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Fred Sanders

(23,946 posts)
Sat Oct 4, 2014, 12:42 PM Oct 2014

Is it time America adopt hate speech and/or hate propaganda laws?

The Criminal Code of Canada

Sections 318, 319, and 320 of the Code forbid hate propaganda.[4] "Hate propaganda" means "any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319."

Section 318 prescribes imprisonment for a term not exceeding five years for anyone who advocates genocide. The Code defines genocide as the destruction of an "identifiable group." The Code defines an "identifiable group" as "any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation."

Section 319 prescribes penalties from a fine to imprisonment for a term not exceeding two years for anyone who incites hatred against any identifiable group.

Under section 319, an accused is not guilty: (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.

Section 320 allows a judge to confiscate publications which appear to be hate propaganda.

http://en.m.wikipedia.org/wiki/Hate_speech_laws_in_Canada

____________________________

Seeing Pam Gellar and all of Fox News talking heads and executives in prison for 2 to 5 years, real prison, a penitentiary, not suspended, would be so worth it.

____________________________

"Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. The freedom of speech is not absolute; the Supreme Court of the United States has recognized several categories of speech that are excluded from the freedom, and it has recognized that governments may enact reasonable time, place, or manner restrictions on speech.

Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy are almost always permitted. There are exceptions to these general protections, including the Miller test for obscenity, child pornography laws, speech that incites imminent lawless action, and regulation of commercial speech such as advertising. Within these limited areas, other limitations on free speech balance rights to free speech and other rights, such as rights for authors over their works (copyright), protection from imminent or potential violence against particular persons (restrictions on fighting words), or the use of untruths to harm others (slander). Distinctions are often made between speech and other acts which may have symbolic significance."

http://en.m.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States

_______________________________

Edit: So, it appears the majority of folks at DU at this time of day are good with this, protected by the First Amendment?

"Wilhelmsen reported in his post that his group has raised $116,872.00 thus far to pay as a reward to anyone to completes the task of capturing and permanently removing President Obama from office. Of course, we can assume that by “permanently” he means kill him. The reward is to aid the perpetrator of the crime. Wilhelmsen removed the report of the amount of money raised from the post yesterday evening."

http://www.democraticunderground.com/10025620401

118 replies = new reply since forum marked as read
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Is it time America adopt hate speech and/or hate propaganda laws? (Original Post) Fred Sanders Oct 2014 OP
The First Amendment makes that impossible. NutmegYankee Oct 2014 #1
How so? Fred Sanders Oct 2014 #2
It is limited on content only where it constituties an immediate and direct threat to health/life. NutmegYankee Oct 2014 #12
It is limited to much more than that, including incitement to riot, false alarms, lots of things, Fred Sanders Oct 2014 #13
Why are you seemingly eager to limit free speech? n/t SickOfTheOnePct Oct 2014 #15
Why are you constructing strawmen? Fred Sanders Oct 2014 #16
Not a strawman at all SickOfTheOnePct Oct 2014 #20
Arguing the First Amendment allows it is an issue treestar Oct 2014 #114
Those fall under direct threat to health/life. NutmegYankee Oct 2014 #18
And many of the things being said in hate today do not? They are asking that someone kill our jwirr Oct 2014 #34
To be restricted speech must have the intent and the likelihood of causing imminent violence NutmegYankee Oct 2014 #50
So it is interpreted in a very narrow sense. And it is almost impossible to prove that the increased jwirr Oct 2014 #70
Just because a law is passed doesn't mean it is constitutional... NutmegYankee Oct 2014 #94
I know but I am also very afraid of the haters. They are already killing some of the ones they hate. jwirr Oct 2014 #103
Part of my extended family are decendents of Holocaust survivors. NutmegYankee Oct 2014 #107
We did do that during the civil rights movement. I don't exactly know how we did it but for years jwirr Oct 2014 #110
PC speech went really overboard and killed itself. NutmegYankee Oct 2014 #111
Yes, it is n/t SickOfTheOnePct Oct 2014 #52
First Amendmend for free speech and press is sacrosanct Cayenne Oct 2014 #3
Nope. Iggo Oct 2014 #4
No! superpatriotman Oct 2014 #5
No fucking way. name not needed Oct 2014 #6
I don't support hate-speech laws. ZombieHorde Oct 2014 #7
No n/t SickOfTheOnePct Oct 2014 #8
Really bad idea. temporary311 Oct 2014 #9
That is so offensive but I defend his right to be a jerk. DemocratSinceBirth Oct 2014 #10
As a Christian, I find that behavior very offensive Nye Bevan Oct 2014 #25
That is not evidence of a hate speech crime - it is evidence of your bad taste and bad judgment. Fred Sanders Oct 2014 #11
This is not hate speech. It's just someone who is underthematrix Oct 2014 #26
He's not peeing on it. temporary311 Oct 2014 #40
He's not peeing. He called the photo 'Jesus Loves Me'.... Bluenorthwest Oct 2014 #41
It is a manifestly terrible idea hifiguy Oct 2014 #14
FSM 50th anniversary October 1, 2014 antiquie Oct 2014 #17
Driving hatred underground XemaSab Oct 2014 #19
We should adopt a fairness doctrine of sorts. For every outrageous lie told, there Cleita Oct 2014 #21
Nope. Not needed in 2014. You are free to start your own website to counter Limbaugh, Nye Bevan Oct 2014 #24
No. It's needed. I live in an area that has only right wing radio. When Cleita Oct 2014 #29
"Constantly served up right wing talking points...", that is the problem with the media in general. Fred Sanders Oct 2014 #49
So for example, if President Obama is on TV for 10 minutes talking about how we should attack ISIS, Nye Bevan Oct 2014 #81
I didn't know President Obama was a journalist. Cleita Oct 2014 #83
the fairness doctrine stipulated you had to give both sides of an argument spanone Oct 2014 #117
Orwellian "Ministry of Truth" -- No thanks Cayenne Oct 2014 #47
Why would it have to be Orwellian? Cleita Oct 2014 #48
How could it not be? Throd Oct 2014 #56
How old are you? I remember when we had real news from real journalists Cleita Oct 2014 #64
Yep,we need more Walter's Go Vols Oct 2014 #82
Not old enough to look misty-eyed at yesteryear's journalism as some golden age of truth and reason Throd Oct 2014 #85
We had the Fairness Doctrine when there were a limited number of GGJohn Oct 2014 #58
Like anything else the mechanics of how things work need to be Cleita Oct 2014 #63
How hard is it to click on a link? GGJohn Oct 2014 #69
Most people don't, but they listen to the radio and watch the evening news. Cleita Oct 2014 #75
So who gets to serve as the Government's Official Arbiter of Truth? tritsofme Oct 2014 #65
Why is presenting both points of view considered seditious? Cleita Oct 2014 #66
I am responding to your suggestion that someone in government, perhaps Rush Limbaugh, tritsofme Oct 2014 #68
Huh? I said nothing of the sort. Cleita Oct 2014 #72
Well you did specifically say that you want the government to regulate "truth" in political ads. tritsofme Oct 2014 #76
+100. GGJohn Oct 2014 #80
Please quote where I said government should regulate truth. Cleita Oct 2014 #84
Please reread the last two sentences of your #21 tritsofme Oct 2014 #87
Nice strawman. Neither sentence advocates regulating truth. Cleita Oct 2014 #89
And again, I ask who shall serve as the Government's Official Arbiter of Truth? tritsofme Oct 2014 #91
Strawman again. There is no position of Official Arbiter of Truth. Cleita Oct 2014 #95
"Official Arbiter of Truth", nice slogan, someone who worries about that strawman while not Fred Sanders Oct 2014 #104
While you fantasize about jailing political opponents... tritsofme Oct 2014 #113
so you also believe backwoodsbob Oct 2014 #100
Actually it should. Cleita Oct 2014 #101
good answer backwoodsbob Oct 2014 #102
Equal time for flat Earthers and sane people would have to be exempt, stuff like that though. Fred Sanders Oct 2014 #105
The problem is that Michelle, Sarah and many others get more than equal time Cleita Oct 2014 #106
Evangelical Christian District Attorneys in the South would postively salivate over such laws. Nye Bevan Oct 2014 #22
That cuts both ways. They would have to ratchet back their hate speech too, Cleita Oct 2014 #33
No. Chan790 Oct 2014 #23
Does this mean that you think only RWers say hateful things? Dreamer Tatum Oct 2014 #31
No. It means that I believe enforcement would be one-sided. n/t Chan790 Oct 2014 #38
Hell no. nt Crabby Appleton Oct 2014 #27
yes, similar to Canada or the EU 'laws' against hate speak. yes. fines & jailtime should stay low. Sunlei Oct 2014 #28
Any religion that teaches some minorities are not equal people should then be counted as a hate Bluenorthwest Oct 2014 #39
Haven't noticed any 'hate talk' arrests in Canada or the EU with their churches? Sunlei Oct 2014 #45
Because religions get special permission for hate speech against gays. Kurska Oct 2014 #93
NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO, GGJohn Oct 2014 #30
No, too early B_Mann Oct 2014 #32
If and when that time does come, (hopefully never) GGJohn Oct 2014 #37
That someone would have the power to define it hifiguy Oct 2014 #67
Of course not. Bluenorthwest Oct 2014 #35
"I don't like it when people say hateful things". "Therefore there should be a law against it". Nye Bevan Oct 2014 #42
Why? Dr. Strange Oct 2014 #44
You'd have to do some talking to convince me the OP is 'on the left'. Bluenorthwest Oct 2014 #88
That's not going to happen. MineralMan Oct 2014 #36
I'm thinking... cherokeeprogressive Oct 2014 #43
A Democratic controlled government should be able to restrict the free speech we don't like. hughee99 Oct 2014 #46
I'm glad you added that sarcasm smiley. NaturalHigh Oct 2014 #73
No Marrah_G Oct 2014 #51
Fuck no! Read up on abortion that the Canadian Human Rights Commision became. LostInAnomie Oct 2014 #53
This is the kind of free speech at all costs thinking that resulted in Citizens United. Fred Sanders Oct 2014 #54
Bullshit. LostInAnomie Oct 2014 #60
FUCK NO TIMES INFINITY!!!!! Throd Oct 2014 #55
I would oppose it to my dying breath. Speech should be met with more speech, not the strong hand tritsofme Oct 2014 #57
Well said. GGJohn Oct 2014 #59
Thank you! NutmegYankee Oct 2014 #61
No, for two reasons. Jackpine Radical Oct 2014 #62
No. Such laws would be abused by people from every corner of the political spectrum. NaturalHigh Oct 2014 #71
i'm kinda curious? GGJohn Oct 2014 #74
Wow, I missed that. Absolutely disgusting. tritsofme Oct 2014 #77
That sentence made my ears perk up and say wow, GGJohn Oct 2014 #79
Maybe, instead, you could emigrate to Canada and MineralMan Oct 2014 #78
I'm very, very happy to see the overwhelmingly negative response to this OP. Nye Bevan Oct 2014 #86
+10^23! I'm also very, very sad to see authoritarianism advocated at DU friendly_iconoclast Oct 2014 #92
Seeking to limit what a free citizen can say is not progressive. Kurska Oct 2014 #90
In a word - No. GoneOffShore Oct 2014 #96
Maybe. moondust Oct 2014 #97
I have an idea. woo me with science Oct 2014 #98
The First Amendment works just fine. And it does not protect threats to the POTUS. Warren DeMontague Oct 2014 #99
No, it's not. And it's certainly not time for laws of the sort of petronius Oct 2014 #108
Let's Kick this authoritarian viewpoint back to the top. NutmegYankee Oct 2014 #109
No. sakabatou Oct 2014 #112
How do places like Canada have such laws and stay civilized? treestar Oct 2014 #115
No (nt) bigwillq Oct 2014 #116
I'm staying out of this one. Who needs butter? Initech Oct 2014 #118

Fred Sanders

(23,946 posts)
2. How so?
Sat Oct 4, 2014, 12:45 PM
Oct 2014

Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. The freedom of speech is not absolute; the Supreme Court of the United States has recognized several categories of speech that are excluded from the freedom, and it has recognized that governments may enact reasonable time, place, or manner restrictions on speech.

Fred Sanders

(23,946 posts)
13. It is limited to much more than that, including incitement to riot, false alarms, lots of things,
Sat Oct 4, 2014, 12:59 PM
Oct 2014

please see links.

SickOfTheOnePct

(7,290 posts)
20. Not a strawman at all
Sat Oct 4, 2014, 01:05 PM
Oct 2014

You started a thread asking if it is time for the U.S. to institute hate speech laws, and then when people tell you why the First Amendment prohibits it, seem to keep pushing the idea that the First Amendment would allow such laws.

There is no question that enacting hate speech laws would limit free speech. And I stated that you are "seemingly" in favoring such laws.

What exactly do you consider "strawman"?

treestar

(82,383 posts)
114. Arguing the First Amendment allows it is an issue
Sun Oct 5, 2014, 06:19 PM
Oct 2014

You can counter-argue the first And does not. Still, the poster is not arguing repeal of the First Amd. I don't think the Canadian law would survive the First Amd., but it could be argued. Likely not clear and imminent danger. Advocating genocide without being able to pull it off. Falls in the category of "I'd rather know they think this way as soon as possible" rather than suppress it and let them fester until they are powerful enough to cause damage.

jwirr

(39,215 posts)
34. And many of the things being said in hate today do not? They are asking that someone kill our
Sat Oct 4, 2014, 01:53 PM
Oct 2014

president, they approve of the killing of certain races in their hate speech, the say a woman who has had an abortion should be hanged, they incite the killing of abortion doctors, etc. And it is all freedom of speech?

NutmegYankee

(16,199 posts)
50. To be restricted speech must have the intent and the likelihood of causing imminent violence
Sat Oct 4, 2014, 02:45 PM
Oct 2014

None of those examples met that standard.

And for the record - WHY THE FUCK DO I HAVE TO DEFEND FREE SPEECH ON A LIBERAL WEBSITE? The first thing the right would do is turn the hate laws against us.

jwirr

(39,215 posts)
70. So it is interpreted in a very narrow sense. And it is almost impossible to prove that the increased
Sat Oct 4, 2014, 03:19 PM
Oct 2014

violence in our country is connected to any specific speech etc. So even when we have a law we cannot enforce it.

As to why you have to defend free speech here - I was not advocating it. I was talking about how I see certain hate speeches being a threat to life and the incitement of violence. I am not sure as I said above that any law could change that.

I honestly do not think that anything we do can change the hate that raygun unloosed in this country. Starting with people on welfare. The thing that I think will finally end it is the day that the minorities that are subjected to all this hate finally are a true majority of the voters and the haters finally are outnumbered.

However, with voter obstruction and the takeover of the government by corporations that day may never come - we will just go from being hated to being non-citizens who have no power. IMO that day is not far off. Hate is winning.

NutmegYankee

(16,199 posts)
94. Just because a law is passed doesn't mean it is constitutional...
Sat Oct 4, 2014, 04:43 PM
Oct 2014

Law and rights are two different often opposing principles. Every totalitarian state obeyed the law. The laws just legalized the totalitarian methods. When we start to discuss the abridgement or infringement of civil rights, we are stepping ever closer to such a society.

jwirr

(39,215 posts)
103. I know but I am also very afraid of the haters. They are already killing some of the ones they hate.
Sat Oct 4, 2014, 05:26 PM
Oct 2014

I guess the two go together: the hate and the totalitarian rule. At least they did in Nazi Germany. My family consists of a lot of people who would have been in the concentration because they were disabled. I usually react from that vantage point. I guess this is the one place I need to control my fear.

NutmegYankee

(16,199 posts)
107. Part of my extended family are decendents of Holocaust survivors.
Sat Oct 4, 2014, 06:20 PM
Oct 2014

Rather than smash speech we dislike, we should use our speech to directly counter the haters and make them pariahs of society.

jwirr

(39,215 posts)
110. We did do that during the civil rights movement. I don't exactly know how we did it but for years
Sat Oct 4, 2014, 08:51 PM
Oct 2014

language that was so called "politically incorrect" was really frowned on. Then in the 80s it seemed to spring back to life and they are so hardened to us now that I don't exactly know how to counter it. I do some lobbying for the developmentally disabled and for those who are mentally ill but that is mostly with government officials. I guess that is what you are talking about.

One somewhat funny situation in my own family kind of backfired on me. In doing genealogy I traced part of my family back to a black family here in NE MN. One of my grandsons was very proud of it and is now a rapper. A rapper with all the words I hate so much. So I tried to tell him why he should not do that. He was furiously mad at me and I assume with cause. I no longer get to hear his music. I have been told that he is good.

It was such a nice world when most of us respected each other and care about the country we live in.

NutmegYankee

(16,199 posts)
111. PC speech went really overboard and killed itself.
Sat Oct 4, 2014, 08:58 PM
Oct 2014

Once we got to calling poor "economically challenged" it just self destructed. It wasn't a resurgence of hate - the PC just got too ridiculous for society. And that is one thing to keep in mind. Both sides can overreach. We should only try to reform speech that is actively used to degrade and attack other people. In other areas, euphemisms do nothing.

Cayenne

(480 posts)
3. First Amendmend for free speech and press is sacrosanct
Sat Oct 4, 2014, 12:47 PM
Oct 2014

Also a slippery slope to totalitarianism as anything can be twisted to mean hate.

ZombieHorde

(29,047 posts)
7. I don't support hate-speech laws.
Sat Oct 4, 2014, 12:52 PM
Oct 2014

I respect the motives I perceive from those who do support those laws, but I think our punishment culture adds to the overall culture of violence we experience here in the US.

temporary311

(955 posts)
9. Really bad idea.
Sat Oct 4, 2014, 12:53 PM
Oct 2014

Considering there are folks even on this forum who think [img][/img] is a hate crime, I'd hate to see what gets classed as "hate speech."

DemocratSinceBirth

(99,710 posts)
10. That is so offensive but I defend his right to be a jerk.
Sat Oct 4, 2014, 12:56 PM
Oct 2014

With hate speech laws that moron would be in the hoosegow.

underthematrix

(5,811 posts)
26. This is not hate speech. It's just someone who is
Sat Oct 4, 2014, 01:44 PM
Oct 2014

very immature and didn't have a lot of home training. I mean why would you pee on a symbol that so many people revere? It's stupid.

temporary311

(955 posts)
40. He's not peeing on it.
Sat Oct 4, 2014, 02:00 PM
Oct 2014

He took a picture posed in such a way to look like the statue was giving him a bj. And he's been charged with "desecration."

 

Bluenorthwest

(45,319 posts)
41. He's not peeing. He called the photo 'Jesus Loves Me'....
Sat Oct 4, 2014, 02:03 PM
Oct 2014

think about it for a minute. It's hilarious, and it is excellent satire upon the homophobia of the religious set.

 

hifiguy

(33,688 posts)
14. It is a manifestly terrible idea
Sat Oct 4, 2014, 12:59 PM
Oct 2014

and, thankfully, the last 100+ years of First Amendment jurisprudence would make it impossible. And FWIW, Miller is deader than Dillinger though it remains on the books. Incitement to imminent lawless action is a tight enough definition to be constitutional and that is as far as it should ever go.

Cleita

(75,480 posts)
21. We should adopt a fairness doctrine of sorts. For every outrageous lie told, there
Sat Oct 4, 2014, 01:27 PM
Oct 2014

should be a provision for equal time for a spokesperson of equal expertise to debunk what was claimed by perhaps Rush Limbaugh. I mean Rush's show should be followed by let's say Thom Hartmann. What we need is equal access to all information out there not just selected propaganda. As far as political ads they should be held to a truth standard. I mean all claims made should have a source provided for facts like the drug ads have to give you a list of side effects of taking that drug.

Nye Bevan

(25,406 posts)
24. Nope. Not needed in 2014. You are free to start your own website to counter Limbaugh,
Sat Oct 4, 2014, 01:39 PM
Oct 2014

or anyone you please. And it is impossible to hold political ads to a "truth standard"; political ads are replete with half-truths and statements that are true but misleading, more so than actual lies.

Cleita

(75,480 posts)
29. No. It's needed. I live in an area that has only right wing radio. When
Sat Oct 4, 2014, 01:48 PM
Oct 2014

you go to a public place with a TV like the gym or a waiting room somewhere they have Fox News or CNN on because the local cable provider has placed other news services like MSNBC or Al Jazeera as premium channels. Recently at the gym an edict was served by the cable company that those are the only two news channels allowed and they are not to be switched. The rest of the TVs are permanently on various sports channels.

This is the reason I'm constantly served up RW talking points from people I know who don't spend a lot of time on the internet like I do. Say whatever you like and spew all the partisan BS you like, but the other side and the fact based community need equal time and it needs to be a law.

Nye Bevan

(25,406 posts)
81. So for example, if President Obama is on TV for 10 minutes talking about how we should attack ISIS,
Sat Oct 4, 2014, 03:51 PM
Oct 2014

that TV channel would be required to devote 10 minutes of time immediately after that to someone who was opposed to attacking ISIS?

Just wondering about the practicalities of such a law.

Cleita

(75,480 posts)
83. I didn't know President Obama was a journalist.
Sat Oct 4, 2014, 04:01 PM
Oct 2014

However, if he were delivering a campaign message for Hillary, sure it would be only fair to put up a spokesperson who opposes her.

spanone

(135,824 posts)
117. the fairness doctrine stipulated you had to give both sides of an argument
Sun Oct 5, 2014, 06:48 PM
Oct 2014

not a 'truth standard'.

The Fairness Doctrine was a policy of the United States Federal Communications Commission (FCC), introduced in 1949, that required the holders of broadcast licenses to both present controversial issues of public importance and to do so in a manner that was, in the Commission's view, honest, equitable and balanced. The FCC eliminated the Doctrine in 1987, and in August 2011 the FCC formally removed the language that implemented the Doctrine.[1]

The Fairness Doctrine had two basic elements: It required broadcasters to devote some of their airtime to discussing controversial matters of public interest, and to air contrasting views regarding those matters. Stations were given wide latitude as to how to provide contrasting views: It could be done through news segments, public affairs shows, or editorials. The doctrine did not require equal time for opposing views but required that contrasting viewpoints be presented.[2]

The main agenda for the doctrine was to ensure that viewers were exposed to a diversity of viewpoints. In 1969 the United States Supreme Court upheld the FCC's general right to enforce the Fairness Doctrine where channels were limited. But the courts did not rule that the FCC was obliged to do so.[3] The courts reasoned that the scarcity of the broadcast spectrum, which limited the opportunity for access to the airwaves, created a need for the Doctrine. However, the proliferation of cable television, multiple channels within cable, public-access channels, and the Internet have eroded this argument, since there are plenty of places for ordinary individuals to make public comments on controversial issues at low or no cost at all.

The Fairness Doctrine should not be confused with the Equal Time rule. The Fairness Doctrine deals with discussion of controversial issues, while the Equal Time rule deals only with political candidates.

http://en.wikipedia.org/wiki/Fairness_Doctrine

Cleita

(75,480 posts)
48. Why would it have to be Orwellian?
Sat Oct 4, 2014, 02:40 PM
Oct 2014

We used to have the fairness doctrine at one time and actually it worked quite well to counteract propaganda. What we have today is the Ministry of Truth where only one side is on all the MSM and the rest of the news is either ignored or suppressed.

Cleita

(75,480 posts)
64. How old are you? I remember when we had real news from real journalists
Sat Oct 4, 2014, 03:08 PM
Oct 2014

on broadcast news and newspapers. We need to do that again. People who are busy working and raising children need that hour a day of being educated on current events by real journalists.

Throd

(7,208 posts)
85. Not old enough to look misty-eyed at yesteryear's journalism as some golden age of truth and reason
Sat Oct 4, 2014, 04:06 PM
Oct 2014

But old enough to remember news only available on ABC, CBS & NBC.

Oh,,,and Channel 40 where you could see what caught on fire locally.

GGJohn

(9,951 posts)
58. We had the Fairness Doctrine when there were a limited number of
Sat Oct 4, 2014, 02:57 PM
Oct 2014

radio/TV stations.

In today's world, with almost unlimited sources of info, via the internet, hundreds upon hundreds of TV/radio stations, the Fairness Doctrine is, IMO, an unneeded dinosaur of a bygone era.

Cleita

(75,480 posts)
63. Like anything else the mechanics of how things work need to be
Sat Oct 4, 2014, 03:04 PM
Oct 2014

updated. However, the principle remains the same of having an informed public that doesn't have to jump through hoops and over obstacles to access information. Propaganda is propaganda when all people get is one POV thrown at them constantly and relentlessly.

GGJohn

(9,951 posts)
69. How hard is it to click on a link?
Sat Oct 4, 2014, 03:18 PM
Oct 2014

The amount of info out there in cyberspace is unlimited and easy to find these days, no jumping through hoops or over obstacles to access info.
The Fairness Doctrine was needed at one time, but, IMO, not anymore.

Cleita

(75,480 posts)
75. Most people don't, but they listen to the radio and watch the evening news.
Sat Oct 4, 2014, 03:30 PM
Oct 2014

Since the airwaves and broadcast stations are owned by huge corporations they will not give unbiased news unless forced to by law, what we know as regulations.

Oh as far as the internet, the only person I know who clicks on news links is a fellow DUer. Everyone else is doing Facebook, shopping on line or looking at cat videos or porn. No you are living in poppy land if you think people are being informed on the Internet.

tritsofme

(17,376 posts)
65. So who gets to serve as the Government's Official Arbiter of Truth?
Sat Oct 4, 2014, 03:09 PM
Oct 2014

Perhaps a Republican president would appoint Rush Limbaugh to the position? Are you comfortable with that?

Cleita

(75,480 posts)
66. Why is presenting both points of view considered seditious?
Sat Oct 4, 2014, 03:13 PM
Oct 2014

This is what those kids in Colorado are protesting about, getting all the information about our history and making up their own minds from that. I can't believe the average high school kid gets it and DUers don't.

tritsofme

(17,376 posts)
68. I am responding to your suggestion that someone in government, perhaps Rush Limbaugh,
Sat Oct 4, 2014, 03:18 PM
Oct 2014

set a "truth" standard for regulating political speech.

The problem of course is that perceptions of "truth" are very subjective, and Mr. Limbaugh's definition may vary slightly from your own, but you are arguing to give him or someone like him such power to regulate political speech. No thanks.

Cleita

(75,480 posts)
72. Huh? I said nothing of the sort.
Sat Oct 4, 2014, 03:25 PM
Oct 2014

Since Rush Limbaugh pollutes my airwaves everyday, I would like Thom Hartmann get the same time on the same airwaves. That's all and that would be fair. Instead I have to get Thom on premium cable or the internet something that the guy driving around in his car listening to the radio can't do unless the radio station plays Thom too. Since our airwaves have been taken over by corporate behemoths they have to be regulated by laws into doing the right thing.

tritsofme

(17,376 posts)
76. Well you did specifically say that you want the government to regulate "truth" in political ads.
Sat Oct 4, 2014, 03:35 PM
Oct 2014

And speech. That is what I am responding to.

In an era of unlimited media through cable and internet, I think Fairness Doctrine is old and outdated, and not worth arguing about.

Cleita

(75,480 posts)
84. Please quote where I said government should regulate truth.
Sat Oct 4, 2014, 04:05 PM
Oct 2014

I said both sides should be presented, not just one biased side and then we can decide what the truth is. I said if the corporate media is unwilling to be unbiased then yeah, we need to make them present all sides of a issue equally. I never said government should regulate the truth. tsk, tsk you should be ashamed of yourself for such an allegation.

tritsofme

(17,376 posts)
87. Please reread the last two sentences of your #21
Sat Oct 4, 2014, 04:21 PM
Oct 2014

What else can it be called but advocating for government to define political truth?

Cleita

(75,480 posts)
89. Nice strawman. Neither sentence advocates regulating truth.
Sat Oct 4, 2014, 04:25 PM
Oct 2014

Asking politicians to defend their statements to make sure they aren't lying isn't regulating the truth but exposing lies.

tritsofme

(17,376 posts)
91. And again, I ask who shall serve as the Government's Official Arbiter of Truth?
Sat Oct 4, 2014, 04:31 PM
Oct 2014

And define what is a "lie" within political speech?

A Republican president may choose Rush Limbaugh for the position. He may have a different idea from you over what constitutes a "lie".

Cleita

(75,480 posts)
95. Strawman again. There is no position of Official Arbiter of Truth.
Sat Oct 4, 2014, 04:44 PM
Oct 2014

We do have the FCC an agency that is supposed to be enforcing regulations in all areas of communication. I assume if Congress upholds the Fairness Doctrine again, they would be the enforcers.

Since Rush says nothing but lies and half truths, I would be happy if his show was followed by Thom Hartmann or Bill Press on the same station. No one is saying he can't do what he does but that those who have opposing views like in dealing with factual information should have equal access to the airwaves which technically belong to the people. They don't.

I met the manager of the station that runs Rush's show locally and asked him why not put Thom or Bill on the air after Rush in the interest of "fair and balanced" and he told me it would never happen. So apparently it will take a law to make these stations do the right thing.

Fred Sanders

(23,946 posts)
104. "Official Arbiter of Truth", nice slogan, someone who worries about that strawman while not
Sat Oct 4, 2014, 05:28 PM
Oct 2014

perhaps realizing the major media are the real thing.

 

backwoodsbob

(6,001 posts)
100. so you also believe
Sat Oct 4, 2014, 05:01 PM
Oct 2014

anytime a progressive gets any airtime it must be followed by a repuke getting equal airtime?

We don't need laws like this

Cleita

(75,480 posts)
101. Actually it should.
Sat Oct 4, 2014, 05:07 PM
Oct 2014

That's what real freedom of speech is about and used to be about because when both sides get equal say, the liars will be exposed and will have to correct themselves. That's how it was in the past when we had the fairness doctrine. Nowadays only the liars are heard and there is no one to hold their feet to the fire and challenge them to tell the truth.

Fred Sanders

(23,946 posts)
105. Equal time for flat Earthers and sane people would have to be exempt, stuff like that though.
Sat Oct 4, 2014, 05:33 PM
Oct 2014

And Michelle Bachmann, no matter what, no air time, period.

Cleita

(75,480 posts)
106. The problem is that Michelle, Sarah and many others get more than equal time
Sat Oct 4, 2014, 05:39 PM
Oct 2014

and no one challenges them. I'm sure the flat earthers will in time. The climate deniers and creationists are already getting more than their due in the media. I think they should be able to say what they want. It's their right, but it's also a right for the scientists and opposing views to be able to challenge the directly and most of the time this isn't happening.

I don't now if we need the same laws as Canada's but we need something.

Nye Bevan

(25,406 posts)
22. Evangelical Christian District Attorneys in the South would postively salivate over such laws.
Sat Oct 4, 2014, 01:36 PM
Oct 2014

The competition to be the first to imprison somebody for "hate speech against Christianity" would be quite unseemly.

Cleita

(75,480 posts)
33. That cuts both ways. They would have to ratchet back their hate speech too,
Sat Oct 4, 2014, 01:52 PM
Oct 2014

although I agree that speech should not be censored. This is why I think both sides have to have equal access to the media. As it is today only one side is getting their message out and the other side is being muted through corporate media censorship.

 

Chan790

(20,176 posts)
23. No.
Sat Oct 4, 2014, 01:37 PM
Oct 2014

Let's be honest about this...the GOP would still say hateful things, then liberals would get smacked with the fines and jail-time for rebutting the hateful things that Palin and Rush say under those hate speech laws.

Because our leaders and elected officials are quisling wankers who would bend over to placate America's enemies in the name of fairness and compromise...and theirs are not.

Sunlei

(22,651 posts)
28. yes, similar to Canada or the EU 'laws' against hate speak. yes. fines & jailtime should stay low.
Sat Oct 4, 2014, 01:48 PM
Oct 2014

Known hate groups like kkk, nazi, JBS should have public membership lists.

 

Bluenorthwest

(45,319 posts)
39. Any religion that teaches some minorities are not equal people should then be counted as a hate
Sat Oct 4, 2014, 01:58 PM
Oct 2014

group. That would include all the anti gay preachers, priests and imams as well as those who follow them. I mean, the Pope that half of DU loves urges his followers that stopping gay rights is 'God's war which we must fight'. That is an incitement to violence. War means killing the enemy. Would you support jail for that? Or would you say that it is not hate speech to say 'God wants you to go to war on that minority group for their sins'?

Sunlei

(22,651 posts)
45. Haven't noticed any 'hate talk' arrests in Canada or the EU with their churches?
Sat Oct 4, 2014, 02:21 PM
Oct 2014

"Or would you say that it is not hate speech to say 'God wants you to go to war on that minority group for their sins'?"

To me that is not hate speech. It's just some 'political 'religious' speakers' are evil people. Wish all 'overly-religious' political churches would go away already, but they have to many cult members. Anyone who says "God told me" or "God wants you" is nuts. IMO!

Americas churches, (most of them anyway) are still very segregated 'cult like', not segregated just by race either.

Kurska

(5,739 posts)
93. Because religions get special permission for hate speech against gays.
Sat Oct 4, 2014, 04:42 PM
Oct 2014

Just like every authoritarian law, it would be unequally enforced.

Even bigger reason to say fuck no to hate speech laws.

GGJohn

(9,951 posts)
30. NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO,
Sat Oct 4, 2014, 01:49 PM
Oct 2014

AND JUST IN CASE I DIDN'T MAKE MYSELF CLEAR, HELL FUCKING NO.

GGJohn

(9,951 posts)
37. If and when that time does come, (hopefully never)
Sat Oct 4, 2014, 01:55 PM
Oct 2014

then we as a nation are lost, and just who gets to define what hate speech is?

 

hifiguy

(33,688 posts)
67. That someone would have the power to define it
Sat Oct 4, 2014, 03:17 PM
Oct 2014

is the second most important reason it should never happen. The First Amendment being the, well, first. I trust no one, including myself to have that kind of power.

Nye Bevan

(25,406 posts)
42. "I don't like it when people say hateful things". "Therefore there should be a law against it".
Sat Oct 4, 2014, 02:12 PM
Oct 2014

Shallow thinking and naivety, in a nutshell.

Dr. Strange

(25,919 posts)
44. Why?
Sat Oct 4, 2014, 02:20 PM
Oct 2014

There are plenty of authoritarians on the left.

Seeing Pam Gellar and all of Fox News talking heads and executives in prison for 2 to 5 years, real prison, a penitentiary, not suspended, would be so worth it.
 

Bluenorthwest

(45,319 posts)
88. You'd have to do some talking to convince me the OP is 'on the left'.
Sat Oct 4, 2014, 04:24 PM
Oct 2014

That's not the impression I get.

MineralMan

(146,286 posts)
36. That's not going to happen.
Sat Oct 4, 2014, 01:55 PM
Oct 2014

Direct threats against the President are crimes, though. Wilhelmsen is very careful in his wording not to make such threats, it appears. So, he doesn't break that law. If he did, you can expect that he'd be arrested. He is on the Secret Service's list, I'm very sure. In fact, I got an email to that effect the first time I reported one of his nasty posts. They know who he is and where he lives. Should the President travel to that city, he'll get a visit and receive further evaluation. Should he show up at a Presidential event, the Secret Service will be aware of that and will see that he can't carry out any threat.

The same thing applies to the idiots who post veiled threats of their own on his Facebook page or website. The Secret Service knows who they are and where they live, you can be sure.

hughee99

(16,113 posts)
46. A Democratic controlled government should be able to restrict the free speech we don't like.
Sat Oct 4, 2014, 02:25 PM
Oct 2014

To get around that pesky first amendment, we'll let everyone freely speak their mind, but if we don't like what you have to say, you'll be doing it from the inside of a jail cell. You'll be free to speak, just not walk around in public.

People have been saying some very unkind things about our president, and some of those things aren't true. We have to make it stop, at least until a republican gets elected. Then we can complain about the law and call that republican a fascist.

NaturalHigh

(12,778 posts)
73. I'm glad you added that sarcasm smiley.
Sat Oct 4, 2014, 03:27 PM
Oct 2014

I guarantee you that some people were reading your post, rubbing their hands together, and saying "right on!"

LostInAnomie

(14,428 posts)
53. Fuck no! Read up on abortion that the Canadian Human Rights Commision became.
Sat Oct 4, 2014, 02:45 PM
Oct 2014
http://en.wikipedia.org/wiki/Canadian_Human_Rights_Commission_free_speech_controversy#Criticism

- Near 100% conviction rate.

- Truth and reasonable belief not a defense

- Intent not a requirement

LostInAnomie

(14,428 posts)
60. Bullshit.
Sat Oct 4, 2014, 03:01 PM
Oct 2014

Citizen's United has fucking nothing to do with hate speech. You are just throwing shit against the wall and hoping something sticks.

Free speech is sacred in a Democracy. It is not to be trampled by people that get their feelings hurt.

tritsofme

(17,376 posts)
57. I would oppose it to my dying breath. Speech should be met with more speech, not the strong hand
Sat Oct 4, 2014, 02:56 PM
Oct 2014

of punishment from government.

"Hate" speech should be met with ridicule, it's practitioners should be made social pariahs, but the government has absolutely no role in regulating or banning such speech.

There is a reason the ACLU stood by the rights of neo-Nazis to march through the streets of the heavily Jewish Chicago suburb of Skokie, it is that free speech and the First Amendment really means something, it is important and vital to our freedoms and democracy.

On speech Democrats should echo Voltaire, not authoritarians.

If you want your government to play Thought Police, you will have to move somewhere else.

Jackpine Radical

(45,274 posts)
62. No, for two reasons.
Sat Oct 4, 2014, 03:03 PM
Oct 2014

First, the problems of operational definitions, slippery slopes, etc.

Second, hate speech & vague threats (like what Wilhelmson did) can serve as early warnings of evil intentions on the part of unbalanced people. Why kill the canary?

NaturalHigh

(12,778 posts)
71. No. Such laws would be abused by people from every corner of the political spectrum.
Sat Oct 4, 2014, 03:22 PM
Oct 2014

Plenty of far-right wingers would love to throw anyone who criticizes religion in prison, and I don't doubt that plenty of far-left wingers would love to do the same for anyone who espouses a religious point of view.

GGJohn

(9,951 posts)
74. i'm kinda curious?
Sat Oct 4, 2014, 03:27 PM
Oct 2014
Seeing Pam Gellar and all of Fox News talking heads and executives in prison for 2 to 5 years, real prison, a penitentiary, not suspended, would be so worth it


What would prevent the same thing happening to liberal voices?

tritsofme

(17,376 posts)
77. Wow, I missed that. Absolutely disgusting.
Sat Oct 4, 2014, 03:45 PM
Oct 2014

This sort of express advocacy for authoritarianism is just plain sick.

MineralMan

(146,286 posts)
78. Maybe, instead, you could emigrate to Canada and
Sat Oct 4, 2014, 03:47 PM
Oct 2014

let the 1st Amendment still apply here in the United States. That would solve your problem neatly.

Nye Bevan

(25,406 posts)
86. I'm very, very happy to see the overwhelmingly negative response to this OP.
Sat Oct 4, 2014, 04:12 PM
Oct 2014

Seems that DUers like the First Amendment.

Kurska

(5,739 posts)
90. Seeking to limit what a free citizen can say is not progressive.
Sat Oct 4, 2014, 04:28 PM
Oct 2014

It is fascist and authoritarian. You can't suppress fascist and authoritarian thinking like racism with fascist and authoritarian actions. That is like trying to put out a fire with benzine.

moondust

(19,972 posts)
97. Maybe.
Sat Oct 4, 2014, 04:48 PM
Oct 2014

It's a much different world than it was in 1776, and much different than even 1976. In those years there were certainly radicals at large, talking to others, winning some over, doing some nasty stuff: Secessionists, KKK, John Birch Society, SDS, SLA, Baader-Meinhof gang, etc.

The difference now is that all the radical fringe elements have their own mass media outlets--Internet, cable "news", talk radio, etc.--which they can use to propagandize, recruit, reinforce, and organize. There is no way the ISIS barbarians could have recruited fighters from around the world without the Internet to spread their message. Undeveloped, impressionable minds are vulnerable and as it stands there is no way they can be protected from anything without turning everything off and leaving it off.

woo me with science

(32,139 posts)
98. I have an idea.
Sat Oct 4, 2014, 04:51 PM
Oct 2014

Why don't we put our energies into *restoring* all the Constitutional rights that have been stripped from us before we start joining in on all the dismantling?

petronius

(26,602 posts)
108. No, it's not. And it's certainly not time for laws of the sort of
Sat Oct 4, 2014, 06:31 PM
Oct 2014

breadth that would put media executives in jail. Nor will it ever be...

treestar

(82,383 posts)
115. How do places like Canada have such laws and stay civilized?
Sun Oct 5, 2014, 06:20 PM
Oct 2014

It would be dangerous here. People really would begin to abuse the power of deciding what is advocacy of genocide. There's something insane about this country. In others they have no First Amendment. But they seem to remain areas of free speech. Maybe it's common sense.

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