The Student Room Group

Should 'hate speech' (racism, something-phobia etc...) be legal?

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Original post by Miss Maddie
It's based on courts determining thing changes from being one thing to being another thing. In other words, when something crosses the line.

E.g. when is force used against a burglar in your home unreasonable force? What effect does the burglar having a weapon have on the judgement. There is a line the court needs to find.


So, sticking with the same theme, would you argue that there's no such thing as 'unreasonable' force when encountering a burglar?
Original post by Axiomasher
So, sticking with the same theme, would you argue that there's no such thing as 'unreasonable' force when encountering a burglar?


Big difference between ending a life/seriously affecting one and promoting hate that you don't act upon.
Original post by Miss Maddie
Big difference between ending a life/seriously affecting one and promoting hate that you don't act upon.


You don't want to answer the question?
Original post by SHallowvale
Racism, homophobia, etc, are not good things and should be stamped out of society. Compared to 20-30 years ago things are much better, and I'd expect that legislation like this has helped that.


You can't stamp any of these things out of people's minds though. people will think what they think and have prejudices and opinions. eveyrone should have that right.
Original post by Axiomasher
You don't want to answer the question?


You're making a stupid comparison. Here's your answer.

Reasonable force is any reasonable force to end the threat. If someone has a burglar has a knife and you attack him that's fine by me. If the burglar dies, then that's his own fault. Why was he in your home?

Now... applied to this situation. Things one could be protesting against doesn't always pose an obvious threat. Therefore, the line is drawn when acting on something. Promote as much hate and intend to cause as much distress as you like provided you don't act on that hate by directly ending a life.
hello , i feel like this a bit vague (or it could just be me)

but i generally feel like people should be allowed to say whatever they want about whoever they want (obviously if it's personal and face to face then lines should be drawn) but i generally feel like you shouldn't silence the peoples thoughts

however there should be natural boundaries that people shouldn't cross and if these "hate speeches" do cross a line then they should be closed down or have some sort of consequence
Original post by Miss Maddie
It's based on courts determining thing changes from being one thing to being another thing. In other words, when something crosses the line.

E.g. when is force used against a burglar in your home unreasonable force? What effect does the burglar having a weapon have on the judgement. There is a line the court needs to find.


Yes, but there is no overarching line that will apply to every case. It will always be case specific, which is why asking (as you did) for a line to be drawn between just criticising something and calculating offense doesn't make sense.


Original post by Dandaman1
You don't think people should be able to say hateful things towards others? Where does that end, though? Do you really want the government to be able to legislate on every negative opinion you share? Are you comfortable with that? Well, of course you are, because your speech hasn't landed you in trouble yet. People like you will completely support laws which can put people in jail for telling jokes or saying unflattering things about religion based on how they are interpreted (that's a big problem), but in doing so you set a precedent that one day the government could come after your speech. The mechanisms are there - they just happen to favour your politics at the moment.

Banning "hate" speech doesn't solve social problems. It just hides them and breeds contempt. Not to mention these tactics are dangerously illiberal and vulnerable to political abuse. Racism in the US and elsewhere declined without the same draconian speech laws the UK has.

And I know the difference between hate speech and causing offense. I even separate the two subjects into different paragraphs. But let's not forget the man in Scotland convicted under hate speech laws for being "grossly offensive" the other week due to a joke video involving a pug and Nazi references.


With regards to race (or skin colour, country of origin, ethnic background), sexuality, religion, then no... I don't think people should be able to say hateful things. I don't think the Government should outright ban hateful speech for everything, you probably misinterpreted what I've said.

I'm not in favour of someone going to jail for making a joke about religion or saying something nasty about it simply because they've said it. I'm against people saying these things with the intent of causing hatred against the group(s) it relates to and/or harassment or violence. In the case of Dankula I don't agree with the court's verdict nor do I think he should have been arrested and convicted. This was done under the Communications Act. I'm not sure exactly what it says with regards to offending people, but by the sounds of it it's stupid. The Public Order Act defines it well, I think.

Banning hate speech may not stop the people it involves from having hateful feelings but if it stops them from having a platform then it helps to stop these feelings from spreading. I'd say it can also stop further violence as well. I don't believe that the situation with race is nearly as good in the US as it is in the UK.


Original post by petalsunrise
You can't stamp any of these things out of people's minds though. people will think what they think and have prejudices and opinions. eveyrone should have that right.


You can have prejudices and opinions but if you act upon them to cause people distress then I don't think it should be allowed. For example, you can dislike homosexuality but not go out in public and yell at a homosexual couple and pester them with insults.
Original post by Miss Maddie
You're making a stupid comparison...


I haven't insulted your reasoning. This is the problem with entertaining the far-right in debates, they want us to answer all their questions but indulge in side-stepping and insults rather than answer ours. It was a simple question too.
People here seem to be assuming that words don't constitute actual harm... It's like "you can say whatever you want as long as it doesn't lead to physical violence", which is just wrong. If your mother dies and a person makes fun of that, surely the feelings of inadequacy and profound sadness you get as a result of missing a parent you loved, and some asshat poking fun at it, constitutes suffering. So clearly, words can be harmful. In a similar way, if your entire life is centred around a belief -- like that of God looking down upon homosexuals -- and somebody tells you that everything you stand for is bigoted, that you're disgusting for believing it, and that you should die, you will be harmed as a result. The point here is that speech which is directed at somebody with a primary purpose of causing injury, is not at all something we should support. Whether it should be legal is very difficult, but we must accept that there is such thing as harmful speech.

However, a point has been made in this thread which is that the injury caused by speech is largely subjective -- you can usually tell when something will land badly (like the mother thing), but there are some lines which although not intended injuriously, will be perceived that way. Those uncertain lines should be left alone, a great example being the Hammond "Stop Lesbianism Stop Homosexuality" sign. On the other hand, if you walk around with a swastika on your arm and a burning flag with a Star of David on it, perhaps you should be pulled aside and be incentivised to stop being a god damn lunatic.
Original post by Axiomasher
I haven't insulted your reasoning. This is the problem with entertaining the far-right in debates, they want us to answer all their questions but indulge in side-stepping and insults rather than answer ours. It was a simple question too.


Come off it. Calling your comparison stupid is a legitimate thing to do. Comparing hate speech laws to laws on reasonable force is a stupid thing to do since they are completely different (as I explained and answered).
Reply 30
I say Hate Speech should definitely be legal. It is not freedom of speech if "you can say anything you want, unless the government deems it unacceptable (i.e. Hate Speech)". Treating Extreme Political Views differently to less extreme ones also violates human rights.
People are allowed their opinions, due to freedoom of speech . You can talk about any topic that you like dislike or feel frustated about however it is not morally correct to offend others or to imply one race is better than the other as we all are equal and we are the same beings. Our backgrounds do not necessarily make who we are. It is incorrect to offend others by being discriminative as we should accept the the fact that we are all the same beings, and for society to work each single person has to give respect in order to gain it. I strongly believe that people should share their opinion about these topics however yes doing hate speech should be illegal as it is discrimative.

sorry for my english im not native
Original post by Hubrillity
People here seem to be assuming that words don't constitute actual harm... It's like "you can say whatever you want as long as it doesn't lead to physical violence", which is just wrong. If your mother dies and a person makes fun of that, surely the feelings of inadequacy and profound sadness you get as a result of missing a parent you loved, and some asshat poking fun at it, constitutes suffering. So clearly, words can be harmful. In a similar way, if your entire life is centred around a belief -- like that of God looking down upon homosexuals -- and somebody tells you that everything you stand for is bigoted, that you're disgusting for believing it, and that you should die, you will be harmed as a result. The point here is that speech which is directed at somebody with a primary purpose of causing injury, is not at all something we should support. Whether it should be legal is very difficult, but we must accept that there is such thing as harmful speech.

However, a point has been made in this thread which is that the injury caused by speech is largely subjective -- you can usually tell when something will land badly (like the mother thing), but there are some lines which although not intended injuriously, will be perceived that way. Those uncertain lines should be left alone, a great example being the Hammond "Stop Lesbianism Stop Homosexuality" sign. On the other hand, if you walk around with a swastika on your arm and a burning flag with a Star of David on it, perhaps you should be pulled aside and be incentivised to stop being a god damn lunatic.


How about a hammer and sickle, or a picture of Che Guevara, or Mao, or Lenin, or Trotsky?
Original post by TCA2b
How about a hammer and sickle, or a picture of Che Guevara, or Mao, or Lenin, or Trotsky?


Peterson's making a change I see.. :smile:

The intention behind the hammer and sickle is not one of murdering millions; while that may or may not be the inevitable outcome, it is not the intention. With the swastika, on the other hand, the contrary is necessarily true.
Original post by Hubrillity
Peterson's making a change I see.. :smile:

The intention behind the hammer and sickle is not one of murdering millions; while that may or may not be the inevitable outcome, it is not the intention. With the swastika, on the other hand, the contrary is necessarily true.


No, Peterson has nothing to do with it. This is basic knowledge of history, which I was well acquainted with prior to his rise in popularity.

I would think using the hammer and sickle, or bearing "icons" who were basically mass murders - including Che - should be seen on par with the swastika irrespective of the supposed "intentions" behind each insignia. One could argue that the communist fetish of "equality" entailed the methods adopted by virtually every self-proclaimed "communist" regime so far, but knowing what these symbols are associated with regardless of their intentions... why bear them? Of course, I don't think these things should be banned or made illegal, even if I think they're in incredibly poor taste, but I must wonder why it's always all about the Nazis, and not the other bunch of murderous maniacs.
Original post by TCA2b
No, Peterson has nothing to do with it. This is basic knowledge of history, which I was well acquainted with prior to his rise in popularity.

I would think using the hammer and sickle, or bearing "icons" who were basically mass murders - including Che - should be seen on par with the swastika irrespective of the supposed "intentions" behind each insignia. One could argue that the communist fetish of "equality" entailed the methods adopted by virtually every self-proclaimed "communist" regime so far, but knowing what these symbols are associated with regardless of their intentions... why bear them? Of course, I don't think these things should be banned or made illegal, even if I think they're in incredibly poor taste, but I must wonder why it's always all about the Nazis, and not the other bunch of murderous maniacs.


I have the feeling we're heading down a bit of a tangent but I always do love a good argument about Communism.

The difference between bearing a swastika and bearing a communist emblem lies, despite what you say about the murderousness of both which I agree with to an extent, in intention. A person will never march down the street with a swastika trying to spread messages of compassion, societal progress, or social justice (or if they do, they will be met with genuine bewilderment). On the other hand, the hammer and sickle does nowadays have an association with these qualities; while the symbol belongs to the communists (much in the same way the swastika initially belonged to Hinduism), its connotations have changed. Individuals who have no knowledge of Marxism walk around waving it proudly, in the hope of gearing the world towards equality.

A swastika will never be waved with an intention to generate good; a hammer and sickle on the other hand, might.
Original post by Hubrillity
I have the feeling we're heading down a bit of a tangent but I always do love a good argument about Communism.

The difference between bearing a swastika and bearing a communist emblem lies, despite what you say about the murderousness of both which I agree with to an extent, in intention. A person will never march down the street with a swastika trying to spread messages of compassion, societal progress, or social justice (or if they do, they will be met with genuine bewilderment). On the other hand, the hammer and sickle does nowadays have an association with these qualities; while the symbol belongs to the communists (much in the same way the swastika initially belonged to Hinduism), its connotations have changed. Individuals who have no knowledge of Marxism walk around waving it proudly, in the hope of gearing the world towards equality.

A swastika will never be waved with an intention to generate good; a hammer and sickle on the other hand, might.


As far as a commie or nazi are concerned, they're both doing "good", so I think this is a red herring/non-starter. I don't hold equality to be a "good" in and of itself, so much as a fetish/preference.

Neither considers that they have an intention to do ill, on their view, and bear in mind that that equality, whilst an abstract ideal, is to be realised through whatever means necessary, particularly when it comes to dealing with recalcitrants. I don't see the intentions as significant or material in distinguishing what they ultimately stand for. I'm not giving people who wear the hammer and sickle, or the images of various mass murderers, a free pass, simply because they've not bothered to do their research. Any communist who does not endorse the regimes associated with those symbols would be best served abandoning them.
(edited 6 years ago)
Original post by TCA2b
As far as a commie or nazi are concerned, they're both doing "good", so I think this is a red herring/non-starter. I don't hold equality to be a "good" in and of itself, so much as a fetish/preference.

Neither considers that they have an intention to do ill, on their view, and bear in mind that that equality, whilst an abstract ideal, is to be realised through whatever means necessary, particularly when it comes to dealing with recalcitrants. I don't see the intentions as significant or material in distinguishing what they ultimately stand for. I'm not giving people who wear the hammer and sickle, or the images of various mass murderers, a free pass, simply because they've not bothered to do their research. Any communist who does not endorse the regimes associated with those symbols would be best served abandoning them.


While I agree with the ought of what you're saying, I do think that the is might be a little bit off. Sure thing, modern leftists should find a better symbol to get behind than Che Guevara. But I do maintain the stance that there is a determining difference between the intention of Nazis and Communists. The Nazis adopt a "we versus you" approach, whereas the Communists strive towards an inclusive "we". This lack of division on the left's side in this argument surely makes it less combative, inflammatory, and harmful than their similarly ideologically dangerous counterpart. Also, no need to mention the proletariat's fight against the bourgeoisie, since the ultimate goal is inclusiveness for all in the arguably blinded minds of Communist supporters; Nazis would rather extirpate their opposition.

Also sure, equality might not be a good in itself. But again, the difference in intention remains. The motivation behind seeking equality is compassion; the motivation behind seeking racial segregation and extermination of those different is disgust, contempt, and self-righteousness.
Also, no need to mention the proletariat's fight against the bourgeoisie, since the ultimate goal is inclusiveness for all in the arguably blinded minds of Communist supporters; Nazis would rather extirpate their opposition.


The only way you get to the "we" in question is by cutting down those who disagree with your ideology until the "we" is all that's left. And even the modern left is certainly very combative against anyone it proclaims to be an "oppressor"

Again, I don't see a stated goal of inclusiveness making one side better than the other.

Also sure, equality might not be a good in itself. But again, the difference in intention remains. The motivation behind seeking equality is compassion; the motivation behind seeking racial segregation and extermination of those different is disgust, contempt, and self-righteousness.


Ok, so you think it resolves to warm fuzzy feelings in some cases. I say it can also resolve to envy, a far baser sentiment. Even if it didn't, authoritarian compassion of the kind where someone thinks they know what is best for you and therefore overrides your decision-making capacity is quite toxic in itself. This is psychotic behaviour. The Nazis similarly take an otherwise benign or at least harmless sentiment - loyalty to one's own kin (group, tribe, race, whatever) and country - and pushed it to a murderous extreme and twisted and contorted it in ways completely out of tune with all reality. To me, it was entirely their genocidal aspect that made them so vile.

Personally, I remain unwilling to grant a distinction based on difference in intentions, because if anything it proves that supposedly good intentions do not prevent someone from performing atrocious acts, and they are associated with regimes and persons who inflicted immense suffering and horror on the populations forced to endure them. The reason why so few people don Nazi regalia in public is because they will be called out on it in short order. The reason why such ignorance persists with regard to commie analogues is because they're not.

As for their legality, I'm of the view that speech should remain free irrespective of whether it causes offence to some... equally, the corollary of this is not everyone will like your opinions... but they should not be able to get you jailed for it. Credible threats of physical violence being the obvious exception.
(edited 6 years ago)
Original post by Miss Maddie
Come off it. Calling your comparison stupid is a legitimate thing to do. Comparing hate speech laws to laws on reasonable force is a stupid thing to do since they are completely different (as I explained and answered).


Whatever, failing to answer my simple question is just you running away. Scared of something?

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