1st Amendment and Hate Speech

This is where our community discusses almost anything! While we're mainly a Cambodia expat discussion forum and talk about expat life here, we debate about almost everything. Even if you're a tourist passing through Southeast Asia and want to connect with expatriates living and working in Cambodia, this is the first section of our site that you should check out. Our members start their own discussions or post links to other blogs and/or news articles they find interesting and want to chat about. So join in the fun and start new topics, or feel free to comment on anything our community members have already started! We also have some Khmer members here as well, but English is the main language used on CEO. You're welcome to have a look around, and if you decide you want to participate, you can become a part our international expat community by signing up for a free account.
Tim Linkinwater
Expatriate
Posts: 177
Joined: Wed May 14, 2014 10:42 pm
Reputation: 14

1st Amendment and Hate Speech

Post by Tim Linkinwater »

Better start this here to save the admin peeps time.

I didn't know this. Assume the Daily Torygraph has it right but they don't name the case which sets the precedent (safety catches back on, boys, not the communist Muslim president -the precedent):

"the US does not have laws specifically banning incitement to hatred. In one lawsuit against the WBC the US Supreme Court ruled that the First Amendment to the US Constitution, which protects free speech, “tolerates even hateful public speech”

So how are people prosecuted for saying those unconscionable words?

Rest of article here, but not necessarily relevant: http://www.telegraph.co.uk/news/worldne ... rance.html
User avatar
LTO
Expatriate
Posts: 1383
Joined: Wed May 14, 2014 10:28 pm
Reputation: 9
Location: KH
Contact:

Re: 1st Amendment and Hate Speech

Post by LTO »

Tim Linkinwater wrote:So how are people prosecuted for saying those unconscionable words?
Sorry, I don't understand.

What people, prosecuted by who for saying what?
LTO Cambodia Blog

"Kafka is 'outdone' in our country, the new fatherland of Angkor" - Norodom Sihanouk
OrangeDragon
Site Admin
Posts: 4193
Joined: Fri May 02, 2014 8:05 pm
Reputation: 17
United States of America

Re: 1st Amendment and Hate Speech

Post by OrangeDragon »

The constitution does protect it. Which is somewhat garbage in my opinion, but also somewhat reasonable... simply because defining something as hate speech would then be an easy way to silence a group.
Tim Linkinwater
Expatriate
Posts: 177
Joined: Wed May 14, 2014 10:42 pm
Reputation: 14

Re: 1st Amendment and Hate Speech

Post by Tim Linkinwater »

LTO wrote:
Tim Linkinwater wrote:So how are people prosecuted for saying those unconscionable words?
Sorry, I don't understand.

What people, prosecuted by who for saying what?
Hate speech - it's sort of new to me since all the laws were made while I have been away. In the UK - and I think all of the EU, you can be prosecuted for using words considered pejorative to or about gays, black people, white people, Jews etc.

I had thought it was even tighter in the US.
User avatar
Satiated Parrot
Expatriate
Posts: 549
Joined: Tue May 13, 2014 7:25 am
Reputation: 38
Armenia

Re: 1st Amendment and Hate Speech

Post by Satiated Parrot »

From what I understand, the US' rules in relation to freedom of speech/incitement of hatred operate as follows:

Acceptable: "The Muppets are evil! Death to the Muppets!"

Unacceptable: "Let's go and kill all of the Muppets on/at <some sort of reference point allowing people to actually act on the suggestion>".
Tim Linkinwater
Expatriate
Posts: 177
Joined: Wed May 14, 2014 10:42 pm
Reputation: 14

Re: 1st Amendment and Hate Speech

Post by Tim Linkinwater »

Satiated Parrot wrote:From what I understand, the US' rules in relation to freedom of speech/incitement of hatred operate as follows:

Acceptable: "The Muppets are evil! Death to the Muppets!"

Unacceptable: "Let's go and kill all of the Muppets on/at <some sort of reference point allowing people to actually act on the suggestion>".
A reasonable position. Puts me in mind of Kermit's son (????) Singing Half Way up the Stairs



Edit, got the silly YouTube embedding wrong.

Last edited by Tim Linkinwater on Mon Aug 18, 2014 4:44 pm, edited 1 time in total.
User avatar
Satiated Parrot
Expatriate
Posts: 549
Joined: Tue May 13, 2014 7:25 am
Reputation: 38
Armenia

Re: 1st Amendment and Hate Speech

Post by Satiated Parrot »

What's green and smells like bacon? Kermit's fingers.

A smoker craves a cig in the pack, Kermit craves a ...
Rain Dog
Expatriate
Posts: 694
Joined: Thu May 29, 2014 4:40 pm
Reputation: 29

Re: 1st Amendment and Hate Speech

Post by Rain Dog »

Satiated Parrot wrote:From what I understand, the US' rules in relation to freedom of speech/incitement of hatred operate as follows:

Acceptable: "The Muppets are evil! Death to the Muppets!"

Unacceptable: "Let's go and kill all of the Muppets on/at <some sort of reference point allowing people to actually act on the suggestion>".
Not sure you can get away with he "Death to Muppets" there

Good topic though
Taxi, we'd rather walk. Huddle a doorway with the rain dogs
The Rum pours strong and thin. Beat out the dustman with the Rain Dogs;
User avatar
LTO
Expatriate
Posts: 1383
Joined: Wed May 14, 2014 10:28 pm
Reputation: 9
Location: KH
Contact:

Re: 1st Amendment and Hate Speech

Post by LTO »

You can say what hateful things you like - free speech and all - but if you use hate speech in the commission of a crime (e.g. Incitement, assault, etc), suggestive that the crime may have been motivated by hate, it can add hate crime to the charges.
LTO Cambodia Blog

"Kafka is 'outdone' in our country, the new fatherland of Angkor" - Norodom Sihanouk
Tim Linkinwater
Expatriate
Posts: 177
Joined: Wed May 14, 2014 10:42 pm
Reputation: 14

Re: 1st Amendment and Hate Speech

Post by Tim Linkinwater »

LTO wrote:You can say what hateful things you like - free speech and all - but if you use hate speech in the commission of a crime (e.g. Incitement, assault, etc), suggestive that the crime may have been motivated by hate, it can add hate crime to the charges.
So you could, if you were stupid enough, get away with this (below) legally? The N word or any other discriminatory words are not illegal unless uttered during the commission of a crime?

Rex Kramer:



Last edited by Tim Linkinwater on Mon Aug 18, 2014 5:27 pm, edited 1 time in total.
Post Reply Previous topicNext topic
  • Similar Topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: Bing [Bot], Khmu Nation, Ong Tay and 1322 guests