Should racist remarks made privately be subject to prosecution?

Question

Promoting hate is illegal in both Canada and the US. But, should it extend to comments made in private conversations.

In Canada, if one makes hate comments, even in private, they could be subject to prosecution, if they knew, or ought to have known, that those comments could have been interpreted as public.

Answer 1

That would violate the US Constitution's guarantee of free speech. No chance unless it is inciting riot.

Answer 2

If the comment was truly private then no it should not be prosecuted, but when is a comment private and when is it public. Private would mean to yourself and for the benefit of no one but yourself, public would mean when the comment is given to other people even if the person shares the same view. The prosecution of racist comments should stay in place, what about terrorist comments? if you were talking about a terrorist/criminal act or trying to stir up hatred to invoke someone else to commit a terrorist/criminal act would you still hold the same view that as the comment was private it should not be prosecuted.
Racism is against the law and for a good reason, If the law is broken then a prosecution should be sought.

Answer 3

hate comments made in private should not be subject to prosecution, For that matter hate comments made in public shouldnt be prosectuited either, as long as the comment does not advocate action. *shrugs* The hate/race card is played far to offten by far to many people. Besides.. even if it is prosecuted, your not going to change how the person that is spewing hate feels about the target of the spew :P

Answer 4

I know it's not kind to be racist, but it shouldn't be illegal, as it is a violation of the right of free speech (here in the US). The State of Virginia ruled the KKK could burn crosses and such because it was free speech even though not morally right.

No racist remark should be subject to prosecution.

Answer 5

Although I do not condone racist remarks. People should have freedom of speech public or private. Our basic civil liberties are eroding away I fear that the U.S. and Canada are becoming fascist states. If some jerk is a racist that's his right. If he wants to make comments public or private that's his/her business. Taking legal action against such things is petty and ridiculous ...................Its only words.

Answer 6

Absolutely not. Racism is a horrible, but free speech is far too precious for anyone to be prosecuted for saying anything. We should give them enough rope to hang themselves. Up here in the NW if someone is racist they're shunned by the general populace.

Answer 7

I think so! It starts privately and ends in a crowd... ppl have to have tolerance towards eachother and this is the way to teach it- by prosecuting even for remaks like that in private!

Answer 8

Racist remarks should not be prosecuted at all. Discrimination should be handled in civil court and any illegal activity (racist or non-racist) should be prosecuted. Speech is protected. However, speech can be self-incriminating and used as evidence.

I would like to clarify that I am not referring to remarks pertaining to conspiracy or threats.

Answer 9

Just who makes the call to say it was hate. Today it is one way a years from now who knows. Sounds like a good way to get any one that does not think the proper way, out of the way.
What next book burnings.

Answer 10

Good question but that law will never be passed in the U.S. There is too many hate groups,cults,clicks,political, and religious agenda going on. Racism still exist. Sad but true!