Freedom of Speech v Incitement to Hatred?

[Jackeens]

Forget about existing law(s) - what's your view on this?

Should freedom of speech be absolute, with no restraints whatsoever?

Or should that freedom be restricted by law to (try to) prevent people from inciting 'hatred' against specific group(s) in society?

Trust me, I'm not holding Irish legislation up as anything to follow, but just as an example:

The right to free speech is guaranteed under the Irish Constitution - but the Prohibition of Incitement To Hatred Act (1989) proscribes words or behaviours which are "threatening, abusive or insulting and are intended to stir up hatred" against "a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation".

(True, enforcing such legislation is the tricky part - and it usually proves difficult - but I'm just asking about the principle here).

[anonymous171]

1. Freedom of speech is absolute. nt

[BlooInBloo]

2. Except for all of the constraints that are currently on it, I'm sure you mean.

Because otherwise, what you said would simply be fucking stupid.

[anonymous171]

3. Of course. I believe incitement of violence/criminal action is already an exception.

[BlooInBloo]

6. Along with many others.

[bobbolink]

5. Really?

So, that is why you can't shout "FIRE!" in a crowded theater?

Really?

[anonymous171]

8. See #2 and #3

I probably should have clarified myself better. What I meant to say was that Freedom of Speech, as it exists now, is fine. No new legislation is needed.

[bobbolink]

11. One of 'em doesn't show up for me.

And as I said, it's clear that LIES will have to have some restraints, if we want to keep what's left of our democracy.

[BlooInBloo]

13. You may wish to look up the meaning of the word "absolute" before you use it again.

[Pangolin2]

12. I've always thought that analogy was pretty idiotic. What if the theater is only 1/3 full?

Does that change the dynamic of the right of free speech? Actually, when I was a young and crazy kid, we did many MANY things that would scare the shit out of contemporary people...including shouting 'FIRE' in a somewhat crowded theater. People just looked at us like we were nuts. But then we did stuff that was way more fun, like making pipe bombs and putting on overcoats, carrying a violin case and walking into a bank then our other buddy would run in waving his arms and screaming "IT'S ALL OFF" whereupon we'd run out like madmen. Ah, those were the days
:D

[bobbolink]

14. Hurrah for you! Fuck all those "regular" people. Afterall, it's working for BECK

Good on ya

[supernova]

4. I support FoS and this is why

the problem is, if you outlaw reprehensible speech (Hitler was great! We should emulate him!) then having no public outlet, it's going to go underground and come out in other more disturbing ways than awful protests with white sheets in the middle of town.

If it's out in the open, at least you can keep up with it and keep it in check with education and outreach to those who might be susceptible to such thinking.

[bobbolink]

7. It's clear there have to be limits to LIES.

We can't have a democracy when LIES are completely accepted.

[Pangolin2]

9. I support the absolute right to MY speech...I'm not so sure about yours.

Which is how most folks feel about it.
;-)

[MH1]

10. Other - I support legal restraints but ONLY in the case of broadcast

i.e. if someone has a "megaphone" - radio show, newspaper column, public blog, etc. Two people arguing at a bar (for example) should not be subject to this sort of restraint. Plus you need to find a good way to have agreement that it is "threatening, abusive or insulting and are intended to stir up hatred" - in other words it should only be applied in the most blatant cases.

I think this is a difficult and dangerous area and we have to be very careful about limiting freedom of speech. But I am also worried about how people like Beck can stir up violence within their huge audience. (Rwanda anyone?)

[el_bryanto]

15. The measure of your commitment to freedom of speech is your willingness to defend speech you hate

Bryant