Date: February 21, 2017
“Right-wing commentator Milo Yiannopolous has come under fire on college campuses and elsewhere for expressing views that some call hate speech.
Here & Now’s Jeremy Hobson speaks with Santa Clara University law professor Margaret Russell about what the legal rules on hate speech are.
On if there’s a legal definition of hate speech
“There actually is not, and that may be surprising. However, the Supreme Court has actually taken a number of interesting cases in which it has looked at laws that have tried to define hate speech or otherwise curtail it by limiting it in other categories.”
“The basic principle that the Supreme Court has wrestled with under the Free Speech Clause is the principle of not punishing speech because of its message or its viewpoint. That in itself is a violation of the principles of the Constitution. But, for example, in certain areas like obscenity or child pornography or incitement to violence, the Court has made exceptions based on the dangers that those impose. Hate speech has not been considered to be part of those any of those categories in and of itself. … Under the First Amendment, you really have to have another law regulating conduct that’s broken. So, you know, if you are beating somebody up, obviously you can be charged with a hate crime if you’re doing that with the intention of targeting them because of their race. But if you’re walking beside that person on the sidewalk with a sign or handing out flyers that reflect hatred toward that race, that is protected.”
It seems Milo expressed some politically incorrect opinions on teenagers and adults having sexual relations, while he was on “The Drunken Peasants” podcast…and those of fragile mind soiled themselves…en mass.