Hate and Racist Speech in the United States: A Critique
Raphael Cohen‐Almagor · Repository@Hull (Worktribe) (University of Hull) · 2015
This article attempts to explain why the United States is exhibiting the most liberal stand on protecting freedom of expression. It is argued that the American credo is comprised of strong belief in liberty and individuality and of strong anti-government sentiment. The First Amendment is enshrined in its culture and tradition. The protection of political speech is fundamental to the American democracy. As United States Constitution strongly protects political speech, it confers protection also on hate speech that is included in the broad definition of political speech. It is emphasised that incitement is outlawed in the democratic world, including the USA, and that all forms of hate speech should be weighed carefully as they might result in hate crimes. The article further criticizes the American ‘viewpoint-neutrality’ concept and argues that a balance needs to be struck between competing social interests. Freedom of expression is important as is the protection of vulnerable minorities. In memory of Jack Pole (March 14, 1922-January 30, 2010), Friend, intellectual, scholar