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+--- Thread: Is hate speech protected under the first amendment? (/thread-47730.html)
Is hate speech protected under the first amendment? - Drew - 11-27-2012 07:01 AM
When/where is it appropriate to exercise your freedom of speech?
Is it appropriate for someone to get arrested for posting racist tweets on twitter?
Is it appropriate for someone to get suspended from school for using homophobic slurs?
Is it appropriate for someone to get fired for mocking someone's religious faith?
- Paladin - 11-27-2012 07:10 AM
arrested, no
suspended, maybe, if it interferes with the educational environment
fired, maybe, if it interferes with the work place
- hissingfight224 - 11-27-2012 07:10 AM
Depending on the situation they could be arrested for harassment.
Yes, a suspension is possible. Probably not for first offenses perhaps, but a pattern of the behavior.
Fired, certainly depending on the person's job. A trucker isn't going to be treated the same as a teacher for example.
As the guy below me seems to ignore, the questions posed have to do with employers and schools. The national government cannot censor your speech (actually there are exceptions) , however your employer or school officials do reserve the right to take disciplinary actions if one breaks their institutional rules or regulations.
- BuGs - 11-27-2012 07:10 AM
The first amendment means what it says. "Congress shall make no law." It is not intended to protect only popular speech. It wouldn't be necessary if that were the case. It's better to have idiots speaking their peace in public so people can see that they're idiots.
However--it just restricts Congress. Your employer or school can impose rules of behavior without it being a violation, because those entities are not Congress.
- Thomas - 11-27-2012 07:10 AM
1. It is not permissible unless the racist tweets constitute true threats, but that would still be highly unlikely unless the tweets were likely to incite imminent lawless conduct.
2. This would be permissible if it interfered with the educational environment. Although students retain their First Amendment rights while at school, the scope of those rights are narrowed greatly to give deference to the learning environment.
3. Yes, the person may be fired unless the state in which they reside protects such speech. The First Amendment does not protect this kind of speech.
Here are a few things to keep in mind: Although the First Amendment says only "Congress," the Supreme Court has ruled that it applies to states as well.
You should know that Bugs' answer is completely wrong.
I hope this helps!!