Anti-Hate Speech Law

[GenX]

Too Many Daves said on another (now deceased) thread that the United States has an anti-hate speech law on the books. Can anyone find this law? Anyone know when it was adopted? What it says?

Dave???

[adigirl]

Look it up if you are so interested.

[GenX]

That's the problem, I can't find a thing...and I live in the U.S.!!!

Any help would be greatly appreciated.

[adigirl]

The federal “anti-hate” bill, HR 254

[Return of Too Many Daves]

I said anti-hate law. And Adigirl seems to have done the job. Thanks.

[GenX]

Oh, it's a matter of semantics again. I see

Here's the current status of the proposed legislation:

Jan 5, 2007 *Introduced
- Scheduled for Debate (not yet)
- Voted on in House (not yet)
- Voted on in Senate (not yet)
- Signed by President (not yet)
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

LINK

Hmmmm...seems this proposed legislation hasn't got very far in Congress. The outlook doesn't look too good for ol' HR 254.

So, can I assume Adgirl and David know the difference between proposed legislation (HR 254)and an actual law (European Arrest Warrant)?

[Return of Too Many Daves]

Oh semantics, you mean I say something, and you change it to something else and then I'm guilty of semantics. LOL

Also you are STILL missing the point. The EAW does not contain any hate laws! Perhaps you mean the UK's incitement to racial hatred laws, or Germany's Volksverhetzung etc. etc?

[Hans]

So, from what I understand, I can spew out whatever I want in the US and I can not get charged for it.

I tell you what. Next time I cross the border with the US, I am going to rant and spew a bunch of hatred towards the border guards.

There's nothing they can do, right Speedy?

[adigirl]

This does not list the good old US where you can create the next Hitler is you want too!!!! One huge problem I have with the US is that their priorities are totally screwed sometimes and they put out too much emphasis and energy on protecting people who should not be protected.


Laws against hate speech

In many countries, deliberate use of hate speech is a criminal offence prohibited under incitement to hatred legislation.

Some examples:

In the United Kingdom, incitement to racial hatred is an offence under the Public Order Act 1986 with a maximum sentence of up to seven years imprisonment.

In Germany, Volksverhetzung (incitement of hatred against a minority) is a punishable offense under Section 130 of the Strafgesetzbuch (Germany's criminal code) and can lead to up to five years imprisonment. Volksverhetzung is punishable in Germany even if committed abroad and even if committed by non-German citizens, if only the incitement of hatred takes effect within German territory, e.g. the seditious sentiment was expressed in German writ or speech and made accessible in Germany (German criminal code's Principle of Ubiquity, Section 9 §1 Alt. 3 and 4 of the Strafgesetzbuch).

In Ireland, the right to free speech is guaranteed under the Constitution (Article 40.6.1.i). However, the Prohibition of Incitement to Hatred Act, proscribes words or behaviours which are "threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred" against "a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation."[1]

In Canada, advocating genocide or inciting hatred against any 'identifiable group' is an indictable offense under the Canadian Criminal Code with maximum terms of two to fourteen years. An 'identifiable group' is defined as 'any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.' It makes exceptions for cases of statements of truth, and subjects of public debate and religious doctrine. The landmark judicial decision on the constitutionality of this law was R. v. Keegstra (1990).

In Iceland, the hate speech law is not confined to inciting hatred, as one can see from Article 233 a. in the Icelandic Criminal Code, but includes simply expressing such hatred publicly:
"Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly assaults a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to 2 years." (The word "assault" in this context does not refer to physical violence, only to expressions of hatred.)

Victoria, Australia has enacted the Racial and Religious Tolerance Act 2001, which prohibits conduct that incites hatred against or serious contempt for, or involves revulsion or severe ridicule of another on the grounds of his race or religious beliefs.

New Zealand prohibits hate speech under the Human Rights Act 1993. Section 61 (Racial Disharmony) makes it unlawful to publish or distribute "threatening, abusive, or insulting...matter or words likely to excite hostility against or bring into contempt any group of persons...on the ground of the colour, race, or ethnic or national or ethnic origins of that group of persons." Section 131 (Inciting Racial Disharmony) lists offences for which "racial disharmony" creates liability.

France has made hate speech laws restricting the open expression of anti-Semitism, and ethnic bias in public, but it implies to guidelines in news journalism (i.e. newspapers and state-owned Television) in how to report (or be told not to discuss) those matters without creating social tension.[citation needed]

Singapore has passed numerous laws that prohibit speech that causes disharmony among various religious groups. The Maintenance of Religious Harmony Act is an example of such legislation. In 2005, three men were convicted for hate speech under the Law of Singapore.[citation needed]

In Brazil, according to the 1988 Brazilian Constitution, racism and other forms of race-related hate speech are "imprescriptible crime(s) with no right to bail to its accused".[2] In 2006, a joint-action between the Federal Police and the Argentinian police has cracked down several hate-related websites. However, some of these sites have recently reappeared -- the users have re-created the same sites on American domain. The federal police have asked permission from the FBI to crackdown these sites, but the FBI denied claiming that the First Amendment guarantees the right to any speech, even if it involves racism.

Sweden prohibits hate speech, hets mot folkgrupp, and defines it as publicly making statements that threaten or express disrespect for an ethnic group or similar group regarding their race, skin colour, national or ethnic origin, faith or sexual orientation.[3]

Finland prohibits hate speech, hets mot folkgrupp/kiihotus kansanryhmää vastaan, and defines it as publicly making statements that threaten or insult a national, racial, ethnic or religious group or a similar group.[4]

Denmark prohibits hate speech, and defines it as publicly making statements that threaten, ridicule or hold in contempt a group due to race, skin colour, national or ethnic origin, faith or sexual orientation.[5]

Norway prohibits hate speech, and defines it as publicly making statements that threaten or ridicule someone or that incite hatred, persecution or contempt for someone due to their skin colour, ethnic origin, homosexual life style or orientation or, religion or philosophy of life.[6]

Serbia - Serbian constitution guaranties freedom of speech, but declares that it may be restricted by law to protect rights and respectability of others. Because of inter ethnic conflicts during last decade of 20th century, Serbian authorities are very rigorous about ethnic, racial and religion based hate speech. It is processed as "Provoking ethnic, racial and religion based animosity and intolerance" criminal act, and punished with six months to ten years of imprisonment.[citation needed]

The Council of Europe has worked intensively on this issue. While Article 10 of the European Convention on Human Rights does not prohibit criminal laws against revisionism such as denial or minimization of genocides or crimes against humanity, as interpreted by the European Court of Human Rights, the Committee of Ministers of the Council of Europe went further and recommended to member governments to combat hate speech under its Recommendation R (97) 20. The Council of Europe also created the European Commission against Racism and Intolerance (www.coe.int/ecri ) which has produced country reports and several general policy recommendations, for instance against anti-Semitism and intolerance against Muslims.

[adigirl]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Hans</div><div class="ubbcode-body">So, from what I understand, I can spew out whatever I want in the US and I can not get charged for it.

I tell you what. Next time I cross the border with the US, I am going to rant and spew a bunch of hatred towards the border guards.

There's nothing they can do, right Speedy?
</div></div>

LOL I'd like to see Speedy test that out in his own Country.

[GenX]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: adigirl</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Hans</div><div class="ubbcode-body">So, from what I understand, I can spew out whatever I want in the US and I can not get charged for it.

I tell you what. Next time I cross the border with the US, I am going to rant and spew a bunch of hatred towards the border guards.

There's nothing they can do, right Speedy?
</div></div>

LOL I'd like to see Speedy test that out in his own Country. </div></div>

Apples and oranges, people. Someday you actually debate what the issue is about, instead of playing your childish games in order to mask your inability to discuss most issues at length.

[adigirl]

You crack me up. lol

[GenX]

That's usually a normal nervous reaction when someone describes something about you that you would just as soon have stay hidden from view.

It's okay, you're only human. [img]/ubbthreads/images/%%GRAEMLIN_URL%%/smile.gif[/img]

[adigirl]

That's funnier!

[Hans]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Speedy the Parrot</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: adigirl</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Hans</div><div class="ubbcode-body">So, from what I understand, I can spew out whatever I want in the US and I can not get charged for it.

I tell you what. Next time I cross the border with the US, I am going to rant and spew a bunch of hatred towards the border guards.

There's nothing they can do, right Speedy?
</div></div>

LOL I'd like to see Speedy test that out in his own Country. </div></div>

Apples and oranges, people. Someday you actually debate what the issue is about, instead of playing your childish games in order to mask your inability to discuss most issues at length. </div></div>

Apples and oranges? I am just putting into reality what you explained to me.
Maybe I should try it with a Afro American police officer instead? Tell him I am a member of the KKK and all that good stuff.
Again, nothing he/she can do, as I do not brake any US laws doing that.

[GenX]

Hans, why are you going after people of the law? Try your hate speech on an ordinary citizen.

You know harassing law enforcement people is under a different category.

That's what I mean by you having to go to extremes to make some kind of point. You make no point at all.

Go spew off hate speech to an African American over here. You won't be arrested for it. You may get your butt kicked clean to kingdom come by the guy you are confronting, but you won't get arrested for it.

When you do this, can I come and watch?

[Hans]

"You know harassing law enforcement people is under a different category."

It's funny.
When you spew of hate speech to law enforcement people it's called harrasment.

When you do the exact same thing to a citizen, it's something different.

Way to go!

[GenX]

Hans, when you go after someone who enforces the law it is different, even you know that.

You know darn well that hate speech is concerned about what you say about somebody. The fact you are going this long trying to defend the disaster known as the European Arrest Warrant shows you have one mode and one mode only: Blame the U.S., and criticize her at every chance.

Blind anti-Americanism isn't pretty, but it can be amazing to watch those that spew it try to defend the indefensible.

[Hans]

"The fact you are going this long trying to defend the disaster known as the European Arrest Warrant shows you have one mode and one mode only: Blame the U.S., and criticize her at every chance."


Speaking about being obsessed!
Btw, who says the US is a "she"?

[GenX]

You right, compared to Europe the U.S. is a HE, no doubt about it.

You know what is difficult, though? Calling Europe a "castrated male". It just doesn't flow off the tongue like "he" or "she" does.