The law relating to freedom of expression in the United States originated in the pre-colonial period while there was a conflict in England among the domineering state as well as the rising philosophies. A revolution was organized by the American colonists to put an end to the domineering English state for the purpose of establishing a republic where there would be protection of freedom of expression from government interference (Debate, 2020).
In later years, a “marketplace of ideas” theory approach was ultimately adopted by the Supreme Court to most issues related to freedom of expression, while regulation of government for the majority unwanted forms of speech, consisting of child pornography, obscenity, and sedition was reserved.
The controversy regarding “hate speech” is not novel; nevertheless the same is renewed since the movement of Black Lives Matter as well as the Me Too movement is experienced by USA and Europe. The awareness as well as promoted national conversation relating to sexual harassment, racism, and more has been raised by these movements. Now- a -days, hate speech has become a fashion and people consider it as short cut for the purpose of getting publicity thus creating worrisome as well as complex problem for novel constitutional freedom of expression rights.
Hate speech is perceived for disparaging anybody on the basis of his/her social group such as age, race, nationality, gender, ideology, religion, occupation, ethnicity, appearance, mental capacity. This “Hate Speech” covers all the aspect of communications such as oral, written or some type of behaviour in public (Law society, 2020). It was the phenomenon of post world-war II to regulate hate speech wherein hate speech was excluded by United States from the scope of expression which was protected by the constitution.
Hate speech has raised too complicated questions which test the free speech limits. Hate speech is against the fundamental right of freedom of speech. Not all novel examples of hate speech are similar. The extent to which hate speech should be prohibited as well as how it should be prohibited account for few important variables, namely who are the people involved in the same and the circumstances under which these arise (Debate, 2020). The impact of hate speech is about to differ materially which depends on whether the same is given by government official of high position or a key leader of opposition or an outsider group which is marginalized and has no credibility.
The court of human rights in Europe too upheld conviction regarding hate speech in consistent with the free speech (supremecourtcases, 2020). In the current age of communication and social networking, there can be spread of hate speech throughout the world and as the country is increasingly becoming culturally diverse, there is an urgent need of regulations. The government should care for protection of equality as well as free expression for the purpose of maintaining the integrity of the system relating to constitution and the harmony in the society.
Supremecourtcases.com. 2020. [online] Available at: http://www.supremecourtcases.com/index2.php?option=com_content&itemid=5&do_pdf=1&id=22819
Child pornography and freedom of expression. Free Speech Debate. (2020). Retrieved 27 June 2020, from https://freespeechdebate.com/discuss/child-pornography-and-freedom-of-expression/.
Lawsociety.org.nz. 2020. Freedom Of Speech Vs Hate Speech - NZ Law Society. [online] Available at: https://www.lawsociety.org.nz/practice-resources/practice-areas/human-rights/freedom-of-speech-vs-hate-speech
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