• Belgdore@lemm.ee
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    6 days ago

    Hate speech is not protected by the constitution and is typically a point of proof in hate crime cases. There are also civil remedies for directed hate speech in many states. Also assault is a crime that only involves words.

    We allow generalized hate speech because we believe that the appropriate counter to speech is speech.

    “If there be time to expose through discussion, the falsehoods and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.” - Justice Louis D. Brandeis

    • HelixDab2@lemm.ee
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      6 days ago

      Hate speech is not protected by the constitution

      That is 100% false. Hate speech is absolutely protected speech. The only speech that is subject to criminal penalties is speech that incites people to immediate violence, and obscenity (e.g., child pornography). I’m not going to cite all the case law, but this is a good starting point