Limits on hate speech in Western democracies

(written by lawrence krubner, however indented passages are often quotes). You can contact lawrence at: lawrence@krubner.com

An interesting article about hate-speech:

The second kind of argument concerns hate itself, and the insidious effects that hateful ideologies have on individuals, groups, and the polity. EU reports make an effort to capture the essential nature and harms of hate (link). Hate incites mistrust, disrespect, discrimination, and violence against members of other groups. The social effects of hate are toxic and serious. Do these effects suffice to justify limiting hate speech?

This is a difficult argument to make within the context of US jurisprudence. The realm of law involves coercion, and it is agreed that the threshold for interfering with liberty is a high one. It is also agreed that legal justifications and definitions need to be clear and specific. How do we define hate? Is it explained in terms of well-known existing hatreds — racism, anti-semitism, islamophobia, homophobia, …? Or should it be defined in terms of its effects — inculcating disrespect and hostility towards members of another group? Can there be new hatreds in a society — antagonisms against groups that were previously accepted without issue? Are there legitimate “hatreds” that do not lead to violence and exclusion? Or is there an inherent connection between hatred and overt antagonism? And what about expressions like those of Charlie Hebdo — satire, humor, caricature? Is there a zone of artistic expression that should be exempt from anti-hate laws?

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