The Rules Against, and Condemnation of, Hate Speech Must be Expanded and Vigorously Applied

Hate speech is a term for speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race, gender, age, ethnicity, nationality, religion, sexual orientation, gender identity, disability, language ability, moral or political views, socioeconomic class, occupation or appearance (such as height, weight, and hair color), mental capacity and any other distinction-liability. The term covers written as well as oral communication and some forms of behaviors in a public setting. It is also sometimes called antilocution and is the first point on Allport's scale which measures prejudice in a society (emphasis added).
Since the definition of hate speech includes unflattering references to members of occupational groups, socioeconomic class and appearance as well as mental capacity and political-moral views, it presumably includes sanitation engineers (garbage collectors), transportation service providers (bus drivers) and baby killers (members of the armed forces, who wear uniforms, tend to be underpaid, and are often seen as below average in intelligence and as possessing neanderthal like moral and political views). Unfortunately, there has been little if any recognition of this important aspect of the definition. True, although hate speech laws are not common in the United States, many institutions of higher learning give them the de facto force of law and impose severe consequences upon offenders. However, there are efforts underway to change this and to give such valiant attempts at requiring civility the de jure force of law. Hence, I shall assume that the universal good of hate speech prohibitions will eventually come to the U.S. as some renowned legal scholars have suggested, and urge here not only that this will be a good thing, but that such prohibitions must be expanded. Otherwise, the United States will be unable to take its rightful place in the society of enlightened nations,such as France and Canada. Indeed, even the esteemed United Nations might take umbrage at our omission to get in step.
On May 17, 2006, John Murtha, he of the unassailable “war hero”/“patriot” mythos, assailed his fellow Marines in Haditha as murderers “in cold blood.” The super-patriot made this indictment, in front of an international audience, before an investigation had concluded. His spurious charges seem to have done those eight men charged little legal damage – but they have caused incalculable harm to the United States armed forces still in the field.
These spurious charges have been well rebutted, and most of the alleged offenders have either been cleared by courts martial of wrongdoing or the charges have for other reasons been dismissed. It therefore seems that the Honorable Mr. Murtha was less than truthful in his damaging allegations. No matter. Truth is not a defense, and conversely absence of truth is not determinative of whether an offense has been committed. Although the Honorable Mr. Murtha's victims may not have suffered much legal damage, their careers have been harmed if only because they have been prevented from performing their normally assigned duties during the pendency of their courts martial and/or related administrative proceedings. Even members of the armed forces not directly implicated by the Honorable Mr. Murtha's hate speech have been harmed, as were their predecessors who returned from the Vietnam War to be spat upon and otherwise disparaged because of their occupation, appearance, socioeconomic status and perceived subnormal intelligence and moral-political views.
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Article Author: Dan Miller

Dan was graduated from Yale University in 1963 and from the University of Virginia School of Law in 1966. He practiced law in Washington, D.C., retiring in 1996 to sail with his wife in the Caribbean. They settled in a rural area in Panama in 2001. …

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  • 1 - Clavos

    Jun 18, 2008 at 11:28 pm

    What's all this talk about hate speech??

    What's up with that?

    Are there really people who hate speech?

    That's just plain silly!

    How would we all communicate without speech?

    What kind of numbskull hates it?



    What? Are You sure? That's what it means? Oh...



    Never mind.

  • 2 - Clavos

    Jun 18, 2008 at 11:31 pm

    Apologies to Gilda, RIP.

  • 3 - hitherelol

    Jun 19, 2008 at 3:19 am

    Free Speech doesn't exist anymore. It's been banned in Europe and Canada, and it never existed in the Muslim World. It also doesn't exist in Cuba, North Korea, Russia, Venezuela, Burma, or any other commie country.

    The United States stands alone as the last nation on Earth that allows people to say or write things that might offend a member of a protected minority group. (Even if that "minority" is technically a majority, in the case of women.)

    But that won't last long, under President Barack McCain Obama. I fully expect to be imprisoned sometime in 2009 for saying something intemperate and unpleasant, and sent to a place where my cellmate is a murderous MS-13 gang-banger...and my life-expectancy will be measured in minutes, not years.

    The end of freedom is approaching. Can you feel it? Are you doing anything about it?

    Didn't think so. Me neither.

  • 4 - Doug Hunter

    Jun 19, 2008 at 10:08 am

    "The end of freedom is approaching. Can you feel it?"

    Approaching, it's funeral is long past. The problem with freedom is that it includes the option of doing the 'wrong' things. The government today only reserves for us the freedom to make the 'right' choices.

    Freedom to do only the right thing isn't really freedom at all.

  • 5 - Dave Nalle

    Jun 19, 2008 at 11:15 am

    Is it really already National Brotherhood Week again? It seems like the last one was only a few days ago.

    Dave

  • 6 - Dan Miller

    Jun 19, 2008 at 11:27 am

    Dave,

    Shame on you. It is now National Siblinghood Week. As we evolve, it will become International Mamalhood Week, and eventually Intergalactic Beinghood Week. As you are a being in the forefront of liberal thought, I should not have been forced to point these things out to you.

    Dan

  • 7 - Joanne Huspek

    Jun 19, 2008 at 11:36 am

    Hmm... Do I really have to be nice to all of you?

    :-)

  • 8 - Ruvy

    Jun 19, 2008 at 11:36 am

    It is also Kindness to International Welshers Week (KIWW). This is not anything to do with Wales, but rather with those who do not pay their bills, and celebrates adversity as well as diversity, teaching that welshing on bills is just as acceptable as paying them.

    As International Chairman, I'll be holding seminars for the entire week, which extends from today until next Turdsday (whenever that is).

  • 9 - Jordan Richardson

    Jun 19, 2008 at 11:42 am

    The end of freedom is approaching. Can you feel it? Are you doing anything about it?

    People have been saying this since the Dawn of Time.

  • 10 - Lee Richards

    Jun 19, 2008 at 11:50 am

    Dan,

    It's obvious that you have very carefully chosen letters in your title that can be rearranged to "d-a-m-n", "r-i-d-i-c-u-l-e", "d-i-s-p-a-r-a-g-e" or "d-e-n-i-g-r-a-t-e" any number of individuals or groups that you really mean to insult in such cleverly coded language:

    "l-e-f-t" or "r-i-g-h-t", "g-a-y" or "s-t-r-a-i-g-h-t", r-a-c-i-s-t" or "a-n-t-i-r-a-c-i-s-t", "c-h-r-i-s-t-i-a-n" or "a-t-h-e-i-s-t", "h-o" or v-i-r-g-i-n", etc., etc.

    So don't think you're fooling anyone by calling this satire. There ought to be a law!

  • 11 - Dan Miller

    Jun 19, 2008 at 11:58 am

    Lee,

    You caught me. However, not completely. If you will speak and record the words, and then play them backwards, you will find that the title is an homage to Satan.

    Dan

  • 12 - Lee Richards

    Jun 19, 2008 at 12:59 pm

    Or Santa.

  • 13 - Clavos

    Jun 19, 2008 at 1:18 pm

    "Beinghood?? Beinghood?

    What about rocks? Are they chopped liver?

    And sand?

    Heavy metals?

    In fact, all of the elements?

    Mr. Miller, I fear you are in danger of falling into the heresy of being non-inclusive. This tribunal mandates that you shall be remanded to Fiji, where it is hoped you will reflect on your inadequacies and apostasies and will seek guidance to remedy your ways.

  • 14 - Dan Miller

    Jun 19, 2008 at 1:40 pm

    Clav,

    Although it pains me to say so, I fear that you have fallen into the same error and that we must both be punished severely. I am not at all certain that being transported to Fiji is adequate. Perhaps Zimbabwe would be better, as there we could receive guidance from President Mugabe, whose qualifications in the area of sensitivity are well known.

    Nowhere, in your otherwise excellent and perceptive post, do you mention plant life -- yes, life -- vegetables, fruits, trees, etc. Have you ever really listened to the screams as an asparagus shoot is cut? Those of us who have are well aware that they, too, feel pain and suffer greatly when disparaged.

    I have asked my pet rock for forgiveness, and S(he)H(e)it has graciously granted it. Go thou and do likewise.

    Dan

  • 15 - Dan Miller

    Jun 19, 2008 at 3:13 pm

    The truth has finally been spoken, thanks be to Allah.

    Last week, Ekmeleddin Ihsanoglu, secretary general of the 57-member Organization of the Islamic Conference (OIC), warned a gathering in Kuala Lumpur that "mere condemnation or distancing from the acts of the perpetrators of Islamophobia" would not suffice. He recommended that Western countries restrict freedom of expression and demanded that the media stop publishing "hate material" like the Danish cartoons. "It is now high time for concrete actions to stem the rot before it aggravates any further," he said.
    Who are we to be out of sync with the rest of the free world?

    Dan

  • 16 - Baronius

    Jun 19, 2008 at 3:39 pm

    Hey Dan, I just noticed that according to your definition of hate speech, it would include the Democrats' plan to tax the rich. It's speech intended to incite prejudicial action against a group of people based on their socioeconomic class.

  • 17 - Dan Miller

    Jun 19, 2008 at 5:33 pm

    Baronius,

    True, very true. However, I cannot claim credit(?) for the definition. I just took (and of course provided a link to) a commonly accepted definition.

    My own definition would be "speech, action, belief or thought which anyone, no matter how stupid, ugly, dense, or ineffectual -- or anyone purporting to speak or act on his, her or its behalf -- might conceivably be able to twist and thereby deem offensive."

    Lest I offend anyone, permit me simply to say, "ugh, duh, grunt, grumble, mumble."

    Dan

  • 18 - Clavos

    Jun 19, 2008 at 5:47 pm

    As one who is fluent in gruntgrumblemumblese, Dan, I am deeply offended by your comment #17, and am herewith formally petitioning the Comments Editors to remove said comment on the grounds that it constitutes a personal attack on all gruntgrumblemumblers.

    I am also instructing my attorney to file a class action suit.

    I will also be leading a march on the Mall of The Americas in Bloomington, MN on Sunday. (The Mall in D.C. was booked.)

  • 19 - Lee Richards

    Jun 19, 2008 at 6:31 pm

    Clavos,

    I hope you have a permit. Marching on a mall in another state has been deemed by the congress to be both interstate commerce and environmental degradation, and therefore under the same stringent EPA regulations enacted to protect migratory birds who visit malls thinking the parking lots are lakes.

  • 20 - Dan Miller

    Jun 19, 2008 at 6:52 pm

    Clav,

    Please be aware that nowhere in the definition of hate speech is there a reference to double posters. I thought at first that you were trying to achieve a stereographic effect, but hurt my neck by attempting to read the two posts side wise and crossed my eyes in the process. I am accordingly filing suit for intentional infliction of bodily harm. In addition, I am hereby requesting the Comments Editor to delete one of your posts.

    As to a permit, lots of luck. Just be sure to file an environmental impact statement and to solicit the support of the Greens, PETA and St. Al the Gored. On the other hand, you might consider seeking protected status as a migratory foul(SP) and thereby secure exemption from the rules cited by Lee.

    Dan

  • 21 - Baronius

    Jun 19, 2008 at 9:11 pm

    Dan, you're not cross-eyed. That's a perjorative term, indicating a disability. You're "dually-focused", and it's a differentability.

  • 22 - duane

    Jun 19, 2008 at 11:22 pm

    This should be extended to 'hate gestures,' such as:

    eye-rolling (to indicate that you said something cliche or even stupid)

    whirling a finger around the ear (to indicate an accusation of craziness)

    fake closed-lip smile with eyes slowly closing (to indicate that you are trying a person's patience)

    raised eyebrow with lips pressed tightly together (to denote that you are full of it)

    folding arms (to indicate that you will get nowhere with this line of reasoning)

    scratching head (to indicate that you are making no sense)

    scratching chin (to indicate that you are making no sense)

    looking at watch (to indicate that you are boring)

    leaning head over sideways (to indicate that you are infringing on a person's time)

    leaning head far backward (to indicate that you have exasperated a person)

    opening eyes and mouth widely at same time (to indicate that you have said something inappropriately outrageous)

    sticking out lower lip (to indicate that you are whining)

    slightly elevating chin from normal position (to indicate that you are inferior)

    quick double or triple nod with lips slightly parted and eyes slightly widened (to indicate that you said something not quite cool enough)

    That's just a sample of my 655 demeaning gestures. I hate ... oops .. I mean ... ummm ... those gestures are not conducive to spreading understanding and good will.

  • 23 - Cindy D

    Jun 20, 2008 at 9:28 am

    Re#14

    Thanks Dan for standing up for Vegetable Rights. I thought Samuel Butler and I were the only ones who cared!

  • 24 - Cindy D

    Jun 20, 2008 at 9:32 am

    Down with vegetarians!

  • 25 - Dan Miller

    Jun 20, 2008 at 10:55 am

    Cindy D,

    It is meat and right that you should so proclaim. Down, I say, with all who eat vegetables, meat, insects and any other living or previously living creature. Down as well with all who sacrifice these fine creatures for clothing, shoes, furniture, and everything else. Even the theft of wool from innocent sheep must stop immediately.

    The fact that that puts us all in rather a pickle (and I do not intend to disparage cucumbers, etc.) is no excuse. We must do what is right!

    Yours in the bowels of Mani,

    Bishop Dan

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