Freedom Force
A poll released Wednesday by the online pollster YouGov has found
that a plurality of the American public, as well as a majority of
Democrats, support limiting the First Amendment to allow a ban on hate
speech.
The poll,
conducted from May 8-11, asked respondents whether they would support a
law criminalizing “public comments intended to stir up hatred against a
group based on such things as their race, gender, religion, ethnic
origin, or sexual orientation.” Overall, 41 percent of Americans
supported such a laws, while only 38 percent were opposed (22 percent
were unsure).
Among those supporting a ban on hate speech were 51
percent of Democrats, as well as 37 percent of Republicans. The higher
figure for Democrats was driven in large part by the attitudes of black
and Hispanic respondents. Sixty-two percent of blacks favored a ban on
hate speech, as did 50 percent of Hispanics. In contrast, only 36
percent of whites wanted a ban.
YouGov found other significant
demographic divides among respondents. Those age 69 or older were the
most supportive of a hate speech ban, but they were followed by those
aged 18-29, while those of intermediate age were more protective of free
speech. Women and those earning under $40,000 a year were also more
willing to ban hate speech.
A ban on hate speech, if it passes,
would utterly violate the First Amendment as it is currently interpreted
by U.S. courts. The Supreme Court has, among other things, upheld the legality of cross-burning and affirmed the right of the Westboro Baptist Church to
picket funerals and other events with hateful signs. Even hate speech
calling for violence is protected in U.S. law, as long as the advocacy
is general rather than promoting immediate and specific action.
