Ethical Argument: Hate Speech

Name

Professor

Course

May 3 , 2010

The Ethics of Hate

The First Amendment principles of free speech have been under attack since the Amendment came into being . The very nature of speech gives rise to argument because it is a personal undertaking something that belongs to the individual alone . An individual 's beliefs can not be judged , and speech is an expression of those beliefs . Thus , the question : Is it wrong to allow speech that strikes at the heart of an individual ? The hatefulness of speech is a subjective

matter that can not properly be defined by government and , therefore is an unreasonable restriction of first amendment rights

The goal of the free speech doctrine is centered upon an ethical debate that is , how much freedom should be given to citizens of a free society while still providing a protected environment in which to live (Weinstein 11 ) The Constitution is very clear on the right to freedom of expression when it states that , Congress shall make no law abridging the freedom of speech ' However , the interpretation of the First Amendment by the Supreme Court in Schenck v . United States put the first real restriction on free speech when it imposed the qualification that speech could not give rise to a clear and present danger (Weinstein 17 . This first restriction led to the rule being broadened to such an extent that it caused suppression of unpopular political speech (Weinstein 19 . The Supreme Court later narrowed the rule to outlaw any speech...