[email protected] writes:
Is 'hate speech' recognized by law? If so - is it a crime?
No, it's not. SCOTUS has ruled over and over again, most
recently unanimously in 2017's Matal v. Tam that the First
Amendment protects hate speech.
As for incitement, it can be criminalized but only if
it meets the test set out in 1969's Brandenburg v. Ohio.
For incitement to lose First Amendment protection it must be
"directed to inciting or producing imminent lawless action
and is likely to incite or produce such action".
And the courts have construed "imminent" very narrowly.
It essentially means "right now".
--
Rich Carreiro
[email protected]
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