Author Question: How would you clearly distinguish between hate speech versus speech that is merely annoying, ... (Read 165 times)

james9437 · **on:** Jun 24, 2018

How would you clearly distinguish between hate speech versus speech that is merely annoying, critical, or offensive? Would you be willing to defend someones right to use annoying, critical, or offensive speech? How would you respond if such speech were directed at you or a loved one?

Question 2

What can an ISP do to limit the distribution of hate email? Why would such actions not be considered a violation of the subscribers First Amendment rights?

s.meritte · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Hate speech is the persistent or malicious harassment aimed at a specific person which can be prosecuted under the law, but general, broad statements expressing hatred of an ethnic, racial, or religious group cannot. On the other hand, speech that is merely annoying, critical, or offensive does not intimidate or threaten specific citizens. An individuals right to use annoying, critical or offensive speech can be defended as it is a part of their freedom of speech protected by the First Amendment of the U.S. Constitution.

Answer to Question 2

An Internet service provider (ISP) publishes user-generated content and is provided immunity by Section 230 of the CDA as long as its actions do not rise to the level of a content provider. Although ISPs do not have the resources to prescreen content (and they do not assume any responsibility for content provided by others), many ISPs do reserve the right to remove content that, in their judgment, does not meet their standards, which can help limit the distribution of hate email. The speed at which content may be removed depends on how quickly such content is called to the attention of the ISP, how egregious the content is, and the general availability of ISP resources to handle such issues. Because such prohibitions are included in the service contracts between a private ISP and its subscribers, and do not involve the federal government, they do not violate the subscribers First Amendment rights.