Re: Is Hate Code Speech?

17 Dec 2003

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In <Pine.SUN.3.91.980826132122.4771A-100000@baker>, on 08/26/98 
   at 01:40 PM, Xcott Craver <caj@math.niu.edu> said:
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On Wed, 26 Aug 1998, William H. Geiger III wrote:
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Yes but should this "standard" be enforced by law? Last time I looked
there was no Constitutional right not to be offended.
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Yet harassment is actionable.  Nutty, huh?  And it's just
  the tip of the iceberg:  apparently the law protects you
  from being severely beaten, despite the fact that there is
  no explicit constitutional right not to be severely beaten.
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Not trying to equate harassment with a severe beating, just
  pointing out that the lack of an explicit constitutional 
  right does not magically nullify the rest of the law.
No, it does not, but unlike beating I *do* have a Constitutional right to
be objectionable as I want with my speech. A good example is the Nazi
march in Skokie,IL. The SC ruled that they had a right to march despite
the fact that the large Jewish community there was quite offended by it.
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strong Constitutional right to freedom of speech and the courts have long
ruled that it is not just popular speech that is protected.
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Indeed, "popular" speech is, almost by definition, the kind
  of speech that never really needs protection.  That first amendment
  wouldn't have much of a purpose if it only protected popular
  stuff.

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IMHO, this whole matter is an internal company matter. The courts and
politicians should have no say in it.
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It WAS an internal company matter, apparently, but the 
  company didn't seem to do anything to remedy it.  That's 
  when you turn to law.
I see, so if a company and it's employees exercise their Constitutionally
protect right of free speech and does not stop exercising that right when
someone complains then the courts should take over? How does this match
with your agreement that the 1st Amendment protects unpopular speech?

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