9 ms·

hate speech is still protected speech

• pierat 2y ago
  Threatening to "go kill ni**ers for a high score" is likely illegal. That shits on /pol/ right now, and is the root of supporting extremism to the point of violence and murder. And last I checked, making death threats is explicitly not protected speech.
  • samatman 2y ago
    In the US? It absolutely is protected speech. Your test sentence fails the Brandenburg test: it is not "directed to inciting or producing imminent lawless action", nor "likely to incite or produce such action." https://www.law.cornell.edu/wex/brandenburg_test https://www.law.cornell.edu/wex/brandenburg_test
  • tekla 2y ago
    Thankfully, the US system does not agree with you.
  • jcranmer 2y ago
    True threats are illegal. However, "go kill ni*ers for a high score" is not only not a true threat, it's the kind of speech that Brandenburg v Ohio, which established the current incitement-to-imminent-lawless-action test, explicitly said was 100% protected free speech. Pretty much anything less than leading a mob and telling them who is their next lynching target will be ruled protected speech.