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Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution. [1] While "hate speech" is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected speech under the First Amendment.
Hate speech is generally accepted to be one of the prerequisites for mass atrocities such as genocide. [11] Incitement to genocide is an extreme form of hate speech, and has been prosecuted in international courts such as the International Criminal Tribunal for Rwanda.
Online hate speech is a type of speech that takes place online with the purpose of attacking a person or a group based on their race, religion, ethnic origin, sexual orientation, disability, and/or gender. [1] Online hate speech is not easily defined, but can be recognized by the degrading or dehumanizing function it serves. [2] [3]
Hate crime laws are distinct from laws against hate speech: hate crime laws enhance the penalties associated with conduct which is already criminal under other laws, while hate speech laws criminalize a category of speech. Hate speech is a factor for sentencing enhancement in the United States, distinct from laws that criminalize speech.
"The Online Hate Speech Law forces social media networks to promulgate policies governing so-called 'hateful conduct' and create 'mechanisms' by which users can report such conduct," wrote the ...
In it police define hate crimes and state that free speech provides a right to express ideas without government censorship.
In the case of The New York Times, the paper issued a correction to affirm that the First Amendment protected hate speech, and not Section 230. [ 78 ] [ 79 ] [ 80 ] Members of Congress have indicated they may pass a law that changes how Section 230 would apply to hate speech as to make tech companies liable for this.
At issue is hate speech. And the first words of this 83-page lawsuit, filed in U.S. District Court in lower Manhattan, tell us much about the stakes here: “The age-old virus of anti-Semitism is ...