Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution.[1] 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. In a Supreme Court case on the issue, Matal v. Tam (2017), the justices unanimously reaffirmed that there is effectively no "hate speech" exception to the free speech rights protected by the First Amendment and that the U.S. government may not discriminate against speech on the basis of the speaker's viewpoint.[2]
In academic circles, there has been debate over freedom of speech, hate speech, and hate speech legislation.[3] Other forms of speech have lesser protection under court interpretations of the First Amendment, including commercial speech, "fighting words", and obscenity.
^Freedom of Speech (Stanford Encyclopedia of Philosophy)
^Volokh, Eugene (June 19, 2017). "Supreme Court unanimously reaffirms: There is no 'hate speech' exception to the First Amendment". The Washington Post. Retrieved January 17, 2021.
^Herz, Michael; Molnar, Peter, eds. (2012). The content and context of hate speech. Cambridge University Press.
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