Help me out here: Incitement to Hatred v Freedom of Speech...what's the story?

[Jackeens]

Sorry, I'm raising THAT cartoon again. I understand the value placed on the First Amendment/freedom of speech in the US, but are there ANY laws - eg incitement to (racial) hatred - under which the NY Post could be prosecuted? (Granted, proving the case is another story). Do such laws vary state by state? Are there any laws similar to the 2006 Racial and Religious Hatred Act in the UK? (http://en.wikipedia.org/wiki/Racial_and_Religious_Hatred_Act_2006)

Thank you.

[Hello_Kitty]

1. No laws that I'm aware of.

Still, the court of public opinion can condemn them.

[rug]

2. It would be a stretch to make this one stick.

http://criminaljustice.state.ny.us/legalservices/ch107_hate_crimes_2000.htm

[Jackeens]

3. Thanks rug - have there been any successful Hate Crimes' prosecutions? n/t

[rug]

5. Here's one from the Bronx. But a firebombing is a far cry from a cartoon.

http://www.adl.org/PresRele/hatcr_51/4209_51.asp

[FrenchieCat]

4. Don't know, but I do know this......

:cry:

[liberalmuse]

6. Unfortunately, no.

The only "law" I know of that would supercede free speech is yelling "Fire" in a crowded theater. I find the NY Post depiction extremely offensive. There is no fake outrage here. For those of us who've lost sleep worrying about our President and his family, this kind of shit is unforgivable. Then there's the animal rights issue. I don't get off on seeing monkeys blown away and lying in their own blood.

I'm torn on the monkey/racist issue. I guess I can't quite believe people are that stupid. Monkeys are lovely creatures. I guess the aim here is dehumanization in comparing blacks to monkeys. The attempt here is to insult, degrade and dehumanize our brothers and sisters. It is base, immoral and unacceptable. Frankly, I wouldn't stoop to insult a monkey or any animal for that matter, by comparing these beings to a racist. It's sad that some people feel the need to demean others to feel superior.

I've noticed a rather disturbing trend of the Republicans showing outright contempt for President Obama. Yes, it IS racism. Or jealousy. I have no doubt whatsoever that racism was behind the despicable McCain campaign against Obama--it just felt that ugly, and I'm usually right about this shit.

[Hutzpa]

7. In the UK

if I remember correctly (which I'm sure someone will correct me if I'm wrong)
a public depiction of racism by any media or anyone representing is an offence
and will be liable for suit. You do have the subtle depictment, even those get
chase down and fines are heavy.

Its only in America that newspaper such as NY post will get away with that type of
despicable act and people defend it as being satire.

People will be on the streets demand retribution...thats for sure.

[jberryhill]

8. No

The "fire in the crowded theater" thing gets way overplayed.

Incitement is a situation where there is an imminent threat of palpable action that one is egging on or causing.

It's like getting an angry crowd together at a protest, whipping them up into a frenzy, and shouting, "Now, go smash the window of that bank across the street!" You are there. The crowd is there. The bank is there. You know they are fired up, and taking your direction right at that time and place. That's "imminent".

This cartoon is not going to make some guy say, "Hey, now there's an idea. I guess I'll go shoot the president."

Shouting "jump" at a depressed person on a ledge is one thing. Publishing a book like "Final Exit", which describes and discusses effective suicide techniques, is quite another thing.

[onenote]

9. fortunately, no.

The First Amendment and all that jazz.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/brandenburg.html

[kirby]

10. The Press has wide latitude...

Freedom of the Press coupled wiht Freedo of Speech is a powerful defense to any incitement charge.

[Danger Mouse]

11. Nope. All we can do is hit them in their pocketbook and put public pressure on them.

[ddeclue]

12. Congress shall make no law...

read the First Amendment...

Thank God we aren't England with their absurd big brother laws.

Doug D.

[Beacool]

13. Freedom of Speech

The overreaction over the cartoon is unwarranted. The guy would have drawn the same cartoon regardless of who was president. It's the Post, they are RW and this cartoonist always takes the current headline to make a political cartoon out of it.

If Sharpton hadn't raised his usual heckles, most of the country wouldn't have even known about this not particularly funny cartoon.

:eyes:

[cliffordu]

14. I'm all for the complete freedom of speech.

But I'm also for the courage of your convictions...

If someone draws a racist cartoon concerning the killing of a monkey implied to have written the landmark legislation of our first AA President, I am (regrettably) for protecting that speech.


However:


I am also in favor of not crying over it if someone else caves that fuckers head in, either.

Ya gotta walk the talk.

:shrug:


I'm just sayin'