Tag Archives: 1st amendment

What is the Free Speech vs. Hate Speech Debate About? | Feb 19, 2017

Free Speech Vs. ‘Hate Speech’

– PJ Media

“I recently attended a symposium, held at the University of Toronto and sponsored by a group of politically savvy libertarian and conservative students, on the topic of free speech and expression in the current repressive cultural and political milieu. The audience of almost every other conservative symposium I have attended has been composed chiefly of elderly white men, with a modest sprinkling of women and a sparse handful of younger people. On this occasion I was gladdened to note that the age gap had been bridged, dividing equally between older and younger, while the distaff representation was comparatively prominent.

The fact that the symposium was organized by two student groups worried about their political and economic future, Students for Liberty and Generation Screwed, explained the mixed composition of the conference attendees and signaled a more hopeful future for the nascent conservative movement growing on campus as well as in the non-academic world. This young, right-leaning cohort — politically active, intellectually engaged, well-educated and civil — are in marked contrast to their leftist counterparts consisting of a mélange of snowflakes and hooligans, who were soon to make their presence known at the event.

The issues discussed at the symposium largely involved the nature and definition of speech violence, or what is called “hate speech,” criminalized in several countries and jurisdictions. Both sides of the dispute, left and right, agree that limits to freedom of speech are necessary, but disagree as to where these limits should be placed. The left, whether radical or moderate, regards as felonies forms of speech that offend a privileged identity group, whether racial, ethnic, religious (i.e., Muslims), or gender-based (i.e., women, gays, trans-people), or criticizes the ideological positions such favored groups adopt. Additionally, a prime tactic of the left is what we may call pre-emptive suppression. Speaking engagements are often shut down before or during an address, making debate and discussion impossible. Censorship and repression thus become acceptable methods of dealing with such perceived “transgressions” as open colloquies, lectures and conferences.

The conservative right believes that speech should be mainly unfettered, except when it damages reputations through lies or urges acts of physical violence. Of course, speech itself can be an act, as philosopher J.L. Austin has shown in How to Do Things with Words: in his most famous example, when the minister states “I now pronounce you husband and wife,” an act has been performed since it changes the status of the participants.

We should note, however, that words critical of an individual or a group are not performative (or “illocutionary,” in Austin’s phrase). If I criticize Islam as a violent faith, I do not thereby make it violent or directly instigate violence against it. My words do not change the reality of Islam, whatever it may be. In the U.S., even words advocating violence (except in official or legally constituted circumstances, or in situations where there is a clear and present danger) are not considered performative. The 1969 Brandenburg vs. Ohio Supreme Court case ruled that “speech can be prohibited if it is “directed at inciting or producing imminent lawless action.” (Italics mine). In the words of the Legal Encyclopedia discussing the case, “the First Amendment protects speech unless it encourages immediate violence or other unlawful action.” (Italics mine). In this instance, both the temporal element and unequivocal incitement are crucial. Mere advocacy is another question entirely and is not prohibited, although here the conservative argument tends to draw the line, even if the U.S. Supreme Court did not.

In Canada, we are not so fortunate. We have no First Amendment. The Canadian Charter of Rights and Freedoms establishes free speech as a principle of civic life, but with so many exceptions that the term “free speech” has become an empty watchword, an instance of virtue-signalling. The logic on which its application is based is ludicrously circular. For example, the Supreme Court decision in the Whatcott case, in wich Bill Whatcott was convicted of hate speech for protesting what he saw as a homosexual agenda in primary school, reads: “The benefits of the suppression of hate speech and its harmful effects outweigh the detrimental effect of restricting expression which, by its nature, does little to promote the values underlying freedom of expression.” As my wife Janice Fiamengo puts it in Episode 52 of her video series The Fiamengo File, “free speech matters only when it is speech that promotes ‘the values underlying it.’” In other words, free speech is only free speech when it is free speech.

Consequently, “if expression is made conditional on its promoting a particular set of values, then it is clearly not in any sense free or valued in itself.” Tightening the already-restrictive noose on free speech even further, the Canadian Parliament is now preparing to debate Motion 103, which authorizes the government to take steps to eliminate “Islamophobia,” and will surely tackle the element of critical speech as well.”

….Continue reading the thoughtful article @ PJ Media

Graphic of the Day:

– from PJ Media comments:

More on Freedom of Speech:

ACADEMIC FREEDOM ON THE ROPES IN U.S. COLLEGES

– CaliforniaJimmy.com

 

Federal Courts and the Constitution – Feb 2016

The Kalb Report – Amazing Ruth Bader Ginsberg & Antonin Scalia Interview

– Youtube

More here @ The Kalb Report

Federal Judge Says Recording Police Not Protected By The First Amendment

– Techdirt

usc1

from the please-inform-all-parties-before-recording-of-your-expressive-intentions dept

Over the years, the nation’s courts have moved towards recognizing First Amendment protections for citizens who film public servants carrying out public duties. Nearly every case has involved a citizen arrested for filming police officers, suggesting far too many law enforcement entities still feel their public actions deserve some sort of secrecy — even as these agencies deploy broader and more powerful surveillance tools aimed at the same public areas where no expectation of privacy (under the Fourth Amendment) exists.

…Continue reading @ TechDirt

 

 – On it’s face, the public has a right to free expression, if speech means anything, it means the right to gather images and sound in public as you choose as long as you don’t infringe on the rights of others. There is no requirement in the 1st amendment that you must announce your intentions to the authorities to do so. This presumes the authorities have the right to deny you your rights to peaceably assemble, express your thoughts and disseminate the results as you see fit without government abridgement or constraint.
Public conduct is just that. This decision makes evident that some public conduct can become and remain in fact secret conduct by public officials.
To be continued…../CJ