Miscarriages: Women often miscarry. As someone fitting into the "gay best friend/really a girl" role, I hear about it a lot. Tears come to my shoulder readily. This was simply taboo to talk about. She would wonder if she had contributed to it somehow and fear that thought might occur to others. And, my god, what if she actually did.... What if she didn't know or have the slightest hint how but she did and she's partially to blame for the death of her own child. What if she really wanted the child but somehow inadvertently caused or contributed to its death. Could she live with herself? This and general stigma was why it was never talked about. It is common.
Miscarriages are shockingly common, so are SIDS (Sudden Infant Death Syndrome) and other conditions of this type. We cannot know what causes them, but we love to blame.... Our retributive emotions become vengeance far too damn quickly.... We absolutely love blame, we crave it and give it, but detest receiving it, even and especially when it is deserved.
I agree with both of your reasoning, with two difference who happen to lead me to a different conclusion : First of all, hate speech is an attack on the people hated, and therefore should count as harassment. You are allowed to call upon the law if you are defamed, I don't see what is different if you're a whole bunch of people.
Secondly, advertising work. It's a simple fact, else no one would put so much money. Propaganda work. Same thing.
By forbidding hate speech, you forbid all kind of fanatics to speak in public, and put the blame on them.
I really believe that a few hour of civic work and a fine would have seriously thwarted Geert Wilders' credibility by putting a public blame on his discourse. The aim is not to dissuade him, the aim should be to show that his discourse is not acceptable in a civilized society.
Edit : http://www.examiner.com/atheism-in-atlanta/another-woman-facing-life-prison-for-the-crime-of-miscarriage
Wow, just wow. Seriously? Life in prison required against a 15Yo girl whose cocaine habits may or may not have caused her miscarriage?
While your aims may be noble your methods are, sadly, not practicable for three reasons. First, defamation (liable and slander) are a limit on free speech and it is always a question where one begins and the other ends. Second, general deterrence through punishment doesn't work. Third, with the best of intentions, you inadvertently help those you intent to hamper.
I won't wax philosophical about American Defamation Law v. Free Speech. I will only say that when speech is limited repression is bred. Ideally, I would rather have more speech to explain why the hate speech is bad unless the harm is immediate, concrete and irreparable. This is why any call to arms or violence is banned.... People will always hate other people at some level. If you ban this speech, it attempts to sweep the problem under the rug rather than deal with it and show how and why to solve it.
Second, "general deterrence" or setting an example for others to avoid never works. We have handed down some of the most cruel and vile punishments imaginable in human history, yet still crime persists. Unspeakable punishments have been carried out, life and death sentences given, yet still crime persists.... This has been going on for thousands of years and so far it hasn't worked. It didn't yesterday; it isn't today; it won't tomorrow.
Third, the problem with limiting patently wrong hate speech is that those speaking it use the censor as proof that it is correct and dangerous ("otherwise why would they stop us if we weren't right and they were afraid of us?"). This inadvertently, through the rule of unintended consequences, actually has the opposite result sought and gives them some twisted argument for legitimacy that some people fall for.
Simply, you can't tell people, this man or others, what to think, no matter how wrong they are. It just doesn't work, sadly. The only thing you can do is be a decent person, show the bigot you disagree with the bigotry, and show the slandered you support their right to exist and not everyone is evil or complacent to evil....
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Historically, one of the reasons slavery ended in the U.S. was that the south was allowed to be bigoted bastards, while being "American," "freedom loving," and "patriotic." The most famous example is when they said "America should let free all men and brothers," while owning slaves.... The black slaves heard this and said, "Am I not a man and a brother?"
http://www.prices4antiques.com/money-stamps-medals/tokens-other/Token-Anti-Slavery-Am-I-Not-A-Man-A-Brother-Copper-A088717.htm