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Internet hate speech in the United States and Canada: A legal comparison

Posted on:2007-11-15Degree:Ph.DType:Dissertation
University:University of FloridaCandidate:Azriel, JoshuaFull Text:PDF
GTID:1456390005482050Subject:Journalism
Abstract/Summary:
In the United States and Canada there are hundreds of extremist groups who use the Internet to promote their ideologies. The Internet is a form of communication that allows individuals to view and download content from Web sites, electronic mails, chat rooms, by instant messaging, and from podcasts. Extremists are using the different communication platforms of the Internet to spread their hate messages. The United States and Canada have different legal approaches to hate speech on the Internet. In the United States, the Supreme Court has ruled that hate speech is protected by the First Amendment, but fighting words and threats to violence are not protected forms of speech. In Canada, its Supreme Court has ruled that hate propaganda is not protected speech and can be restricted in order to preserve Canadian democracy for all its citizens.; This study compares the law in the United States and Canada regarding when hate speech on the Internet can be legally restricted. It reviews several U.S. and Canadian Supreme Court rulings pertaining to speech restrictions. It also examines how lower federal and administrative courts, in both countries, have applied the legal precedents laid down by the Supreme Courts to hate speech and threats on the Internet. This study uses the legal comparisons to show how the two nations have a different philosophical approach to when speech can be constitutionally banned. By using Canada as a comparison, this study explores a legal approach the United States can emulate if it wants to restrict hate speech on the Internet.; The study concludes that how the United States and Canada restrict hate speech and threats on the Internet is rooted in the two countries' legal and philosophical approaches to free speech. The results of this study indicate that Canada's government will restrict Internet hate speech in order to protect victims from speech that aims to expose them to hatred and contempt in society. In the United States Internet-based hate speech aimed at an individual or group of people is legal until it threatens or intimidates them.
Keywords/Search Tags:Internet, Hate speech, United states, Legal
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