Religion, Free Speech, and Hate Speech

When does saying something negative about a religious group constitute hate speech?

Well, you first have to define hate speech, and this is not as easy as you might think. The basic idea is that hate speech has two parts:

1. It is language that targets an individual or group based on an inherent characteristic (religion, gender, race, etc.).
2. It has some sort of aggression or even potential for harm or violence.

Part 1 seems obvious, but 2 is more difficult to pin down because it is not always clear if and when statements are harmful. Should saying something negative about a religious group constitute hate speech just because it is negative? Can't any sort of negative speech have the potential to promote aggression or violence even unintentionally? Note that there is actually no legal definition of hate speech under U.S. law, however it can be a criminal act to use speech or other expressions to incite criminal activity or threaten violence against a person or group.

This background helps us to contextualize the findings from a recent Pew Research Center survey about religious discrimination in the U.S. Americans report that there has been an increase in discrimination against both Muslims and Jews since the start of the Israel-Hamas war.

Check out the page, and especially examine the charts. There is a lot there, but you can focus on just the first findings reported which relate to the possibility of hate speech. The connection to hate speech is that there have been accusations of hate speech against supporters of both sides of the war.

Notice that there is not a perfect consensus among Americans about what types of speech should be allowed, but of course a consensus is hard to expect. There are, on the other, opinions that a majority of Americans hold.

First, 73% of American's say that speech that calls for violence against Muslims or against Jews should not be allowed. That is, a large majority of Americans believe that calls for violence should not be protected as free speech.

Second, there is a lower but still majority amount of support (about 60% give or take) for allowing speech that opposes Israel's right to exist as a Jewish state or that opposes a Palestinian state. This type of speech is more difficult to assess for Americans because it is negative and could be viewed as implying support for violence against Israel or Palestinians but does not necessarily have to be interpreted as implying support for violence.

Nonetheless, the survey results reveal that most Americans see a big difference between saying something that could be construed as potentially conflictual in nature (most Americans believe this should be allowed) and saying something that is explicitly violent (even more Americans believe this shouldn't be allowed).

This distinction can also help us understand the reasoning and intent behind religious hate crime laws that are meant to protect religious minorities. As we will discuss later in the quarter, the enactment of these laws can help to protect members of religious minorities from violence and therefore help to maintain or increase the religious diversity within a country.