We often hear demands to ban so-called “hate speech.” Negative remarks about various groups, including women, black people, homosexuals, Jews, Muslims, can it is alleged, have a negative effect on members of the group who hear or see the speech. It encourages people to hate them and cements negative stereotypes about them in people’s minds. In addition, hearing or seeing “hate speech” offends the members of the group. Free speech may have some value, but whatever value it has it outweighed by the evil of “hate speech.” Almost any group can claim to be victimized by “hate speech,” except for white heterosexual males and Christians, but “hate speech” applies primarily to members of so-called “protected classes.”
From a libertarian standpoint, the question of banning so-called “hate speech” is a no-brainer. Banning any kind of speech, whether it is good or bad, is incompatible with a free society. As the great Murray Rothbard has taught us, all rights are property rights. Everyone can set the rules for speech on his own property, and no one has the right to control what anyone says on someone else’s property. This includes speech which counts as “offensive.” Of course, we don’t live in a libertarian society, but we should come as close as we can in practice to it. This means following the strictest possible interpretation of the First Amendment. “Congress shall make no law. . abridging the freedom of speech, or of the press.” “No law” means “no law” and that includes laws against so-called “hate speech.”
Some states have “hate speech” laws on the books. New York is considering a law, already passed in California that requires social media companies to report “hate speech.” This is the “Stop Hiding Hate Act” and has been passed by the State’s Assembly. Here is an account of the measure from Vince Chang, who favors it:
“Under pressure from the ADL [Anti-Defamation League] and other groups, internet platforms have voluntarily adopted measures to regulate hate speech. The ADL described some of the measures that have been taken: Facebook prohibited Holocaust denial content, hired a vice president of civil rights, changed parts of its advertising platform to prohibit various forms of discrimination; expanded policies against content that undermined the legitimacy of the election; and built a team to study and eliminate bias in artificial intelligence. Due to pressure from ADL and other civil rights organizations, Twitter banned linked content, URL links to content outside the platform that promotes violence and hateful conduct. Reddit added its first global hate policy, providing for the removal of subreddits and users that “promote hate based on identity or vulnerability.”
We can see how such laws have a chilling effect on speech if we look at bans on so-called “hate speech” in foreign countries where they are already in operation. I want to focus especially on the Scottish Hate Speech Act.
Let’s first look at an official summary of the Scottish act, from the Scottish parliament site:
“Hate crime is the phrase used to describe behaviour which is both criminal and based on prejudice.
There are already laws in place to protect certain groups from hate crime.
This Bill aims to do three things. It updates these existing laws and pulls most of these laws into one Bill. It also adds to the groups currently specifically protected by hate crime laws.
Criminal courts can generally take into account any prejudice when sentencing a person. Also, people are protected from hate crime through specific laws that apply.
Hellbound and Down 
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