Freedom of Expression Protection

Other Issues Relating to Protecting Freedom Expression While Countering Racism or Intolerance in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): The United States supports many elements of this resolution. We join other members of the Third Committee in expressing revulsion at any attempt to glorify or otherwise promote Nazi ideology. The United States has been a strong supporter of the UN’s efforts to remember the Holocaust and has a deep commitment to honoring the memory of the millions of lives lost. We also condemn without reservation all forms of religious intolerance or hatred.

We remain concerned, however, that the resolution fails again this year to distinguish between actions and statements that, while offensive, should be protected by freedom of expression, and criminal actions motivated by bias that should always be prohibited. The United States shares the concern expressed in this resolution regarding increases in the number of racist incidents expressed in any medium or forum, including on the Internet.

More about Other Issues Relating to Protecting Freedom Expression While Countering Racism or Intolerance

However, we do not consider curtailing expression to be an appropriate or effective means of combating racism and related intolerance. Rather, it is the U.S. firm conviction, as reflected in the U.S. Constitution and laws of the United States, that individual freedoms of speech, expression and association should be robustly protected, even when the ideas represented by such expression are full of hatred. It is for this reason that the United States has taken a reservation to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. We remain convinced of the need for this reservation.

In a free society hateful ideas will fail on account of their own intrinsic lack of merit. The best antidote to intolerance is not criminalizing offensive speech but rather a combination of robust legal protections against discrimination and hate crimes, proactive government outreach to minority religious groups, and the vigorous defense of both freedom of religion and freedom of expression.

Resources

See Also

• International Human Rights
• Discrimination
• Race
• Racism

Further reading

• Baker, C.E. (1989) Human Liberty and Freedom of Speech, Oxford: Oxford University Press.
• Fish, S. (1994) There is No Such Thing as Free Speech, and It’s a Good Thing Too, Oxford: Oxford University Press.
• MacKinnon, C.A. (1994) Only Words, London: Harper Collins.
• Meiklejohn, A. (1965) Political Freedom, New York: Oxford University Press.
• Mill, J.S. (1859) On Liberty, London: Dent, 1972.
• Milton, J. (1644) Areopagitica, in K. Barton (ed.) Prose Writings of Milton, London: Dent, 1970.
• Scanlon, T. (1972) ‘A Theory of Freedom of Expression’, Philosophy and Public Affairs 1 (2): 204–226.
• Schauer, F. (1982) Free Speech: A Philosophical Enquiry, Cambridge: Cambridge University Press.