The First Amendment's Right To Freedom Of Speech And Hate Speech

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There is often a lot of confusion when it comes to the First Amendment and what can or cannot be said. A lot of people think because the First Amendment protects against prosecution from the government for freedom of speech that they, can say or post online whatever they want. Freedom of speech may give people the right to say anything they want, but not always without consequences. The First Amendment does not fully protect people from being prosecuted for using or directing hate speech at a certain group or person, depending if they’re using “fighting words”. The First Amendment is not only there to protect someone’s right to freedom of speech. It also covers the freedom of “not” speaking, religion, art, or photos, (as long as they’re not child pornography), expressing oneself by what they wear. The First Amendment also covers freedom of press as long as it is not false or slander. To be clear, there is nothing in the US Constitution that separates freedom of speech and hate speech. There is no “clause” or article about hate speech. There are a few exceptions, but nothing that stops one person from speaking ill of another person or group. The First Amendment in the United States of America’s constitution protects the right of freedom of expression and freedom of religion without government interference. The …show more content…

Hate speech is often directed towards religious groups, homosexuals, minority groups etc. Hate speech is not violating the First Amendment unless it is directing people to harm that group of people. In Wisconsin v. Mitchell, 508 U.S. 476 (1993), hate speech turned into “fighting words”, when the defendant told a group of boys “There goes a white boy; go get him!”. The First Amendment does not protect a person from prosecution that uses “fighting words”, because those words are likely to cause harm or violence from the person speaking

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