In Should Hate Speech Be Banned? Santa Clara University economics professor Fred E. Foldvary (2008) claims that hate speech should not be banned because it would undermine freedom and democracy. Foldvary (2008) claims that hate speech may be "offensive" but it is not "harmful," so should not be banned (p. 1). If we ban anything offensive, then we are choosing to censor language that we do not like which can lead to the kinds of abuses in Nazi Germany, where Jewish books or articles were banned. Foldvary (2008) also maintains if we make a list of groups like African Americans and gays and ban hate speech toward them, we only make it more likely that groups not on the list will become the new targets of hate speech.
Despite the often vile and repulsive nature of hate speech, this form of speech is protected by the U.S. Constitution Bill of Rights and should continue to be. The First Amendment (2010) reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press" (p. 1). While some forms of speech are illegal, like yelling "fire" in a crowded theater, it is impossible to censor speech and have a free society. While we may despise hearing hate speech and though it is often hurtful, it is a slippery slope for legislators to begin choosing which words or which kinds of speech are "acceptable" or "unacceptable." This is what happened during Fascism in Europe during World War II, as the Nazi government abolished free speech and penalized those who spoke out against them. For this reason we must permit free speech in the form of hate speech, even though we may detest it personally and socially.
First Amendment: U.S. Bill of Rights. Cornell University Law School. Retrieved January 21, 2010 from: http://topics.law.cornell.edu/constitution/billofrights, 1-2.
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