Legal Question in Business Law in California

Inciting religious hate over the internet?

Hi - my question concerns the legality of making statements on a website that could be considered as intended to incite religious hatred.

Firstly, which legal rules apply - those where the server is located or those where the website is being viewed?

I am familiar with the recent UK law: The Racial and Religious Hatred Act came into force in October 07, carrying with it a threat of a prison terms for a person who tries to stir up religious hatred. See: out-law. com/page-8464 Is there a similar law in the US?

I have heard it said that until a formal complaint is made about a site that is suspected of inciting religious hatred, nothing will happen. Is that true?

Here is an example of a site in question:

thehollywoodgossip. com/2007/05/leah-remini-trying-to-convert-j-lo-to-scientology/

��Leah Remini hangs out with the Flying Spaghetti Monster...or Tom Cruise, or whatever the heck Scientology freaks worship as their deity.�

There are plenty more examples like this.


Asked on 7/15/08, 3:21 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Inciting religious hate over the internet?

There is no such law here in the U.S., nor could there be. Such speech is protected by the First Amendment, and any law that tried to restrict it would be invalid. The British law you describe, for example, would be unconstitutional if enacted in this country.

Most other countries restrict various sorts of speech that offends people's religious sensibilities, but the United States does not.

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Answered on 7/15/08, 3:49 pm


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