Difference Between Hate Speech and Free Speech

1. Is there a difference between free speech and hate speech?
2. What is considered hate speech?
3. Does freedom of speech and expression cover hate speech also?
4. What speech is not protected by the First Amendment?
5. Can you go to jail for hate speech?
6. Does free speech have limits?
7. Is hate speech legally defined?
8. Is hate speech illegal in India?
9. How can I counter hate speech online?
10. Is cursing a crime in India?
11. What is right to freedom of speech and expression?
12. What is 295a law in India?

Is there a difference between free speech and hate speech?

In a Supreme Court case on the issue, Matal v. Tam (2017), the justices unanimously reaffirmed that there is effectively no "hate speech" exception to the free speech rights protected by the First Amendment and that the U.S. government may not discriminate against speech on the basis of the speaker's viewpoint.

What is considered hate speech?

In the context of this document, the term hate speech is understood as any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality ...

Does freedom of speech and expression cover hate speech also?

Hate speech is considered a reasonable restriction on freedom of speech and expression. The 123(3A) of the Representation of the People Act, 1951, also criminalises hate speech by election candidates.

What speech is not protected by the First Amendment?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...

Can you go to jail for hate speech?

The statutes forbid communication that is hateful, threatening, or abusive, and targets a person on account of disability, ethnic or national origin, nationality (including citizenship), race, religion, sexual orientation, or skin colour. The penalties for hate speech include fines, imprisonment, or both.

Does free speech have limits?

Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non- ...

Is hate speech legally defined?

There is no legal definition of "hate speech" under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn.

Is hate speech illegal in India?

India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression. Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication ...

How can I counter hate speech online?

Here's how you can help combat hate speech online and stop the spread of violent actions:

1. Hold platforms accountable for hate speech. ...
2. Raise awareness of the problem. ...
3. Support people who are targets of hate speech. ...
4. Boost positive messages of tolerance. ...
5. Notify organizations fighting hate about the worst instances you see.

Is cursing a crime in India?

Section 294 of the Indian Penal Code lays down the punishment for obscene acts or words in public. The law does not clearly define what would constitute an obscene act, but it would enter the domain of the state only when it takes place in a public place to the annoyance of others. ...

What is right to freedom of speech and expression?

Article 19(1)(a) of Indian Constitution says that all citizens have the right to freedom of speech and expression. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode.

What is 295a law in India?

—Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished ...