I Wrote Out Why ‘Hate Speech’ Isn’t Illegal.

And don’t feel like posting it again.  Seems people don’t even know.

This was in response to people riffings on John Shirley’s facebook comments chain:

John Shirley

April 11 at 4:51pm
Christopher Snyder

Mike Watt [Who’d said, understandably, “Hate speech is not protected speech.“] Actually, the way to approach it is, hate speech *isn’t unprotected* speech: They were never able to engineer a yardstick. Jurists have explored it — I don’t exactly want to say “tried” — but other underpinnings of the 1st Amendment go with it, rappers’d get arrested and other ironies’d take place, vandalism’s vandalism anyway and harrassment’s harrassment anyway, stuff like that. Ultimately, you’d have to (like Carlin’s famous “7 Words You Can’t Say on Television” bit) have to *choose* some words, and omit others, and who’d do that? Remember, illegilizing “hate speech” means those words *at all*, and it’s messy. Basically untenable. That make sense?

Like · Reply · 18 hrs


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