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View Diary: "Hate Speech" is Not the Same as "Free Speech" (188 comments)

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  •  France changed its laws (2+ / 0-)
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    FrankRose, T100R

    to be MORE discriminatory, but that's a bit of a side issue besides querying the "why can't you foolish Americans be more like Europe" premise.  The U.S. has a doctrine of "reasonable accommodation" that works well in the U.S. and to a lesser extent pre-Sarkozy Frahnse.  If a job requires a woman not to wear a hijab, it goes; otherwise, no.  The bike helmet analogy is utterly trivializing.  Separation of church and state is a two edged sword - both the establishment clause and free exercise clauses have to work together to promote individual liberty.  France can call what it's doing separating church and state with teeth, but it's a pretext for anti-immigrant nativism.  (And in a country of roughly 65 million, you can find many people believing anything.)

    Similarly, allowing the hateful expression of hateful ideas at least provides something of a safety valve.  Often, the justification for banning speech is that it would lead to violence in the future, but what if violence is the consequences of allowing the hateful ideas to bubble over?  I don't think it's possible to answer this question in all cases, but in the case of anti-gay speech, attitudes around the country have changed with no banning of speech; and by the time there would be enough of a political consensus that such a law could pass even if it were Constitutional, it'd be already unnecessary.

    Difficult, difficult, lemon difficult.

    by Loge on Sun Aug 18, 2013 at 02:06:19 PM PDT

    [ Parent ]

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