Proposal for Regulating Hate Speech in the United States: Balancing Rights under the International Covenant on Civil and Political Rights
Scott J. Catlin · Journal of legislation · 2014
This Note seeks a better approach to regulating hate speech in the United States-an approach comporting with our notions of freedom of speech under the First Amendment, but also drawing inspiration from the international approach, which protects the rights and needs of the listener in free speech 'controversies.By comparing the United States Supreme Court's approach to speech with the international approach exemplified in the United Nations International Covenant on Civil and Political Rights ("ICCPR"),' I hope to synthesize the best of both approaches into a workable exception to our broad freedom of speech, an exception promoting antidiscrimination principles and specifically recognizing the harm to the victim.To this end, Part II describes the conflict between free speech and hate speech prohibitions, and demonstrates the need for reconciliation of the opposing views.It includes a description of the confusion and inconsistency in this area today, which not only calls for a solution, but shows that the search for a workable solution is still taking place, even in the Supreme Court.Part III describes the current broad interpretation of the First Amendment with respect to hate speech, especially as demonstrated in R. A.V. v.St. Paul. 2 Part IV defines the international approach and how the United States has failed to apply it.Part IV also demonstrates how and why the ICCPR can be used to refocus our approach to hate speech.Part V synifhesizes the United States and international