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Outline: Racist Speech as the Functional Equivalent of Fighting Words
Thesis: Face to face insults which carry racially discriminatory elements should not get First Amendment protection due to the effects that they cause.
Reasons why face to face racial insults should not be protected under the First Amendment
i. Such insults have an immediate negative impact on the victim which may be regarded as injury
ii. The First Amendment promotes free speech but face to face racial insults tend to curtail more speech and therefore should not be encouraged.
· Racial insults mostly make the victim speechless and this creates a moment of personal embarrassment with the victim feeling inferior and overwhelmed by fear.
· In other cases the victim may decide to confront the racist and this is most likely to cause a breech in peaceful coexistence.
How racial insults differ with protected speech
· Racial insults lead to emotional and reputational injury which is likely to inhibit the ability to provide a sound response while protected speech does not.
· Racial insults are directed to minority in most cases and mostly demean the victim making them more powerless while free speech does not.
· Racial insults are fighting words because they cause immediate injury to those targeted at.
· Racial insults cause shock, plight and inability to face the moment or the perpetrator and therefore cannot be classified as free speech.
· Racial insults apart from causing instant injury also lead to disorientation of the victim distracting them from normal activities like work or school and majorly threatening their peaceful existence.
Conclusion
Racial insults should not be protected under the First Amendment because they fight against the same efforts that the First Amendment promotes and they cause immediate reputational injury to the victim curtailing more speech.
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