[QUOTE=ivylass]
Sorry, Sunrazor, but how do you define hate speech? Sure, you and I can agree, but what if someone says what Al Franken or Rush Limbaugh says is hate speech?
[/QUOTE]
Yep, this is a perrenial debate in freshman journalism classes all over America. On the other hand, I think most reasonable people would agree that certain societal functions should be off-limits to the exercise of protest rights. Unfortunately, it’s a matter of giving law enforcement and the judiciary some discretion, and also unfortunately, the American public isn’t in a mood to do that now. But I believe, and I think a case could be successfully made, that someone saying the killing of a 7-year-old girl is righteous, and saying so within hearing of the girl’s mourning family and friends, is, by any community standard, obscene (it doesn’t always have to apply to sex or violence) and should be legally actionable. That’s just a theory, of course, but one I’d like to see advanced.
Again, this is a judgement call we have to make all the time. I, too, believe that sunshine kills the mildew. But sometimes publicity isn’t sunshine, it’s fuel that feeds the fire, and we have to take that into consideration, too. Ultimately, our decision wasn’t even that academic – we just decided that, as a morning radio show, we just didn’t want to upset the listeners as they got ready for work.