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Promoting hatred and mass murder and totalitarian systems - Should this be legal and protected by the freedom of speech?

Asked by mattbrowne (31732points) May 9th, 2009

From Wikipedia: Freedom of speech is the freedom to speak freely without censorship or limitation. The synonymous term freedom of expression is sometimes used to denote not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. Freedom of speech and freedom of expression are closely related to, yet distinct from, the concept of freedom of thought. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations, such as on “hate speech”.

In the United States freedom of expression is protected by the First Amendment to the United States Constitution. There are several exceptions to this general rule, including copyright protection, the Miller test for obscenity and greater regulation of so-called commercial speech, such as advertising.

Freedom of expression is granted by Article 5 of the Basic Law for the Federal Republic of Germany: Every person shall have the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship. These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor. Art and scholarship, research, and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution. The most important and sometimes controversial regulations limiting freedom of speech and freedom of the press can be found in Germany’s criminal code: Hate speech may be punishable if against segments of the population and in a manner that is capable of disturbing the public peace, including racist agitation and antisemitism. Holocaust denial is punishable according to Section 130 subsection 3.

http://en.wikipedia.org/wiki/Freedom_of_speech_by_country

What is your opinion? Should there be no restrictions to freedom of speech at all? Promoting Nazism for example is legal in the United States, but illegal in Israel or Germany. What about imams preaching jihad? Should this be protected by freedom of speech?

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