Argumentative Essay Sample- Should Hate Speech Ever Be Illegal?

The Cambridge Dictionary defines hate speech as a public speech that expresses hate or encourages violence towards a person or group based on something such as gender, race, religion or sexual orientation (Cambridge Dictionary, 2008). The UK law defines hate speech as expressions of hatred towards someone based on their colour, disability, race, ethnic origin, gender identity, nationality or sexual orientation (Legistlation.gov.uk, 2020). The third part of the Public Order Act of 1986 prohibits hate speech that intends to stir up racial hatred and anyone caught committing this offence risks up to seven years impressment, a fine or both (Legistlation.gov.uk, 2020). The Criminal Justice and Public Order Act of 1994 prohibits individuals from engaging in public speeches that cause alarm or distress by using threatening, insulting or abusive words (legislation.gov.uk, 2020). Hate speech is highly associated with hate crimes since it acts as an incitement towards a certain category of individuals. Statistics indicate that in recent years, the number of hate crimes recorded by the UK police in 2018/19 has increased significantly to 103,379 offences when compared to 42,255 in 2012/13 (Home Office Statistical Bulletin, 2019). Given the prevailing statistics of hate crimes and the fact that there are no clear regulations guiding hate speech especially in the political context, this paper will focus on the pros and cons of hate speech and make a recommendation on whether it should be illegal forever.

Should Hate Speech Ever Be Illegal

The American Constitutional tradition permits hate speech as long as the speaker does not threaten violence or incite others to it. Although hate speech does not always lead to violence, it diminishes tolerance by enabling discrimination against a person or a certain group of people. In his book, the Harm in Hate Speech, Jeremy Waldron states that in a well-ordered society all people must not only be protected by the law, but they are entitled to live in confidence of this protection (2012). An aspect of protection is the ability of a person to go about his daily routine with the assurance that they will not face any form of discrimination, hostility or violence by others (Waldron, 2012). However, hate speech undermines this essential public good because people who are targeted by hate speech live in constant fear of discrimination or violence from others. In cases where the justice department and the police force keep victims of hate speech from being excluded, they still live with the perspective that they are not people of equal dignity. Moreover, even when victims of hate speech are not physically attacked,