SUMMARY: FCC Petition for Inquiry on Hate Speech in Media – Filed January 28, 2009 by Georgetown Law’s Institute for Public Representation on behalf of the National Hispanic Media Coalition

Hate speech against vulnerable groups is pervasive in our media – it is not limited to a few isolated instances or any one media platform. Indeed, many large mainstream media corporations regularly air hate speech, and it is prolific over the internet. Hate speech takes various forms, from words advocating violence to those creating a climate of hate towards vulnerable groups. Cumulatively, hate speech creates an environment of hate and prejudice that legitimizes violence against its targets.

Because the media has a powerful influence over people’s behavior and perceptions, it is not mere conjecture that hate speech over the media is producing concrete harms. As they have become the victims of more hate speech in media, hate crimes against Latinos have increased in frequency and in intensity. Indeed, hate crimes against Latinos have increased by 40% in just the last four years. And physical violence is not the only harm suffered at the hand of hate speech – studies show that such speech causes severe emotional and psychological distress to its targets. These harms may be particularly acute for Latino children given that children are uniquely susceptible to messages in the media.

In a September 2008 speech to the Congressional Hispanic Caucus, then-Presidential candidate Barack Obama stated that:

This election is about the 12 million people living in the shadows, the communities taking immigration enforcement into their own hands…they’re counting on us to stop the hateful rhetoric filling our airwaves, rise above the fear and demagoguery, and finally enact comprehensive immigration reform.

The National Hispanic Media Coalition (NHMC) applauds President Obama’s commitment to equality and justice, and therefore respectfully requests that the FCC complement his efforts by initiating an inquiry into hate speech in the media. Specifically, the NHMC requests that the Commission invite public comment on hate speech, inquire into the extent and nature of hate speech, examine the effects of hate speech, including the relationship between hate speech in the media and hate crimes, and explore options for counteracting or reducing the negative effects of such speech.

The NHMC is very supportive of First Amendment freedoms, and believes the cure for bad speech is not the suppression of speech, but more speech. The NHMC asks the FCC to shine a spotlight on those who use the public airwaves to promote a divisive agenda, heedless of the human cost.”

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