Thursday, May 28, 2009

First Amendment

The first amendment to the Constitution of the United States reads:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The first ten amendments to the Constitution are also known as the "Bill of Rights" and refer to the rights of the people not the rights of the government. The founders of this country had just fought a war to throw off the tyranny of the King of England and wanted to ensure that the government being established did not end up being as oppressive as the one discarded.

The House of Representatives has passed legislation (HR 1913) to increase the penalty for a violent crime if it was motivated by hate. I don't understand how Congress can legislate away 'hate'. I understand things people say can be offensive. I have been offended at times and have probably also been offensive, but how can Congress label one set of values (and thoughts) as hateful and illegal and still be within the first amendment? Is punishing motives in addition to actions a form of thought control? Is it more acceptable to beat someone up as long as it is done with love?

I have always thought that the freedom of speech leads by a natural extension to a diversity of ideas, thoughts, and expressions. Just because there is diversity, not every thought will be of value or even for the betterment of society as a whole, but the founders wanted to provide an outlet for minority opinion that could not be suppressed by the majority. This would include speech that would be offensive to the majority of the people.

If the government begins to criminalize some speech as hateful, we have lost freedom and will loose diversity. If you think diversity is bad, then hate speech legislation is good way to limit diversity. I am ok with it as long as everyone thinks like me. (NOT!)

What is your opinion?

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