New Enlightenment Hate Speech Laws as Political Strategy with Dan Klein
In this episode, we welcome Dan Klein to discuss the rise and implications of hate speech and hate crimes laws. The discussion touches on hate as a philosophical concept, delving into Adam Smith's perspective on hate and the asymmetry of social and unsocial passions. We discuss the universal nature of hate and the cultural and societal factors that influence its expression. The conversation raises questions about the politics behind hate crime and hate speech legislation. Klein questions the need for enhanced penalties for certain motivations, arguing that it creates inequality between different types of wrongdoings. We also discuss the idea that character traits should not be punished by the law and express concerns about the potential abuse of power and censorship. The conversation closes with a discussion of the importance of viewpoint diversity and fostering open dialogue.
Takeaways
- Hate speech and hate crime legislation is on the rise, with a distinction between criminalising certain forms of speech and enhancing penalties for crimes motivated by perceived bias.
- Adam Smith emphasised the asymmetry of social and unsocial passions, urging individuals to tamp down unsocial passions and be cautious in expressing them.
- The cultivation of proper sentiments, including the management of hate, is a cultural and societal process that requires good examples, exemplars, and a bottom-up approach.
- Hate crime legislation raises concerns about defining hate and its potential manipulation for political and cultural agendas, highlighting the need for careful consideration and balance in addressing hate.
- Enhanced penalties for certain motivations in hate crimes can create inequality between different types of wrongdoings.
- Punishing character traits through the law is dangerous and goes against the principles of classical liberalism.
- There is a concern about the abuse of power and the potential for censorship in the enforcement of hate crimes and hate speech laws.
Dan Klein - Mercatus Center
Dan Klein - George Mason University