Solfadore posted...
My thoughts on the matter:
---> People shouldn't be put in jail "simply" for making racist statements, no matter how backwards and egregious these might be. Yes, they are blatantly wrong and should be treated with contempt, but the State barging in and saying "No, you can't say that, that's offensive - go to jail/pay a fine/etc." makes me seriously uncomfortable.
Obviously, some people are going to say unquestionably offensive statements, but they still shouldn't go to jail. The danger here is not that these unquestionably racist people go to jail, it's that other, much more reasonable people might have a few interesting and relevant points to make on a certain topic, but hold back in fear of being prosecuted.
---> On the other hand, a person offended by racist remarks should be allowed to privately sue the one who made them, either for compensation, or an apology, or whatever. Court will determine the amount of compensation based on whether the guilty party committed a 'fault' and whether that led to a moral/physical damage to the person seeking redress. But the State has no place there.
---> One exception to the above that I can think of: violent speech - that is, speech specifically promoting violence against other people. In these instances, I feel like the State is entitled to come in and put an end. If I say "All Martians are stupid", I should be free from prosecution. If I say "All Martians should be put to death" and start a campaign actively promoting violence and pain to Martians, trying to convince others to kill/torture Martians simply because they are Martians, then somewhere, the State should barge in.
Freedom of speech is not absolute. It is pretty damn important - definitely one of the most important civil/political/constitutional/human rights there are - but not absolute.
It is a complex issue, though. I will fully and wholeheartedly disagree with anyone saying "Hurr durr, free speech should always, in all circumstances, be upheld, no matter what" (not saying anyone made that point - just bringing that upfront). Just as I will disagree with someone thinking that 'offensive' speech should always be very carefully scrutinized by the State just because of its potential to be offensive.
Probably the best post itt
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XIII_rocks, the cream of XIII fanboyism.