Incendiary language, whether in the media or on the internet, is creating undue chaos and stress in our nation. Yet we’re told that hate speech is a constitutional right we must respect.
Those who use the media to fuel negative emotions such as Donald Trump, Elise Stefanik, seditionists, QAnon followers, right wing militia, neo-Nazis, NRA activists and radical Republicans certainly don’t care whom they hurt. Extremists are quite willing to be socially irresponsible when spreading lies, innuendos and rumors.
They claim the First Amendment doesn’t have any rules against hateful words. And guess what? It doesn’t. But our legal system does.
That’s why Gov. Kathy Hochul introduced the “Social media network; hateful conduct prohibited” bill; I think the name of the bill is an unfortunate choice of words since extremists have a fit when they hear the word “prohibit.” It sets off all kinds of righteous indignation about their “constitutional rights.”
But calm down. The bill doesn’t “prohibit” anything. People can continue using threats, harassment, lies and defamation (if that’s how they choose to define “free speech”). What the bill provides for is a way to report network messaging that you believe to be harming you or others. And isn’t that “free speech” too?
As far as legal liability? Wealthy individuals, Fox News and extremist groups don’t really worry about using hate speech, conspiracies and falsehoods. They know their big bucks lawyers will find clever ways to skirt the law and tie things up in courts for years if necessary.
Case in point: The decade it’s taken parents of the murdered children at Sandy Hook to sue Alex Jones for spreading his lie (that there wasn’t a massacre; it was all a left wing hoax), which resulted in hateful social media trolling and further stress for these families.
There’s very little protection for innocent victims of “free speech” since unethical people quickly hide behind the First Amendment and influential lawyers. Legislation like Gov. Hochul’s bill is one method for holding accountable anyone who may be intent on verbally harming another.
Granted, the media and the internet are constitutionally allowed to fabricate and exaggerate. And they justify doing so, knowing they’ll later deny any legal liability for hurting others. So our only recourse as morally conscientious citizens is to speak out and forcefully denounce any source choosing to use hateful language in order to generate a wave of ill feelings toward any fellow human being.
Editor’s note: U.S. District Court Judge Andrew L. Carter last month granted a preliminary injunction against New York state’s “Social media network; hateful conduct prohibited” law.
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