America was founded on freedom. The first amendment is something American’s pride themselves the most on. A recent debate has occurred regarding if hate speech should become illegal or if that is a violation of the constitution. Currently, hate speech is protected under the first amendment. Of course schools and businesses can punish or fire employees for use of hate speech and other undesired behaviors, no legal action can be taken against someone who is expressing hate speech. If the hate speech were to become a threat then it is no longer protected under the constitution, but until a threat is extended, nothing can be done. “It’s a fair question. Yes, the First Amendment protects the ‘thought that we hate,’ but it should not protect hateful speech that can cause violence by one group against another. In an age when everyone has a megaphone, that seems like a design flaw,” said Richard Stengel. Stengel’s point is since today it is very easy to distribute one's beliefs and ideas to the masses through a literal megaphone or by social media, too much harm is being caused to individuals who are victims of the hate speech. Stengel also notes that people often focus on only the good that the first amendment brings. He says that we need to understand that along with giving good people freedom of speech, it also protects those with malicious intentions.
Although some may say Stengel brings up valid points to be considered when debating if America needs to implement a law regarding hate speech, Jonathan Turley strongly disagrees. In Turley’s USA Today article responding to Stengel, he calls Stengels opinion to ban hate speech a “self-destructive pitch.” Turley explains how he does not see a ban on hate speech achieving the desired goal. “None of this, mind you, has put a dent in the ranks of actual fascists and haters. Neo-Nazis are holding huge rallies by adopting new symbols and coded words while Germany arrested a man on a train because he had a Hitler ringtone tone on his phone,” said Turley. He believes that people will continue to express their hateful opinions in new ways if a law is passed punishing hate speech. An issue like this has many variables which is what makes the decision on what to do quite difficult for the government to decide on a hard answer. At the end of the day, the freedom of Americans is important just as is Americans well-being and quality of life. The debate will most likely continue for sometime before an answer on what to do can be given, if there is a right answer.
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