Wednesday, February 28, 2007
New York bans use of the 'N-word'
New York City banned the use of the 'N-word' today. At first glance, it would seem that that this violates our fundamental right to free speech, as granted in the first amendment. Well, according to our nation's courts, there are five types of 'unprotected speech.' This includes: Incitement to illegal activity and/or imminent violence; Defamation and libel; Obscenity; Threats and intimidation; and False advertising. The 'N-word' most certainly fits under the category of Obscenity. However, why did New York City single out this specific word? Were they right in doing so? Well, according to in the 1973 case Miller v California, the court ruled that if the government has a rational basis for banning obscene speech, it can. Was New York City right?
Subscribe to:
Post Comments (Atom)
3 comments:
Well, I would have to say that there is a logical arguement on both sides! For me, I would be for it, since it's a demeaning word. I would like to see all swear words banned, but that's not going to happen. I understand at the same time, that someone's speech being limited is in violation of of rights. The line does need to be drawn somewhere! When something is banned, that gives more of a motivation for some to do and say what's not allowed. So, the question remains, what "good" did the ban do?
This is an unconstitional act. They are defining for us what obscenity is, without giving a full definition. They cannot limit our speech without telling us what reasons they are being limited, and in that case they cannot strangle racial slurs without doing the same to that of religious slurs and sexist coments. If we grant them the power to now control all of these expressions, what now stops them from saying "I hate" or even "I greatly dislike"? If we don't stand for our freedoms who will? Just to clarify I am against racial slurs of any kind, but if they it must be an all or none stance, and if it is all, soon we will have to resort to sign language!
I think that New York definately had a right to ban the N'word. But... I would argue that it has just about as much effect as banning alcohol (did) or banning drugs (has). People will still do it...
Post a Comment