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A hate crime is crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.
Hate speech is a term with varied meaning and has no single, consistent definition. It is defined by the Cambridge Dictionary as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". The Encyclopedia of the American Constitution states that hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, color, national origin, sex, disability, religion, or sexual orientation". There is no single definition of what constitutes "hate" or "disparagement". Legal definitions of hate speech vary from country to country.
The First Amendment to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.
Sandra Day O'Connor was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O'Connor was the first woman to serve as a U.S. Supreme Court justice. A moderate conservative, she was considered a swing vote. Before O'Connor's tenure on the Court, she was an Arizona state judge and earlier an elected legislator in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the United States Senate.
Fred Waldron Phelps Sr. was an American minister and disbarred lawyer who served as the pastor of the Westboro Baptist Church, worked as a civil rights attorney, and ran for statewide election in Kansas. A divisive and controversial figure, he gained national attention for his homophobic views and protests near the funerals of gay people, AIDS victims, military veterans, and disaster victims who he believed were killed as a result of God punishing the U.S. for having "bankrupt values" and tolerating homosexuality. Phelps founded the Westboro Baptist Church, a Topeka, Kansas-based independent Primitive Baptist congregation, in 1955. It has been described by the Southern Poverty Law Center as "arguably the most obnoxious and rabid hate group in America". Its signature slogan, "God Hates Fags", remains the name of the group's principal website.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.
Nadine Strossen is an American legal scholar and civil liberties activist who served as the president of the American Civil Liberties Union (ACLU) from 1991 to 2008. A liberal feminist, she was the first woman to lead the ACLU. A professor at New York Law School, Strossen is a member of the Council on Foreign Relations and other professional organizations.
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Virginia Deane Abernethy is an American anthropologist, far-right activist, white nationalist, and self-described "ethnic separatist." She is professor emerita of psychiatry at Vanderbilt University School of Medicine. She has published research on population demography and immigration. She ran for Vice President of the United States in 2012 alongside Merlin Miller for the American Third Position, a party that promotes white nationalism.
The University of Virginia School of Law is the law school of the University of Virginia, a public research university in Charlottesville, Virginia.
Erwin Chemerinsky is an American legal scholar known for his studies of U.S. constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he was the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in South Africa have the same legal rights as non-LGBTQ people. South Africa has a complex and diverse history regarding the human rights of LGBTQ people. The legal and social status of between 400,000 to over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair, was a landmark decision of the US Supreme Court dealing with freedom of speech and freedom of assembly. This case is considered a "classic" free speech case in constitutional law classes. Related court decisions are captioned Skokie v. NSPA, Collin v. Smith, and Smith v. Collin. The Supreme Court ruled 5–4, per curiam. The Supreme Court's 1977 ruling granted certiorari and reversed and remanded the Illinois Supreme Court's denial to lift the lower court's injunction on the NSPA's march. In other words: the courts decided a person's assertion that speech is being restrained must be reviewed immediately by the judiciary. By requiring the state court to consider the neo-Nazis' appeal without delay, the U.S. Supreme Court decision opened the door to allowing the National Socialist Party of America to march.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is a landmark United States federal law, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010. Conceived as a response to the murders of Matthew Shepard and James Byrd Jr., both in 1998, the measure expands the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.
Winfried Brugger was Professor of Public Law, Philosophy of Law and Theory of State at Heidelberg University.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
Bret Samuel Weinstein is an American podcaster, author, and former professor of evolutionary biology. He served on the faculty of Evergreen State College from 2002 until 2017, when he resigned in the aftermath of a series of campus protests about racial equity at Evergreen, which brought Weinstein to national attention. Like his brother Eric Weinstein, he was named as a member of the intellectual dark web in a 2018 New York Times essay by columnist Bari Weiss. Weinstein has been criticized for making false statements about COVID-19 treatments and vaccines, and for spreading misinformation about HIV/AIDS.
Incitement to terrorism is a category in some national legal systems which may criminalize direct encouragement of acts of violence or praise for proscribed terrorist organizations. It was also prohibited by United Nations Security Council Resolution 1624 in 2005.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".
References
- ↑ "James Weinstein". Arizona State University. Retrieved 19 May 2020.
- ↑ "James Weinstein". Archived from the original on 23 July 2020. Retrieved 19 May 2020.
- ↑ "Hate Speech Laws, Legitimacy, and Precaution: A Reply to James Weinstein – Constitutional Commentary". Archived from the original on 2020-04-29. Retrieved 2020-05-19.
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