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(Vera Speaking) | ||||||
MAIN PATH: Malik | |||||||
You're assuming that I am arguing that the rights guaranteed by
the First Amendment are to be limited simply because they do harm.
In legal terms, I won't make that argument. Instead, I will argue
that the rights guaranteed by the First Amendment can and should
be limited because they conflict with other rights. Here's my
view:
- The First Amendment guarantees a broad range of free expression.
- The Fourteenth Amendment guarantees certain equality rights.
- Hate speech interferes with and works against the equality guaranteed by the Fourteenth Amendment.
- The right of free expression can be constitutionally limited and should be limited in so far as is necessary to protect the equality rights guaranteed by the Fourteenth Amendment.
Morally, I would argue that people have equality rights that must be considered alongside their liberty rights. Legally, I don't argue that the protection of the First Amendment should be restricted simply because the world would be a better place if it were. I argue that there are other constitutional rights, of equal importance, that are being violated by those who use hate speech. That speech can be restricted in order to strike the proper balance between these two different groups of rights.
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