Hate Speech

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Hate speech is defined as, speech directed as a historically oppressed religion or racial minority with the intent and demean. Hate speech is can be protected by the first Amendment, “congress shall make no…abridging the freedom of speech, or press, or the right for people to peaceably assemble. Most forms of hate speech are protected with the exception of, obscenity, child pornography, Content-Based (advocacy for use of force/violation to inciting lawlessness), Non-Content Based (Time, Place, Manner), Prior Restraint, Commercial, Defamation, Speech Harmful to Children. One the most common misconceptions regarding the first Amendment is, that “it” guarantees you “free speech” which is not the case. The first Amendment makes it unconstitutional for the “government to suppress speech and expression.” Hence, flag burnings and cross burnings are protected forms of free speech. It is when “your rights to free speech” bump into “my rights of free speech” that things start to get complicated. In 1992, R.A.V. v. City of St. Paul, The Supreme Court struck down an ordinance, prohibiting ...

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