Yes hate speech is protected. That's why we have freedom of speech!
Do you think we would even need freedom of speech if it only pertained to nice words and speech everyone agreed with who?
Also who is the ultimate arbiter of who decides what is hate speech and what is not? You?
Yes since they were granted the permit to hold the rally in the first place. Speech towards an individual that is directly insulting, fighting words, so that any reasonable person would react is not protected. Some of them definitely crossed that line with counter protesters. Thats where I drew a hazy distinction.
So, yes, their rally was protected by the First Amendment.
Last edited by Gelston; 08-16-2017 at 09:39 PM.
Fighting words is a thing, but it is protections for person in court. They can prove the other person was the aggressor due to his words, kinda saying he was the first person to throw a punch, even though it was speech. Not something a cop can arrest you for.
Like:
Person A: All niggars must hang!
Person B punches person A.
Person B's charges are dropped due to the fighting words clause.
This is a state by state thing, not all have it.
Last edited by Gelston; 08-16-2017 at 09:42 PM.
Words which would likely make the person whom they are addressed commit an act of violence. Fighting words are a category of speech that is unprotected by the First Amendment. Chaplinsky v New Hampshire, 315 U.S. 568 (1942).
https://www.law.cornell.edu/wex/fighting_words