@lucillelucillelucille
Regardless of whether speech is speech, or expression just expression, there are times that have been legally recognized where the spread of information, in a particular manner, is harmful in and of itself or produced harm that the speaker should have reasonably anticipated. This is why we have defamatory speech and incitement limits to First Amendment rights. One isn’t allowed an unfettered ability to say anything they want anywhere without, at times, being subject not only to social penalties but potentially civil or criminal ones as well.
The problem with hate speech, and the reason why it deserves to be delineated particularly, is that it is the kind of information that preys on people, in many ways. Nazi anti-Jewish propaganda, I would say, is reasonably defined as “hate speech” generally. Fred Phelps and the WBC crew are current practitioners of hate speech. The KKK was. When we don’t focus on it and say it deserves to be recognized as inherently wrong, then we run the risk of actual, realistic harm coming from the messages spread by it.
I don’t know why you believe that it is used solely in the offensive manner. It has a very real defensive value. Yes, it’s totally used that way…to suppress an idea that you think is dangerous. But there are ideas that are dangerous.
And you’re working backwards, I believe, when it comes to the labeling issue. When dealing with hate speech…it is the content of the speech that earns the label. Anyone using it to further an agenda should be called out as vigorously as those against whom the label is properly used. Please note that I’ve already agreed with you that when used against someone when it’s undeserved, it’s because the person cannot resort to reason and therefore is resorting to the worst kind of name-calling.
Now, hate crimes are a completely different matter. Whether or not something is deemed a hate crime is a recognition of an additional harm the crime did above and beyond when it is normally committed. I believe this is a valid purpose, as it is one that is repeatedly recognized in various legal contexts (indeed, it’s arguably the basis of the entire criminal justice system – greater harm warrants harsher state reaction) – but that’s another thread.
I’m confused about what you think I said about groups having any “rights”....but you probably read “side” as “group.” By side, I meant the person hearing the message of hate, and responding “that’s hate speech.” That’s their right, and whether or not it’s a correct assessment doesn’t matter. Whether or not anyone should listen to them, however, requires that we figure out if it really is.
When you say groups only exist conceptually…well, in reality you’re right. And I agree that anyone has the right to advocate against them. But practically, there are groups that have been historically oppressed, profoundly so, and therefore those categories (race, gender, sexuality, religion, ethnicity, nationality, etc….) that we look to in hate speech. The fact that, really, the divisions are more conceptual than clear doesn’t stop someone from trying to get people to blame the Muslims for x, or the Gays for Y, or the Poor for Z. And when I see that happen, I’ll call it hate speech if I think it qualifies. And as we both seem to agree…that’s as much my right as it is for them to blame whoever.
I think you’ve also sort of reversed what I said about proper topics for political discourse. I stated that at no point should ideas within political discourse be based on racist or sexist or homophobic ideas, etc. Re-reading it, that wasn’t really clear – but I was saying that calling out a politician or leader or someone for resorting to “hate speech” may be important if they actually are trying to foster political dissent against people because they are Muslims, Gays, Poor, etc. – so I think we’re again on the same page, that these things do exist, and that we do need to make sure that we call them out – and defining ideas, comments, speech based on them as “hate speech” may be what we have to do to call them out properly.