(compliments to JimNorCal for the suggestion.)
What is hate speech?
Hate speech has very little to do with the “N” word or Holocaust denial. Those are the “public presentation” of hate speech. “Hate speech” is a misnomer. It gives you the impression that those who want to criminalize or outlaw hate speech want to get rid of hatred and/or get rid of ALL hate speech. That’s just not true.
Hate Speech is a specific set of speech: things said by “oppressors” which the “oppressed” (or “marginalized”) find objectionable. Here’s a short list: speech that is deemed racist, anti-transgender, homophobic, xenophobic, anti-Muslim. However, there’s more. Factual claims can be considered hate speech, for example: speaking about affirmative action. That can be hate speech because it harms the marginalized’s self-respect. Speaking about immigration, legal or illegal, harms the self-respect of our immigrant communities. Defending traditional views of the family and marriage also harms the dignity of those with non-traditional sexuality.
Even superficially neutral topics like “welfare reform” can be “dog whistles” and thus be considered hate speech. Hate speech theory demands that the marginalized speak out in ways that undermine the oppressor. The oppressor group must shut up. And listen.
A very objective standard by the Classical Liberal framing.
However that is not what is being pushed by BLM, 1619 Project, and others of the Gramsci school of Communist thought.
And one last thing: you also can’t question factual claims about the narratives or mythologies that the marginalized create for themselves. One cannot speak against those even if what you say is factually correct. For example, the New York Times’ 1619 Project is riddled with all errors. But in a hate speech regime, scholars who disagree on the facts, could not actually dispute these things aloud in public because this is a narrative, a sacred narrative of an oppressed, marginalized people.
Now, you may say “Things are great here in America! We have the Matal vs Tom Supreme Court decision. We’re safe. And, it was unanimous.” You’d be wrong to think that. Not only has hate speech spread to Europe, to Canada, to the UN, to Big Tech, to our universities, but there are some precedents already in the law that will be used to chip away at free speech rights. There are two to watch carefully … one is the use of the word “dignity” in sexual liberation cases culminating in Obergefell. There you will see this use of “dignity” that says you have the right to create your own identity. And the law can demand that others respect it. The second obvious place is in anti-discrimination laws. The EEOC already has regulations that certain kinds of speech in workplaces are violations of anti-discrimination laws. Those two legal paths will surely be the method used to take away free speech.
Ibid.
That is some of it. But I want to suggest it goes even deeper. The hate speech drum is being beaten as a tool, not an end in itself. If the Deep Left is successful in this regard then their next step is to seed institutions or create such institutions that determine what is hate speech and who is issuing it. Canada for example is pretty far along that road with the Provincial Councils that Mark Steyn ran afoul of. That and the proposed C16 proposal that would have Federalized in Canadian law the idea of forced speech and the suppression of other forms of speech. Once one can define what can be expressed in the public square then control of nearly everything else is possible. That which cannot be expressed can be utterly destroyed with impunity. (Tip: It is well to note that controlling the public square is what Twitter and Facebook are all about.)
An additional tool that the Left is adept at is the reclassification of speech and thought. The classic definition of racism is the belief in the inferiority of one class based on a physical characteristic; skin color, place of origin, accent, etc. But to the Deep Left the construct is entirely different. Racism is defined as the institutional disparity between classes such that all differences are the result of uneven power dynamics. Its why the 1619 Project states that the Revolutionary War was about support for slavery. Or that science is a tool of oppressors as it forces a hierarchy of process that oppresses those unaccustomed to the process. It is also the primary reason you can’t have reasoned discussion with them. The act of exchange of ideas is racist!
So where do we go from here? Like most of my tests, to the extreme. A proposal should be pushed to its outer limits and beyond. Do they breakdown as the limits induce instability? If so, reconsider the proposal. For the Left that limit is Intersectionality. At what point does the Venn diagram of race, sex, personal pronouns and andinfinitum other tests become so extreme that the only occupant of the space is an individual? At which point their Leftist preference for conformist ideals tend to fall apart. And I might add, isn’t that were we started – that the individual is a minority of one and their rights be protected in law?
Should the Right take them there? We might have to. I dread the process as it will be long an painful. It will be like a cultural version of ‘Waiting for Godot’.
For your consideration along a similar vein –


