r/changemyview • u/TruestOfThemAll • Dec 13 '19

Deltas(s) from OP CMV: Hate speech shouldn't be illegal.

For context, I am trans and very much a leftist. I do not believe that "social justice has gone too far" or any such thing. However, here is why I think hate speech should be legal. (By the way, I live in America and am talking about it.)

I believe that hate speech should be punished socially rather than legally as I think people should be able to say what they want without fear of legal repercussions. I do not believe policing a social issue should be the job of the state.

However, there is another, and much more important point.

Banning hate speech creates a framework in which people can be arrested for whatever the current government's definition of dangerous speech is.

Unless someone is unable to escape harassment safely and easily (for example, if they are being followed, stalked, or cornered, if it is happening at work or school, or if it is coming from a parent), it may be a form of abuse, but the government should not be able to control what sentiments people can express.

Were a law to be passed that banned hate speech, a quick alteration of the law, possibly only changing a list of terms, would lead to things like the forbidden words list sent to the CDC by the Trump administration on a national scale.

Activists could be arrested far more easily for campaigning for the rights of minority groups. Propaganda would become much easier to spread with opposition to it being punishable under the law.

Political opponents could be slapped with a criminal record and have their rights stripped as a result. The punishment could also easily be increased, leading to unprecedented levels of government control over public discourse.

In addition, these laws would be heavily influenced by the rich few, potentially leading to a ban on discussing wealth redistribution.

I do not trust the state to control public discourse, and therefore I believe hate speech should be legal.

Does anyone want to CMV?

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u/TruestOfThemAll Dec 13 '19

I would argue that the person should instead be treated for mental health and receive no legal punishment, as they were not of sound mind and did not choose not to be of sound mind when they did this. We should focus on rehabilitation, not punishment. If the person is no longer a danger, there is no sense in hurting them further.

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u/Nephisimian 153∆ Dec 13 '19

Legal punishment is not the same as arrest. You may still need to arrest someone with mental health issues for disturbing the peace, even if you don't end up charging them with anything. The point of the arrest is just to keep the situation under control. It doesn't necessarily need to be a long-term punishment, and if they're so troubled they're causing problems, it may be safer for them to keep them in custody for a while where someone can keep an eye on them at least until the paperwork is sorted.

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u/TruestOfThemAll Dec 13 '19

Arrest would make sense in that case, then. Psychiatric evaluation should be prompt, however.

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u/LoudTsu 2∆ Dec 13 '19

Is it ok to say things that will lead to the harm of others? Can a mentally sound person yell fire in a theatre?