Was Kanye Exercising His First Amendment Rights?

September 16, 2009
By Sara Furguson

We all have the right to voice our opinions, don’t we? After watching Kanye West abruptly interrupt Taylor Swift’s acceptance speech at the Video Music Awards, it’s apparent that everyone feels the need to speak their mind from to time to time. While Kanye’s unexpected stage appearance gave viewers some bonus entertainment, did he have the right to cause such a spectacle? Of course, the answer is likely yes, when viewed from a constitutional perspective. 

Under the first amendment of the Constitution, we are guaranteed freedom of speech. Clearly, this means that we can say just about anything we desire. The Universal Declaration of Human Rights states that freedom of speech is one of our basic human rights. Furthermore, the International Covenant on Civil and Political Rights establishes freedom of speech as “the right to hold opinions without interference. Everyone shall have the right to freedom of expression”. John Stuart Mill provides a simplistic, but logical, explanation of this overly complex right. He says “freedom of speech today is understood as a multi-faceted right that includes not only the right to express, or disseminate, information and ideas, but three further distinct aspects: the right to seek information and ideas; the right to receive information and ideas; and the right to impart information and ideas”. With that said West was just imparting his personal ideas, right?  

Not necessarily when viewed as an exception to freedom of speech. The right is restricted in terms of hate speech, speech that recklessly puts others in danger, and speech that is likely to “incite a riot”. Instances of incitement become unlawful only if the threat of violence is “imminent”. I’m sure we all have unique views as to why West made such statements. However, besides possible embarrassment for his actions, West did nothing to violate the law. Or did he? From a more radical sense, his actions could be evaluated as hate speech, which would make his outburst unauthorized. In general, hate speech is speech that denigrates another because of gender, age, race, ethnicity, religion, social class, occupation, sexual orientation, disability, etc. Had West made comments directly related to Swift’s personal characteristics, his remarks would probably have constituted discrimination. 

At times, everyone experiences an outburst that we will most likely regret. Even President  Obama got wrapped up in this controversial yet humorous event. In an attempt to show his disapproval of West’s action, he called the singer a “jackass”. Nonetheless, these remarks were intended to occur off the record and ABC News released an apology for broadcasting the remark. So as you can see everyone has their moments, including the President. 

Should West be punished for his action or is everyone just causing a lot of unnecessary hype over a fairly comical incident? 

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http://en.wikipedia.org/wiki/Freedom_of_speech