Hate Speech The Constitution of the United States of America is the legal foundation of laws that our fore fathers created so that everyone would be free. Freedom from all oppression was idyllic, yet was it realistic. They certainly thought so. As the years and centuries have passed-society has evolved. Original meaning to what was deemed as just and right have begun to be challenged and blurred. Just as society has begun to evolve into one massive blended race, the questions have been raised about the original laws that some find restrictive and no longer apply. Hate speech is basically defined as “speech that offends, threatens, or insults groups based on race, color, religion, national origin, sexual orientation, disability or traits (Americanbar.org, 2013) The literal interpretation of this is well-debated-for its meaning may take on several forms based on the person(s) and the circumstance. The US government has tried to uphold the laws of the Constitution in regards to “hate speech.” For the most part, the majority of those that represent judicial decision making have deemed that essentially no one has the right to speak fighting words. They also uphold that hate speech acts may be regulated, but not personal beliefs (Students in action, 2012)
When dealing with hate-be it by an individual or group, a few forms of speech are, in fact, not protected under the law. They include libel (the purposeful slandering of an individual), threats on a person's life or well-being, obscenity (sexual material presented in a prurient manner) and misleading advertising. It can comprise not only spoken words but also symbols, signs and published material. When words or actions are meant to create hostility, it is in fact, demeaning and harmful to the not just the individual, but the community and culture. As per the Hate speech article, it points out that when words are no used to inform, but just to be malicious, they are of no use to the individual or society-hence, should not be protected.
The article reflects on the fact that with anger, passion, ignorance can all affect a point that is to be made. Controversy over whether it is subjective or not can be argued by not only all that hear it or see it, but by those that are speaking it. The time that our Constitution was drafted, it was a gentler, more formal society. It is possible that they would have
