Caitlin Ring Carlson, "Hate Speech" (MIT Press, 2021)
New Books in Science, Technology, and Society
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Is Hate Speech Protected by the First Amendment?
In the united states, hate speech is protected by the first amendment. Threats are only unprotected if they're directed to individuals and not groups. We don't protect fighting words, which we define as those personally abusive epithets that provoke an immediate violent response. The government wants to create a law that regulates content, right? That's got to pass this legal test called strict scrutiny.
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