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While "hate speech" is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected speech under the First Amendment.
Current case law and research concerning hate speech has shifted focus toward hate speech on the Internet. The Internet brings with it a myriad of new problems for the First Amendment, including how to determine what level of scrutiny to apply and how to react to existing restrictions on hate speech by much of the international community.
Introduction. The First Amendment to the U.S. Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances ...
A recent survey from the Foundation for Individual Rights in Education found that a majority of Americans (57%) correctly recognize that the First Amendment protects hate speech from governmental regulation, punishment, or censorship — but 45% think that it should not be protected.
While hate speech may be limited if it presents danger or otherwise incites violence, the general premise is that pure hate speech is protected expression under the First Amendment of the U.S. Constitution.
Does the First Amendment Protect Hate Speech? There’s no exception for hate speech under the First Amendment’s protection for freedom of expression, unless the speech is direct, personal, and either truly threatening or violently provocative.
The First Amendment permits Virginia to outlaw cross burnings done with the intent to intimidate because burning a cross is a particularly virulent form of intimidation. Instead of prohibiting all intimidating messages, Virginia may choose to regulate this subset of intimidating messages. . . .” 31 Footnote 538 U.S. at 362–63 .
Hate speech may be offensive and hurtful; however, it is generally protected by the First Amendment. One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender ...
The First Amendment offers broad free speech protections and permits membership in organizations, such as the Ku Klux Klan, that espouse hateful ideologies.
Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group.