Considering Social Divisiveness: Offensive Communication, Historical Fiction, andThe Help
Pat Arneson · First Amendment Studies · 2013
Offensive communication has long been a point of contention in the entertainment industry. When controversial artistic works are discussed in the public sphere, conversation about the work can quickly become heated. This essay considers three US Supreme Court decisions that attempt to legally limit offensive communication. In these decisions, the Court began moving away from restraining potentially offensive content and toward considerations in communication process (e.g., time, place, manner) while retaining an emphasis on breach of peace. Since the first ruling related to offensive speech, the US Supreme court has shifted to effectively rule that hate speech potentially contains social value and is deserving of Constitutional protection. One rhetorical strategy for communicating hatred is the hate stratagem. In considering historical fiction as a form of expression, a case study of The Help provides insight into how historical fiction can legally express the hate stratagem. While First Amendment court cases emphasize legally permissible speech, ethical considerations must also be a part of one’s discourse decisions.