessories and footwear worn by the demonstrators was described as typical “Skinhead” accoutrements.

    That kind of thing could be hate speech.

    Those are both examples of hate speech, yes. I fail to see why they need special laws in order to deal with them, though. A high school teacher teaching things that aren't true should be fired, not prosecuted.

    If one statement about hating bigots doesn't qualify as hate speech, what about a counter-protest? That's likely to have an affect on how people feel about the group.

    Also, Confederate flags count as hate speech? Lock up the South! (Hey, maybe there's something to this hate speech law idea after all...)
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  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    edited May 2013
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    It depends on the country and the specific law in question.

    What is simply not true however is the assertion that it's impossible to write narrow hate speech laws, that it is inevitable that harmless or merely somewhat-controversial speech will get caught up in it, ie: the slippery slope.

    Unfortunately another attempt at legislating morality already provides an example.

    14 year olds sending pix of themselves nude being put on the sex offender registry, just as an example.

    I can guarantee that hate speech legislation will fall into the same thing. The social makeup of America is not homogenous, and what you call simply offensive, others (including our more conservative judges who enacted the sex offender example above) will call hate speak.

    As alarmist as Fox News is, you're essentially getting the snapshot of people in this country who make up a significant amount of the populace. And yes, many of them hold office and positions where they could leverage hate speech laws for the shit you see on that channel.

    So the problem isn't with the hate speech laws, it's with the American electorate.

    I agree completely.

    But you're willing to allow them to flex more of their morality muscle with the implementation of free speech regulations?

    It doesn't matter, its hypothetical as hell.

    But, again, the point is that there isn't anything wrong with the way other countries do it.

    Canada's laws make sense for Canada.

    Is the way we do it here best for us? Maybe. But its equally clear to me that with a better electorate you can have hate speech laws and a slightly more civil national discourse (slightly) without flying off the rails into 1984 territory.

    Maybe people who want to loudly trumpet that "our way is best" need to add the caveat "when you have as many mouthbreathers as we do."

    The only thing that other countries have accomplished is burying the hate speech into layers of gobbledegook. They haven't changed the underlying problems and the racism, xenophobia, and nationalistic attitudes continue unabated. Actually, the quickest way to give a social movement momentum is to bury it under a pile of legislation. Please see what happened with Islam in Central Asia during Soviet rule, marijuana culture, or explicit language in popular music. As long as Big Gov is "repressing" these things, it gives the perpetrators a sense of relevancy. If they are allowed to shout their bile from the tallest mountaintop and find nobody cares, it tends to take the wind out of their sails a bit.

    I mean, look at the KKK. By and large they are still the shitheads they've always been, but their actions have moderated in comparison to what they were in the 1960's. This wasn't fueled by anything other than the social change of accepting other races. There used to be millions of Klu Klux Klan members in the country, and now it's estimated to be a few measly thousand. As much as I hate to bring about the civil rights movement, it's relevant here because of the social response to it. The legislation created to enforce segregation was done away with, and then laws about harrassment, murder, and mob violence were simply enforced. No new hate speech laws were required, and although racism is still prevalent we now have black CEO's, black leading stars, and even a black president.

    So, in this day and age when we have sexual orientation slurs, religious persecution (and "persecution" in the case of Christians bitching about not being able to sing Christmas carols and Wal-Mart using a sign that says "happy holidays"), religious oppression, and even political party hate mongering... what exactly makes this time in our lives a special snowflake that requires legislation so people will stop using their potty mouths?
    jungleroomx on
  • tinwhiskerstinwhiskers Registered User regular
    Lawndart wrote: »
    I love the flip side to American exceptionalism where America is such a unique and shining diamond of human stupidity that it cannot be trusted with the same laws that other nations have because we have greased the slippery slope with deep-fried Twinkies.

    I would wonder why this nation of cretins can be trusted without restrictions on hate speech, if hate speech is so harmful that other more civilized nations have benefited from restricting it.

    Federalism has a lot to do with it. Foreign relations, defense and interstate trade are pretty much the only areas where the Fed has sole authority. CA can have it's own complete and tighter set of environmental laws, TX can be "don't give a fuck".

    But it works the other way as well. You can have Sanctuary Cities/States, and then you can have AZ immigration laws(although these are being challenged on the sole federal authority ground).
  • tinwhiskerstinwhiskers Registered User regular
    Astaereth wrote: »
    Also, Confederate flags count as hate speech? Lock up the South! (Hey, maybe there's something to this hate speech law idea after all...)

    This almost swung me too.
  • GrouchGrouch Registered User regular
    Astaereth wrote: »
    Grouch wrote: »
    saint2e wrote: »
    Perhaps this is a good point to define what hate speech is, and provide examples of what is and what isn't, so that a clear line can be seen.

    I would define hate speech as false--presented as true--statements (the plural is key), directed at or about an identifiable group (using the statutory definition) intended to alienate, disenfranchise, and otherwise disempower the target group or, if believed, engender feelings of extreme hostility towards the target group.

    What does that mean in a practical sense? It means that South Park episodes are not hate speech, because South Park does not, to my knowledge, claim to be a documentary. It means that "I hate the WBC" is not hate speech because that's just a single statement of opinion and it is unlikely to have any effect on how members of the church feel, or people feel about members of the church. It means that "Mormons are bigots" is not hate speech because, again, that's just a single statement (and the truth of it is arguable). EDIT: Also not hate speech are things like "gay people should be allowed to get married" and "abortion should be legal". I hope I don't have to explain why.

    So what is hate speech? It almost always involves fairly substantial bodies of work, released over a significant period of time. The constitutional test case--because Canada enshrines the right to freedom of expression in its Charter of Rights and Freedoms--was R v. Keegstra. Mr. Keegstra was a high school teacher, and this is how the Supreme Court of Canada described his pattern of behaviour (over the course of about a decade):
    Mr. Keegstra's teachings attributed various evil qualities to Jews. He thus described Jews to his pupils as "treacherous", "subversive", "sadistic", "money-loving", "power hungry" and "child killers". He taught his classes that Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution. According to Mr. Keegstra, Jews "created the Holocaust to gain sympathy" and, in contrast to the open and honest Christians, were said to be deceptive, secretive and inherently evil. Mr. Keegstra expected his students to reproduce his teachings in class and on exams. If they failed to do so, their marks suffered.

    That kind of thing is hate speech.

    Another kind of expression that may fall under the hate speech umbrella is a demonstration meant to intimidate and insult a vulnerable minority. I don't know how R v. Krymowski shook out in the end (acquittals on what amounted to a technicality were appealed to the SCC, who sent it back to be tried again), but the behaviour that triggered it was something like this:
    On August 26, 1997, about 25 persons participated in a demonstration in front of the Lido Motel in Scarborough, Ontario, which at that time was temporarily housing the refugees while they awaited the outcome of their claims. The demonstration included chants and placards. The placards stated, among other things, “Honk if you hate Gypsies”, “Canada is not a Trash Can”, “You’re a cancer to Canada” and “G.S.T. — Gypsies Suck Tax”. The chants included statements such as “Gypsies Out”, “How do you like Canada now?” and “White power”. Some participants were seen giving the “Sieg Heil” Nazi salute. Nazi and American Confederate flags were used in the demonstration. Some of the clothing, accessories and footwear worn by the demonstrators was described as typical “Skinhead” accoutrements.

    That kind of thing could be hate speech.

    Those are both examples of hate speech, yes. I fail to see why they need special laws in order to deal with them, though. A high school teacher teaching things that aren't true should be fired, not prosecuted.
    He was also fired. I'm curious why you think he should not have been prosecuted. Do you have an argument that doesn't rely on slippery slope concerns? Ordinarily, these debates proceed from the position that, because hate speech laws aren't on the books in the US, people in favour of hate speech laws need to convince opponents why the laws should exist. But now we're talking about a country that has hate speech laws on the books, so maybe you can argue why Canada should get rid of them.
    If one statement about hating bigots doesn't qualify as hate speech, what about a counter-protest? That's likely to have an affect on how people feel about the group.
    You tell me. I've given you a definition of hate speech. Describe a counter-protest in some detail, and then tell me how it is or is not hate speech, based on my definition.
    Also, Confederate flags count as hate speech? Lock up the South! (Hey, maybe there's something to this hate speech law idea after all...)
    I really don't want to play this stupid game. The law I quoted refers to "statements", the definition I provided emphasizes "statements" and I even drew further attention to the importance of the plural form. Given that, I hope you realize that it's transparently cheap and disingenuous to pull a single sign or statement out of a body of expression that might, when taken as a whole, constitute hate speech, and say "oh wow, you think this single thing is hate speech?"
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.
  • tinwhiskerstinwhiskers Registered User regular

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.
  • GrouchGrouch Registered User regular

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.

    Hate speech is not mean-offensive-controversial speech. Alabamans might find pro-LGBT rhetoric mean, they might find it offensive, they might find it controversial, but what it is not is false, explicitly directed at an identifiable group, or intended to engender feelings of extreme hostility towards any particular group. That is "what legally prevents Alabama from outlawing speech against the Traditional Family."
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.


    You have asked me to explain to you how language can be used to write a law that is narrow or broad, because you literally don't believe this is true without "proof".

    Either you're being a goose or? I have no answers that will satisfy you dude. I don't even know what you want at this point.
  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    Grouch wrote: »

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.

    Hate speech is not mean-offensive-controversial speech. Alabamans might find pro-LGBT rhetoric mean, they might find it offensive, they might find it controversial, but what it is not is false, explicitly directed at an identifiable group, or intended to engender feelings of extreme hostility towards any particular group. That is "what legally prevents Alabama from outlawing speech against the Traditional Family."

    But this isn't what's happening.

    They consider gay equal rights to be an attack on their way of life. They find the idea so objectionable that people have died because of it. All it takes is one case to set precedence and its over.
  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    Also lol @ "find me the perfect hate speech law" from the guy that whined when I said using Russia as an example of a first world democracy was a poor argument.

    Who is being picky now.
  • PantsBPantsB Registered User regular
    spool32 wrote: »
    Tinwhiskers gets it. This is a bulwark you cannot puncture for "god hates fags" without also allowing people to ban "a fetus is not a person".

    Look, Malcom X's rhetoric is chock full to the brim with straight-up hatespeech, and his successor even moreso. We needed to protect it though, because to stop hatespeech is to allow all sorts of other speech prevented purely on content, with no specific harm shown to any person.

    34,000 people in the LGBT community die from suicide each year. The rate is four times as high in the LGBT community in the 14-22 year old age bracket as comparable to heterosexuals.

    All of them had names and you can goddamn bet hatespeech had something to do with it.
    So you're saying that those assholes with their homosexual agenda are trying to legitimize a lifestyle that costs tends of thousands of lives a year?

    Its not too hard to come up with ex post facto justifications on why you think those who disagree with you shouldn't be allowed to do so.
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  • Regina FongRegina Fong Allons-y, Alonso Registered User regular
    Grouch wrote: »

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.

    Hate speech is not mean-offensive-controversial speech. Alabamans might find pro-LGBT rhetoric mean, they might find it offensive, they might find it controversial, but what it is not is false, explicitly directed at an identifiable group, or intended to engender feelings of extreme hostility towards any particular group. That is "what legally prevents Alabama from outlawing speech against the Traditional Family."

    But this isn't what's happening.

    They consider gay equal rights to be an attack on their way of life. They find the idea so objectionable that people have died because of it. All it takes is one case to set precedence and its over.

    What makes something hate speech isn't how objectionable it is.

    "Let us gays get married"

    and

    "All Jews out of Maine!"

    Are not comparable statements. Even if you really really really hate the gays and think that just by existing they are injuring you doesn't make the statements at all the same.

    Claiming that the first statement is any sort of "attack" is just spin.
  • spool32spool32 Contrary Library Registered User regular
    Grouch wrote: »
    spool32 wrote: »
    It strikes me as
    Grouch wrote: »
    Melkster wrote: »
    Grouch wrote: »
    Melkster wrote: »
    Question for the folks advocating for an anti-hate speech law:

    Is there an example of a well-written law in another country that would satisfy you? Or has someone already named it?

    It'd be nice to talk about something concrete here.

    You can find the text of Canada's criminal law regarding hate propaganda here.

    This is the meat of it:
    Public incitement of hatred

    319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Wilful promotion of hatred

    (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of
    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
    (b) an offence punishable on summary conviction.

    Defences

    (3) No person shall be convicted of an offence under subsection (2)
    (a) if he establishes that the statements communicated were true;
    (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
    (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
    (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

    And if anyone is wondering, "identifiable group" is defined as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."

    This is a terrible law.

    First of all it's plainly unclear what "willful promotion of hatred" means and how it would be applied.

    Second, the punishment here seems completely insane. Two years in prison and all it takes is for me to say, "I hate gays and you should too"?

    Third, it's unclear what exactly this is trying to solve. Why are we worried about hate groups in the United States? Has the Westboro Baptist Church exploded in popularity recently? Is there some measurable effect that we're looking for? Is there any way for us to tell if this law is accomplishing whatever goal it has?

    For as much as I hate the Westboro Baptist Church (Did I just commit a crime in Canada?) I don't want to see them in prison. They haven't caused the kind of the harm that deserves it. The only thing they've done is offend me.

    Also, for what it's worth, a two-year term of incarceration is the absolute maximum penalty available, and only the most extreme circumstances would warrant the prosecution seeking it.

    The fact that the government would maybe show you mercy except for "extreme" cases (that they define) where they throw the book at you is not very comforting. In fact, the harsh penalty intentionally chills some speech that would be near the line, because people fear triggering the law and then finding themselves begging for mercy before a judge.

    The absolutel maximum matters because that's the stick they beat you with to drive you away from even the possibility of a violation. Suggesting that "well, usually the government takes pity on you" makes it a much worse law, not a much better one.

    That's nice. Meanwhile, in the real world, judicial discretion in sentencing is a real thing that generally works pretty well.

    EDIT: Also, unless you're suggesting that judges are mere puppets to a highly political and secretive "the government", your use of "the government" is rather misleading here. And if that is what you're suggesting, then you have a real problem on your hands.

    Whaaaaaat

    Dude. The chilling effect of the maximum sentence being very high is the reason why they set the maximum sentence very high. Prosecutorial discretion is a thing that the government uses to get what it wants, be it leniency in exchange for rolling on your supplier, or reducing copyright violation by trying to fine a kid a few million dollars for downloading a Jay-Z album. Sure, not everybody is going to get the book thrown at them, but the threat of it is a deterrent even if almost no one gets the max.

    This is simplistic, commonly understood, universally deployed by district attorneys, and requires no conspiracy theory to accept.


    As an aside, I'm not sure what leads you to believe that judicial discretion works pretty well, or that it's something a defendant could possibly rely on. No lawyer is going to tell his client "hey, don't sweat. They could throw you in jail for years, but you'll probably get off with a fine you can afford."

    Because there's every chance you won't.
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  • spool32spool32 Contrary Library Registered User regular
    That is literally the definition of "the chilling effect".

    How is this not understood? I can only assume that people really, really love to rely on mercy and pity when interacting with their government.
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  • tinwhiskerstinwhiskers Registered User regular
    Grouch wrote: »

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.

    Hate speech is not mean-offensive-controversial speech. Alabamans might find pro-LGBT rhetoric mean, they might find it offensive, they might find it controversial, but what it is not is false, explicitly directed at an identifiable group, or intended to engender feelings of extreme hostility towards any particular group. That is "what legally prevents Alabama from outlawing speech against the Traditional Family."

    Alright lets try this for the millionth time.

    1)Legislatures are allowed to outlaw speech based on the ideas expressed by it.
    2)The legislature that passes the law defines what hate speech is.
    3)The legislature of Alabama is(being stereotypical but probably accurate), full of racist, homophobic bigots.
    Conclusion:
    4)The Alabama Legislature will pass anti-hate speech laws that will suppress LGBT causes.

    The only reason (4) doesn't happen now is because (1) is false.


    Tennessee for example passed a law that codified its own Anti-Discrimination statute....and also forbid any city from enforcing a different statute. This isn't because Tennessee wanted to stop ongoing racial/sexual/creed based discrimination. It wanted to supercede the Memphis(maybe Nashville) local ordinances that extended AD coverage to LGBT, by leaving them out of the state law.
  • HacksawHacksaw The "New Scum" Registered User regular
    edited May 2013
    Hacksaw wrote: »
    Hacksaw wrote: »
    Though seriously, Hacksaw is pretty much pulling a "lol 'Merica" here.

    J-Law32-floyd_zpsf837afca.gif

    Stunning rebuttal. I'd like to return one of my own, but I'd rather this thread stay open. Maybe with less "lol 'Merica" and "USA USA USA"?

    I'm fairly certain you have no idea where I stand on this issue if you think I'm pulling a "lol 'merica"

    Dude, you made a comment about racial/ethnic history in America being horrible, and how Europes was better.

    You deserve five lashes for the potential Godwinning.

    Modern America versus modern Europe (outside of abberant circumstances, of which I consider the Holocaust to be)? Yeah, we're pretty bad with all things race. Just because we have a black president doesn't someone mean race is no longer a factor in this country, as it has been for the past 200 years. Not by a long shot.

    EDIT: We're going to stop with the race tangent here because it's off-topic. You're free to split it off into your own thread, as I split this one from the LGBT thread, but it's not going to be discussed further here.
    Hacksaw on
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  • jungleroomxjungleroomx Inertiatic Dynamo Lawtonok, TexomaRegistered User regular
    Grouch wrote: »

    And you are once again ignoring the second point that people bring up. Once CA is allowed to outlaw gay bashing, because it doesn't find the speech of value, what legally prevents Alabama from outlawing speech against the Traditional Family.

    I guess maybe stop using Fox News as your translator from English to conservativease.

    "war on christmas"

    "attacks on traditional family"

    This is all demagoguery. As opposed to gay bashing, which is actually real and doesn't require spin to get to where it is a thing.

    Which doesn't answer the question at all.

    Hate speech is not mean-offensive-controversial speech. Alabamans might find pro-LGBT rhetoric mean, they might find it offensive, they might find it controversial, but what it is not is false, explicitly directed at an identifiable group, or intended to engender feelings of extreme hostility towards any particular group. That is "what legally prevents Alabama from outlawing speech against the Traditional Family."

    But this isn't what's happening.

    They consider gay equal rights to be an attack on their way of life. They find the idea so objectionable that people have died because of it. All it takes is one case to set precedence and its over.

    What makes something hate speech isn't how objectionable it is.

    "Let us gays get married"

    and

    "All Jews out of Maine!"

    Are not comparable statements. Even if you really really really hate the gays and think that just by existing they are injuring you doesn't make the statements at all the same.

    Claiming that the first statement is any sort of "attack" is just spin.

    Man has sex with 8 year old girl.

    Girl sends sexual pictures of herself to boyfriend.

    Are not comparable statements. Even if you really really really hate teen sexual behavior and think that just by existing they are injuring you doesn't make the statements at all the same.

    (And yet both are on the sex offender list)

    Dangers of legislating morality, m'irite?
  • tinwhiskerstinwhiskers Registered User regular
    edited May 2013
    Also lol @ "find me the perfect hate speech law" from the guy that whined when I said using Russia as an example of a first world democracy was a poor argument.

    Who is being picky now.

    No I complained when you decided to exclude: the UK & Norway.

    And you need to provide that example, if you are claiming its possible to produce one. You can't just say "it being impossible is false", and act like that makes it so. You are the one arguing the existence of a Unicorn; examples of horses with a horn glued on have been provided.
    tinwhiskers on
  • AntinumericAntinumeric Registered User regular
    spool32 wrote: »
    That is literally the definition of "the chilling effect".

    How is this not understood? I can only assume that people really, really love to rely on mercy and pity when interacting with their government.
    What is it like to fear your government so?

    In this moment, I am euphoric. Not because of any phoney God's blessing. But because, I am enlightened by my intelligence.
  • PantsBPantsB Registered User regular
    edited May 2013
    Regina, you really aren't amplifying the language that much. It goes back to what I said earlier about certain viewpoints precluding discussion. For many people (myself included), free speech is as much a moral issue as a political one. That's not going to leave much room for discussion, not just because we think our way is best, but because we feel any other way is morally wrong at best, actively harmful at worst.

    That doesn't leave much room for discussion, especially when it comes up against someone with an opposing, but equally moralistic position.

    I still want to know if such laws have any appreciable effect on other hate crimes (specifically violent hate crime). Without that, there is almost no chance of you convincing me the cost could ever be worth the benefit.

    It becomes jingoism when you forget that what is right for you might not be right for someone else.

    Presuming that American mores are more correct for Sweden than Sweden's mores are for Sweden is incomprehensibly arrogant.

    So what you're saying is that even if you think your side is the only moral one, it might not be right for someone else. And presuming your mores are more correct than someone else's mores is incomprehensibly arrogant.

    Do you not see the irony of using this position to criticize those saying that the state shouldn't presume to decide what is a valid position to express? Or that anti-gay expression is not morally equivalent to pro-gay expression and as such comparisons of those positions are invalid?
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  • HacksawHacksaw The "New Scum" Registered User regular
    Also lol @ "find me the perfect hate speech law" from the guy that whined when I said using Russia as an example of a first world democracy was a poor argument.

    Who is being picky now.

    No I complained when you decided to exclude: the UK & Norway.

    And you need to provide that example, if you are claiming its possible to produce one. You can't just say "it being impossible is false", and act like that makes it so. You are the one arguing the existence of a Unicorn; examples of horses with a horn glued on have been provided.

    Just going off of your two examples (UK and Norway):
    Norway prohibits hate speech, and defines it as publicly making statements that threaten or ridicule someone or that incite hatred, persecution or contempt for someone due to their skin colour, ethnic origin, homosexual orientation, religion or philosophy of life.[35] At the same time, the Norwegian Constitution guarantees the right to free speech, and there has been an ongoing public and judicial debate over where the right balance between the ban against hate speech and the right to free speech lies. Norwegian courts have been restrictive in the use of the hate speech law and only few persons have been sentenced for violating the law since its implementation in 1970.

    Satisfactory, yes?


    The UK's baseline law is as follows:
    A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
    (a) he intends thereby to stir up racial hatred, or
    (b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.

    With an added proviso for bullying (distress):
    A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he— (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.

    And there's a part that protects freedom of expression, too:
    Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.
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  • HacksawHacksaw The "New Scum" Registered User regular
    spool32 wrote: »
    That is literally the definition of "the chilling effect".

    How is this not understood? I can only assume that people really, really love to rely on mercy and pity when interacting with their government.

    It's them, or the warlords. I choose them.
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  • AntinumericAntinumeric Registered User regular
    edited May 2013
    Hacksaw wrote: »
    Also lol @ "find me the perfect hate speech law" from the guy that whined when I said using Russia as an example of a first world democracy was a poor argument.

    Who is being picky now.

    No I complained when you decided to exclude: the UK & Norway.

    And you need to provide that example, if you are claiming its possible to produce one. You can't just say "it being impossible is false", and act like that makes it so. You are the one arguing the existence of a Unicorn; examples of horses with a horn glued on have been provided.

    Just going off of your two examples (UK and Norway):
    Norway prohibits hate speech, and defines it as publicly making statements that threaten or ridicule someone or that incite hatred, persecution or contempt for someone due to their skin colour, ethnic origin, homosexual orientation, religion or philosophy of life.[35] At the same time, the Norwegian Constitution guarantees the right to free speech, and there has been an ongoing public and judicial debate over where the right balance between the ban against hate speech and the right to free speech lies. Norwegian courts have been restrictive in the use of the hate speech law and only few persons have been sentenced for violating the law since its implementation in 1970.

    Satisfactory, yes?


    The UK's baseline law is as follows:
    A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
    (a) he intends thereby to stir up racial hatred, or
    (b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.

    With an added proviso for bullying (distress):
    A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he— (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.

    And there's a part that protects freedom of expression, too:
    Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.
    Look man you have no idea how restricted my speech is here. I'm scared of opening my mouth lest the government come in jackboots and carry me off to gaol for two years.

    my only recourse is to post on US forums. They can't catch me there.
    Antinumeric on
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  • HacksawHacksaw The "New Scum" Registered User regular
    I read that as "boots in the mouth". My mind went places.

    Dirty places.
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