First Amendment Role•The First Amendment protects all speech unless it is in a specific banned category. There is no exception under the First Amendment for speech that is hateful, nasty, crude, ugly, or otherwise offensive.
•Laws that stand the constitutional test are those that punish the actions of people rather than their beliefs or statements. A person can be punished for assault and battery if there are threats or actual violence, or if there is property damage. No matter how hateful, a person cannot be punished for mere statements.
Hate speech is very hard to define. Law often contain terms like evil, rude, offensive, etc.•Hate speech is not excluded from First Amendment protection.•There is a movement in the United States to try to get courts to define hate speech as unprotected—especially on college campuses, especially since the 1980s.
1st EditionAlexander Holmes, Barbara Illowsky, Susan Dean 10th EditionElliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson 9th EditionBruce M. King, Pamela Regan 6th EditionMcGraw-Hill Education