Interesting - as the article notes the first amendment was specifically implemented to protect unpopular view points - which is tricky because it does mean that white supremacists have the same right to voice their ideas as critical race theorists - but how do we balance that hate speech should have the same footing as voicing concerns around oppression?
even more so when those that are oppressed will have a harder time of being heard in the first place? should the law (as the 1st amendment specifically says that a view not held by society is still protected) tolerate hate and bigotry? it appears the nazi bar is guarded by the first amendment :/
how do we balance that hate speech should have the same footing as voicing concerns around oppression?
Nowhere in the 1st amendment does it require that all speech have the same footing. It just means that it cannot be illegal at the federal level to say what you want. It carries no stipulations that platforms need to tolerate it being present, or that anyone has to listen to it, or that you can’t kick someone out of your home or business for it.
It just means that it cannot be illegal at the federal level to say what you want.
Which is how we end up with a multi-billion dollar propaganda network spewing conservative lies and coordinating with a political party and calling itself “news.”
Clearly some work is needed.
We had the Fairness Doctrine up until 1987 when, guess who, Ronald Reagan killed it.
The Fairness Doctrine wasn’t anything close to what I’d call a comprehensive solution to this problem, but it was about the last time that journalists were held to any sort of legal standard. After it was repealed you can pretty much say whatever you want on your news network unless you get sued for libel by an individual, and even that isn’t actually a crime, it’s a class 2 misdemeanor. Just write the affected party a paycheck and do it to someone else tomorrow.
