The
house bill 3719 in the state of Massachusetts is one that has had quit the buzz
around it, in the last couple weeks. This bill states that the use of the word “bitch”
would be illegal and could face fines and possible jail time if caught using
the word. Many people are saying that this bill will not go far and will probably
not get approved. I want to use this case as an example to show the banning of
hate speech is still prevalent in people’s minds.
First thing
that I want to look at is the way the bill was proposed and how it could have
not drummed up all the attention that it did. The state of Mass. citizens can request
their representative to file the bill on their behalf. The person who wrote the
bill would be the one who would testify for it and the representatives name
would not me included. The bill was filed by Rep. Daniel Hunt, but he claims
the bill was supposed to be by request from a citizen but he forgot to check
the box indicating that on the form. So, Hunt is getting the flak for the bill
instead. The fact that a representatives name was on the bill made it more of a
deal and could be the reason why its getting so much attention. There are
thousand of bills by request a year in Mass. and very little get much attention
or pass but every bill is still heard by the committee.
The precedent
for hate speech is the famous case Brandenburg v Ohio. We know the details of the
case and we know the appellate court overturned the decision saying Brandenburg’s
speech was protected by the first amendment. The court had two points that would
be required for it to be not protected under the first amendment which are "directed
at inciting or producing imminent lawless action" and "likely to
incite or produce such action." If we would look at the bill it would not
pass the test and the speech in question is protected under the first amendment.
If they were trying to propose a law that would ban all curse words than it
would be even more crazy and not even worth talking about. In this bill, they
focus on the word bitch because it is offensive to women specifically. I think
the bill writer was doing this in hopes of invoking support for the bill by
women rights groups. The problem is when you start banning one then another
will follow and then suddenly you have no free speech at all. This is the
problem at we face as a society and a country. We want to have free speech but
with all the offensive words that there are today is it right to all citizens
to let other citizens call them things or say things to them that are offensive
and not punish them for it.
We as a civilize
society use words that are even barbaric at times and we just let people say it
because we want them to have free speech but where should the line really be drawn.
I think the use of the b word and other words like fa word should be restricted.
I think that the use of these words to describe someone should be punished as
well as other offense and racial slurs. There is no use for these words and they
are offense and plain unnecessary. Just saying a word shouldn’t be punished but
using the b word toward someone should be punished or we will continue to fight
each other and turn into barbarians if we don’t stop the hate now.
This is an interesting blog post and story. The subject of restricting "bad words" is a topic that I have never thought about. When it comes to the use of these words, I have always used them with caution. I do not curse often, but when I do there is usually some sort of cause for the trigger. I do agree that cursing is inappropriate and that people should not publicly curse for the fact of doing it, however I do not believe that someone should be punished for doing so. Although these words are "bad" and offend many, it is against our free speech to restrict these words in my opinion. We discussed in class that just because speech isn't enjoyed by everyone, this does not mean that there isn't some truth in the matter. While cursing is more than likely not the truth in some people's minds, it is still a point of reaction to others. As stated previously, I don't support people just going around cursing at one another, however I believe that as a just society we should know when to say certain words. By saying this I mean that I believe that it is a form of natural law. People should understand when to say certain things naturally. There are sour apples in the world, but I believe that we should trust society to say what they need to say.
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