Is Hate Speech Protected?

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 free speech under the First Amendment. In a Supreme Court case on the issue, Matal v.

What kind of speech is not protected by the First Amendment?

Obscenity. Fighting words. Defamation (including libel and slander) Child pornography.

Is hate speech protected in the First Amendment?

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 free speech under the First Amendment.