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In reply to the discussion: Hate Speech should be forbidden. [View all]branford
(4,462 posts)really only refer to sentence enhancement for commonly recognized crimes. For instance, an assault against someone because of their religion or race would have a more severe sentence in some jurisdictions.
The types of crimes you're likely thinking of are "incitement" and riot types of offenses which normally involve purposely or knowingly advocating the commission of a criminal offense and where the advocacy is directed to inciting or producing that imminent unlawful, criminal action and likely to incite or produce that unlawful, criminal action. Many states have additional requirements like minimum number of participants. The "hateful" nature of the speech is not determinative of the crime.
As to privately owned media like newspapers, television and blogs, they have their own First Amendment tights, and can choose to publish whatever they wish (with very minor and difficult to establish exceptions like defamation). For example, neo-Nazis and other bigots can publish whatever they want without government interference, and with respect to the Charlie Hebo, some media outlets have republished the purportedly offensive cartoons, while other have chosen no to.
There are no "hate speech" laws in the USA comparable to the restrictions in Europe and Canada against inciting hatred of particular groups, and any attempt to pass such laws would be clearly unconstitutional.
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