Recently, on May 8th to be exact, Ye (formerly known as Kanye West) released a new song that ignited quite the firestorm. The track titled “Heil Hitler“, sampled some of the dictator’s famous speeches, glorifying the man responsible for killing 6 million Jews in the process, all in the name of freedom of expression. It quickly drove millions of views before being removed from major streaming platforms like Spotify, Apple Music, and YouTube.
It got me thinking about hate speech, and about how different the laws are, here in Canada vs. the United States. It is, yet, one more reason why any talks of becoming the 51st State should be squashed before even being formulated.
The Legal Legalities: Hate Speech in Canada and the U.S.
In Canada, hate speech is addressed under Sections 318 and 319 of the Criminal Code. Section 319(2) specifically criminalizes the willful promotion of hatred against identifiable groups, including those distinguished by race, religion, or ethnicity. Violations can lead to imprisonment for up to two years. Here, that song would be classified as hate speech, I have no doubt about it.
Meanwhile, in the U.S., free speech laws are way looser. Thanks to the First Amendment, even hate speech is usually allowed, unless it’s directly pushing for immediate violence or making real, serious threats. You’re being offensive or hateful? That’s still protected. No need to censor yourself. You hate minorities and want them to go back where they come from? You’re free to yell it at the top of your lungs, in the middle of the street, at 3AM. You could get arrested for doing so, but you’d be charged for public disturbance, not for hating on minorities.
Yeah, it’s kinda crazy. But it explains why Kanye felt he could get away with releasing this piece of garbage.
Platform Responses and Challenges
But oh, surprise, surprise! Following massive public backlash, platforms like Spotify and SoundCloud removed “Heil Hitler” from their services. Not surprisingly, however, the song remains accessible on X. We all remember Elon’s “Heil Hitler” salute at a Trump Rally, right?
“Heil Hitler” can also still be found on YouTube. This highlights the challenges of content moderation, or lack thereof, in this day and age. Once something is out, users make, and share, hundreds of thousands of copies, making any effort to curb the spread almost impossible.
The Anti-Defamation League has urged platforms to enforce stricter policies against hate speech, emphasizing the potential harm of allowing such content to proliferate. But are they listening?
Public Figures and the Spread of Hate Speech
Celebrities and influencers have only made things messier with their takes on the song. Joe Rogan called Heil Hitler “kinda catchy” on his podcast, even while admitting it was offensive. His argument? Banning it might play into Kanye’s whole “I’m being censored” victim act.
But comments like that can make hate speech seem more acceptable, like it’s just edgy art instead of something dangerous. It makes “Heil Hitler” sound like a cool thing rather than the dangerous thing that it is.
Do Artists Have a Responsibility?
Artists have a huge platform, and with that comes some responsibility. Sure, free speech matters, but it shouldn’t be a free pass to spread hate or glorify violence. Dropping a song that praises Hitler isn’t just “being provocative.” It feeds into real-world bigotry and gives extremists a boost.
Bottom Line
Kanye’s “Heil Hitler” mess highlights the bigger fight over where free speech ends and hate speech begins. As social media struggles to police content and society debates what’s okay to say, one thing’s clear: We’ve got to find a balance. Protect free expression, but don’t let it become a weapon that hurts people.
Free speech shouldn’t include hate speech. Hate speech is never ok. And yes, some things should be censored.
