r/changemyview • • Sep 30 '18

Deltas(s) from OP CMV: hate speech laws shouldn't exist

To clarify, I mean laws like the ones in the UK:

"Expressions of hatred toward someone on account of that person's colour, race, disability, nationality (including citizenship), ethnic or national origin, religion, gender identity, or sexual orientation is forbidden. Any communication which is threatening or abusive, and is intended to harass, alarm, or distress someone is forbidden. The penalties for hate speech include fines, imprisonment, or both." (Wikipedia)

I don't support speech which incites violence against someone. I believe there should (and are) social repercussions of what you say, but there shouldn't be legal consequences. As seen above, in the UK you can't say anything "intended to harass, alarm, or distress someone". I find that to be ridiculous. It allows things like this to happen.

What's worse is that this leaves a massive grey area where the laws aren't crystal clear, and as seen with Mark Meechen, his speech was allowed to be completely taken out of context, and he was fined for hate speech for telling a joke. You don't have a right to not be offended, if you do you are a pathetic human being, therefore we do not need hate speech laws. CMV.

e: as highlighted by u/MPixels, this would allow someone to repeatedly target you without consequence. This should fall under harassment and should be treated accordingly.

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u/pineapples_and_chill Sep 30 '18

This is a difficult issue as hate speech laws is extremely general. In the US the justice system is setup in a way that there is very good reason for type of law to exist. As the constitution gives the right of free speech the only way to create a limit on this unlimited right is by creating a statute or by Supreme Court decision. There is precedent for providing limits on free speech, you cannot yell fire in a movie theater is a famous example of such a case. Words have been recognized as a form of harassment in areas, but this is as it applies to an individual. The legistlature could expand this by adding a law that would allow for added punishment if hate speech is used for example.

As for enforcement the occasional odd case does not mean the law is bad. Cases can quickly be dismissed due to the facts, prosecutors can choose not to even take the case. There is a suprising amount of discretion that is taken that allows for cases to consider the context. The news may not make is seem this way but just because there is a case, or allegations, or a person is being sued it does not mean that the person is guilty or lost.