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The Constitutionality of Hate Speech

music because it can cause others to do violent acts. This idea may be true some of the time, but people are responsible for their own actions, not the artist. In the case of radio show host Dr. Laura Schlessinger, homosexuals feel that they are given a “false image” in the eyes of mainstream America (1). Homosexuals feel that Dr. Laura’s criticism often gives people the idea of political incorrectness (1). Maybe it does, but Dr. Laura has the right to do so as protected by the First Amendment. On the reverse side, homosexuals have the right to set up their own radio stations that would allow for counter speech. That is why the government should not censor entertainment, because all ideas should be allowed and expressed. Who is to list what is good speech and what is bad speech?In resolution, the government has two distinct duties regarding private industry. First, the government may extend harassment to encompass hate speech. According to Kristen Hamilton, the Saratoga County Youth Court director, “harassment is defined as inciting violence, causing alarm, or annoyance” (Hamilton). She goes on to say, “hate speech is considered acceptable on the large group scale. However, when it is directed toward an individual it is considered harassment” (Hamilton). However, it is up to the individuals, and individual businesses to enforce this policy. Second, the government should be allowed jurisdiction on the minimum age for buying music that contains hate speech. Also, the government may regulate the noise level for all types of music in public, in order to prevent situations where minors are exposed to inappropriate content. In essence, the government may not single out any particular person, group, culture, or society for the purpose of restriction. However, it is acceptable to regulate based on age and societal need.Finally, one must encourage government restriction of hate speech in...

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