Hate Speech—What It Is


Years ago, I learned that not all speech was protected in the US by our First Amendment to the Constitution. The words as they are written sound as if they are. In fact a former Supreme Court Justice Oliver Wendell Holmes Jr. once asserted that the Constitution and the First Amendment are not just about protecting “free thought for those who agree with us but freedom for the thought that we hate.” Here’s what the First Amendment actually says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (emphasis mine)

However, as time passed the Supreme Court pivoted a bit, believing there were abridgments, or curtailment of rights, in speech. The classic example that makes such perfect sense is that no one has a right to yell, “Fire” in a crowded theater when there is no fire. To do so could be harmful, so people don’t have that freedom.

The idea of “hate speech,” then, was first tied to the concept of harm—if someone said something to incite violence, that was hate speech.

But like so many things, the concept of hate speech expanded. According to an article at The Heritage Foundation by Kim R. Holmes, Ph.D.,

All this started to change with the rise of radical multiculturalism. Under its influence the ideas of hate speech and hate crimes were invented. Instead of worrying about the violent intent of individuals, hate speech advocates wanted to ban utterances, gestures, conduct, or writing that they deemed prejudicial against a protected individual or group.”The Origins Of Hate Speech

The article goes on to identify President Clinton’s broad-brush blame placed on “the loud and angry voices of hate” for the Oklahoma City bombing, as moving the needle from blaming the actual persons engaged in speech deemed hateful to blaming people who held political or moral beliefs that they shared with that individual.

A decade later, the idea of hate speech advanced further:

In 2009, the National Hispanic Media Coalition outlined its definition in a report. It specified four areas as hate speech: false facts, flawed argumentation, divisive language, and dehumanizing metaphors.

Hate speech was no longer about the explicit words of individuals meant to incite violence, but a general atmosphere of public opinion that could be construed to encourage violence against certain kinds of people.

With this expanded definition, then, social media platforms declared a discussion of election irregularities as “false facts” (what an oxymoron), and therefore felt justified in removing those posts and even blocking any number of people from using their site.

Sadly, we have moved so far along the line that a writer at the Washington Post concluded his article by saying, “All speech is not equal. And where truth cannot drive out lies, we must add new guardrails.”

Ironically, his argument hinges on the idea that truth doesn’t always win out. We can’t just let people discuss ideas because they can be fooled. He cites some stats about middle schoolers and high schoolers to prove his point. Middle schoolers? High schoolers? Apparently his belief is that adults are just as easily fooled as they, though there was a marked increase in the ability of the older kids to discern lies.

Oddly, when I was of that middle school age, I had teachers who taught the class how to recognize loaded, slanted, negative words that were used to manipulate rather than to inform. We called it propaganda, and the USSR was the prime example of its use, though clearly anyone trying to sell something was apt to use loaded, slanted, and overly positive words to manipulate, too.

In fact, one of the reasons it’s important to know who is backing a particular article (the Washington Post vs the Heritage Foundation, for example) is to help recognize the direction of the slant those words might take.

Clearly, the move toward the use of “guardrails,” which is just a palatable way of saying censorship, is accelerating. The real issue today is, who gets to tell the rest of us where those “guardrails” are? In other words, who gets to censor our speech? Personally, I tend to think censoring someone is apt to make them angrier and less inclined to unite, rather than make them feel all peaceful and fuzzy and warm. Maybe that’s just me.

Featured photo by Stas Tsibro from Pexels

%d bloggers like this: