Is Hate Speech Free Speech? (Archive)

The Rock is one of the most hallowed landmarks on our campus. It represents the values of free speech, and the expression of ideas that is the bedrock of a healthy campus community. But, on November 11, 2018, The Rock was defaced with rancid hate speech. Swastikas dotted the landmark, and obscenities incited anti-Semitic violence and rape. This was the second incident in the span of one week in what is become a troublingly routine occurrence.

These incidents on our campus are the symptom of a nationwide epidemic of hate speech which has swept the nation since President Trump took office.

In light of these events, a highly divisive yet critical question has reemerged: Should free speech entail hate speech?

Legally, it does. The Supreme Court has repeatedly affirmed that hate speech is protected under the First Amendment, most recently in a 2017 ruling. It has been repeatedly argued that hate speech only becomes illegal when it incites “imminent lawless action”. This seems incredibly vague. In the most recent defacement incident at UTK, someone wrote “kill Jews” on The Rock. When does that statement cross the threshold of “inciting imminent lawless action”?

The debate over the true volatility of hate speech has raged for decades in the United States. Some have insisted that it is ultimately harmless, while others have contested this claim. But considering recent events, the former claim couldn’t seem more disconnected from reality.

The deadliest anti-Semitic attack in US history happened barely a month ago.

Eleven innocent worshippers were mercilessly gunned down in their own synagogue. The perpetrator of this rampage was a product of a purveyor of hate speech. His social media accounts were full of Neo-Nazi and Alt-Right propaganda, and he reposted anti-Semitic and racist conspiracy theories regularly.

Incidents such as the Tree of Life shooting are beginning to occur with alarming frequency, and the connection is clear: create a society where hate speech is normalized, and you create a society where hate crimes are normalized. This is a dangerous precedent, and it shows no signs of abating. We need to act as a nation to reverse this descent, before we find ourselves in yet another bloody tragedy.

To make hate speech illegal is not a radical proposition. In fact, the majority of Western democracies already have laws which make hate speech illegal in one form or another. In the United Kingdom, expressions of hatred directed towards anyone of a particular race, religion, disability or nationality are illegal. In Germany, performing the “Sieg Heil” gesture will land you three years in prison. David Duke, the infamous former Grand Wizard of the Ku Klux Klan, was arrested in the Czech Republic in 2009 when he tried to perform a speech there, and was banned from the Schengen Zone (EU) the same year.

This shouldn’t be a divisive issue because it appeals to the tenets, we should all value as Americans. If someone’s speech threatens your security, or otherwise impugns on your right to life, freedom and the pursuit of happiness, that speech should be illegal. To use your free speech to advocate violence and oppression against others is to abuse your free speech. No individual can enjoy the rights afforded to him or her in a democracy if that person is the persistent target of speech inciting murder and violence.

The notion that making hate speech illegal is authoritarian is misinformed. The only outlier regarding laws prohibiting hate speech is the United States. Other democracies have had these laws for decades, and still score higher on the Human Freedom Index than the United States 

Furthermore, it is illogical to claim that banning speech which advocates murder and authoritarianism constitutes authoritarianism.

The genuine threat to our free speech comes not from limiting hate speech, but from taking no action against it when it occurs. If we fail to use our own voices to combat hate speech, we allow the perpetuation of a dangerous cycle. We allow hate to have a home on this campus, and throughout this country

But we can change this. We can build a better country, where all people feel safe and welcome in their communities. All we need to do is use our voice.