University:
Bradley University
Course:
PLS 105 | Introduction to American Government
Academic year:

2019
Views:

149

Pages:

2
Author:

brnknoutel

Collin vs Smith ● Not a supreme court case ● A nazi group plans demonstration in front of a Stokey hall ○ Predominantly Jewish; many survived the concentration camps; Holocaust survivors ● Many ordinances were done to stop the demonstration ○ Forbade the dissemination of “racially or religious hatred” → hate speech ○ Include public display of markings, clothing of symbolic significance which would have included swastika and nazi uniform RAV ● ● ● ● ● ● Court’s important case of protection of hate speech Hate speech, including racist speech, is constitutionally protected Defendant RAV, minor and several teenages, burned a homemade cross in the lawn of African Americans Saint Paul - anti bias ordinance → prohibited the burning of the cross ○ Does Not ban all forms of hate speech Supreme court ○ 9-0 ○ Found the saint paul unconstitutional because it infringes on constitutional speech Scalia ○ “Saint paul does not have authority to license one side of the debate to fight freestyle while requiring the other to follow the marqueed “Queensbury “ rules ■ marqueed “Queensbury “ rules ● Rules put in place in 1800s ● Wearing gloves ■ Unfair if one side of the debate is subject to rules and the other side is not subject to any rules (anti hate speech rules) ○ The ordinance is under inclusive ■ Does not include all categories ■ Does not apply to hate speech that concerns political affiliations, union membership, and being a member of a sexual minority (sexual identity) ■ Only covers race, religious, and gender … ○ Let’s say there is conformation over religion and same sex marriages ■ GAYS can criticize gays and call them names because the ordinacne didn't ban hate speech on sexual identity ■ But if gays criticized the church, they would not be covered by the ordinance and could be accused of hate speech ○ If you want to be fair, Ban all forms of hate speech (all kinds) or don't ban any hate speech → two options that government has ○ Hate speech laws actually are discriminatory on the basis of viewpoint ■ If you take the politically correct position (racial equality), there is no chance you will be charged of hate speech because it is socially acceptable viewpoint (correct viewpoint) ■ If you say that one race is better than the other (not a socially acceptable viewpoint; against racial equality) will be prosecuted for hate speech ■ Not neutral; they negatively affect certain viewpoints more than others

Colin v Smith, Civil Liberties

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