Who determines exactly what is hate speech? We need it defined specfically if it's not protected

ColonelAngus

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Feb 25, 2015
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Who will define exactly what speech is protected by the 1st ammendment and what speech is deemed "Hate speech"?

Is this person engaging in "Hate Speech"?



It seems pretty hateful to me.

Can we call people "fat" or "stupid" or "white trash"? Those are terms of hate.
 
Who will define exactly what speech is protected by the 1st ammendment and what speech is deemed "Hate speech"?

Is this person engaging in "Hate Speech"?



It seems pretty hateful to me.

Can we call people "fat" or "stupid" or "white trash"? Those are terms of hate.


Do you not know how to use google?

Basically, hate speech is protected until it becomes 'fighting words' (e.g. we should go hurt that person/property because they are black)

Mode of expression can also be a factor - e.g. burning a cross on the lawn of a black family -- not protected free expression.

Fat, stupid, white trash usually embraces that stereotype.
 
Hate speech as a stand-alone crime falls under incitement to violence or making terrorist threats.

Hate crimes are usually aggravating charges, in other words an actual crime like assault, murder, vandalism, trespassing etc. Has to be committed first and then the prosecutor may choose to add the sentencing enhancement if they feel they can prove it was racially motivated. This was done since such crimes are usually meant to spread fear or rally sympathizers and are therefore more serious.
 

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