Do We Draw a Line Between Freedom of Speech and Hate Speech in American Law?

Abstract

With the extreme significance of First Amendment rights to the American people, the idea of restricting certain forms of speech, based on how offensive or discriminatory it is, is highly debatable. This paper aims to analyze past Supreme Court decisions of cases that dealt with hate speech in order to explore the constitutionality of it. It examines the ways the Court distinguishes whether there should be a line drawn between freedom of speech and hate speech in some extreme cases taking into consideration people’s First Amendment rights. It is important to examine these opinions in order to promote an accepting environment as well as protect our freedom of speech.