Motivation is already a very important concept in all modern legal systems. Mens rea can be the difference between spending years in prison or walking off with a community service sentence; evidence of a motive, or lack thereof, can be the deciding factor in the success of the prosecution; the list goes on, really. Establishing people’s motivation, and separating good faith actors from bad faith actors is one of the most important factors for any judgement, from forum moderation to a criminal court.
As such, it is possible (and I would argue necessary) to prohibit hate speech in the law, clearly defining what it is and what it isn’t, and let the courts decide for each individual case.
Motivation is already a very important concept in all modern legal systems. Mens rea can be the difference between spending years in prison or walking off with a community service sentence; evidence of a motive, or lack thereof, can be the deciding factor in the success of the prosecution; the list goes on, really. Establishing people’s motivation, and separating good faith actors from bad faith actors is one of the most important factors for any judgement, from forum moderation to a criminal court.
As such, it is possible (and I would argue necessary) to prohibit hate speech in the law, clearly defining what it is and what it isn’t, and let the courts decide for each individual case.