• Steve@startrek.website
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    8 months ago

    Devils advocate here, in some places, deliberately using the wrong pronouns with the intention to harm someone would be hate speech.

    So flip it around, using the preferred pronouns is considered an attack on the child and/or their shitty parents.

    • jkrtn@lemmy.ml
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      8 months ago

      Hate speech is protected by the First Amendment, so flip it around, inclusive speech is also protected by the First Amendment. I’m sure teachers can lose their jobs for hate speech but people cannot be criminally charged for hate speech alone. Prosecuting teachers as sex offenders for using pronouns is a clear and deliberate violation of their Constitutional rights.

        • jkrtn@lemmy.ml
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          8 months ago

          Legally, you cannot be criminally charged. They will not protect you from the consequences of your speech coming from private parties, whatever those are. You can increase the number or severity of charges for crimes if they are even partially motivated by prejudice towards specific groups, hate speech may be evidence of that motivation.

          https://en.wikipedia.org/wiki/Hate_speech_in_the_United_States

        • Pips@lemmy.sdf.org
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          8 months ago

          Hate crimes and hate speech are two different, but related, things, so I understand your confusion. You cannot be prosecuted for hate speech, because that is a government infringement on your liberties. They can prosecute you if the hate speech intentionally incites violence, because that is not protected speech. The hate speech can also inform intent to turn another crime into a hate crime.

        • CraigeryTheKid@lemm.ee
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          8 months ago

          Also, hate speech is still separate from threatening violence or other harm. I can freely hate you, but I can’t advocate to hurt you.

          I think I have that right.

        • Deello@lemm.ee
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          8 months ago

          Calling someone the N word (hate speech) won’t get you arrested.

          Calling someone the N word while you attack them (hate crime) will.

          Under this context, yes you would be prosecuted for “hate speech” because the criminal activity here is the speech itself. Under any other circumstances you would be allowed to say whatever you like. There are always consequences to your actions, they’re just not always criminal consequences.

          • Steve@startrek.website
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            8 months ago

            Calling someone the nword is almost always going to make them feel unsafe, which makes it an assault, am I right?

            • urist@lemmy.blahaj.zone
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              8 months ago

              Making someone feel unsafe is not assault. Words can compel people to act but they themselves are responsible for their actions.

              That being said, there is a concept of fighting words in the USA. Scroll down to the section titled Post-Chaplinsky, there’s information about the courts’ rulings applying to personal insults.

              Honestly I need to take time to read this wikipedia article a little more thoroughly but I’m on my way out the door. I am not a lawyer I just find law interesting.

    • arthurpizza@lemmy.world
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      8 months ago

      preferred pronouns is considered an attack on the child

      If the child doesn’t want to be called that it’s not their preferred pronoun.