SHOULD HATE SPEECH BE PUNISHED?
1. Toni Morrison in her 1993 Nobel Prize acceptance speech stated the following:
“Oppressive language does more than represent violence; it is violence.” How do Lawrence and Rauch stand on this statement? What is your personal opinion on this statement? Why? Provide empirical evidence to support Lawrence’s, Rauch’s and your viewpoint.
2. Equating ‘verbal violence’ with physical violence,” says Rauch, “is a treacherous, mischievous business.” Incendiary speech must be protected, he asserts, and it is not realistic to think that prejudice and its expression through speech will disappear by punishing it constitutionally. Is incendiary speech an advantage or disadvantage for groups who have historically been discriminated against? In your answer, provide specific historical examples.
3. In your opinion, how would our society change if we were not allowed to express unpopular or minority views? Create two specific situations—one personal and one historical (or modern-day political)—and explain how the legal repression of a dissident view would affect the outcome of each situation.
4. In the case of R. A. V. v. City of St. Paul, it was the Supreme Court’s decision to support the First Amendment rights of the cross burners rather than to focus on the rights of the Jones family. Explain how the Court could have reached this opinion. Do you agree or disagree with the decision? Why?
5. Should all forms of self-expression be protected by law regardless of the nature of what we are saying and how it can affect other parties? State a case for either (1) limiting self-expression under the law (how this law fits in with our First Amendment right to free speech or (2) allowing all forms of self-expression regardless of how they affect other individuals and groups (how this law fits in with our equal rights to life, liberty, and the pursuit of happiness).
6. Lawrence points out that in many cases there is a “tension between the law’s commitment to free speech and its commitment to equality.” When does one right infringe on the other? Can what someone says make another person feel less equal and therefore inferior? Do we foster equality by allowing everyone to have their say, or do we foster equality better by legislating that unpopular opinions against others should be kept private? Discuss.
7. What is politically correct speech? Does political correctness enhance of diminish democracy? Why? Discuss. Provide specific empirical examples whenever pertinent.