What Is Speech?

This question is brought up frequently when there is talk of regulating something called “hate speech,” which is defined as “abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.” The Cambridge dictionary defines it as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation." Based on these two definitions, we can see that it is very harmful, especially to members of the attacked groups. When there is talk of regulating “hate speech,” the defense usually uses the First Amendment, claiming free speech!

And those claiming free speech are correct; “hate speech” is free from government regulation. But that doesn’t mean it can’t be regulated in other areas, such as social media platforms, schools, public buildings, and private establishments. 

Let me explain.

Speech can not be regulated by the government, but it is instead regulated by social spheres and the rules that accompany them. For example: 

As a student, you have freedom of speech granted by the government, but you still can’t say anything you want. In most schools, you can’t swear and you can’t use hateful speech, meaning you can be punished by the school for doing so. 

“But free speech!” You cry. But free speech isn’t being violated here because the government isn’t punishing you. The school is not regulating or restricting your speech.

How does that work?

The school has a set of rules that you agree to follow by attending. When you break this rule by swearing, for example, you are subject to whatever punishment you agreed to in the social contract.

What's a social contract?

A social contract is a theory that was popularized in the Enlightenment era because it explains that you give up certain natural rights to function in society. The example given is you give up your right to yell whenever you want so that you can be accepted into civil society. When's the last time you saw someone other than a child yelling in a public place for no apparent reason? It's because people don't want to break the social contract.

This is true in all social settings, like restaurants, concerts, or places of worship. There are some things you just don't say or do, not because the government will punish you, but because society expects you to know the rules. If you break those rules set by societal expectations, you can be ostracized, socially cast out, or be seen as an outsider.

 You are probably thinking, ”Wait what? Did I read that right? Hate speech isn’t speech? That doesn’t make any sense!”

Well, let’s look back at the definition. Hate speech is not defined as speech used in the free market of ideas, it is only used to harass or encourage violence against a group of people. That does not fit into John Mill’s theory of all things needing to be debated to determine whether or not it is true because topics can be debated without threatening violence or using fear tactics. 

The purpose of hate speech is to instill fear and hate into minds. It has been known that Hate Speech has drastic negative effects on the targeted groups including, mental health issues, increased violence against minorities, 

Instead of putting these violent and discriminatory words under the category of Speech, we should label them as they are: Hate crimes. Hate crimes against racial and ethnic minorities, religious minorities, women, LGBTQ+ people, and people with disabilities.

Other types of speech that aren’t protected are:

Obscene material such as child pornography

Plagiarism of copyrighted material

Defamation (slander and libel)

And True Threats