Are racial slurs protected by the First Amendment?
Asked by: Henry Walker | Last update: January 29, 2026Score: 4.7/5 (33 votes)
Yes, racial slurs are generally protected speech under the First Amendment, as the U.S. Supreme Court protects offensive ideas, but they lose protection if they cross into unprotected categories like true threats, incitement to imminent lawless action, or direct fighting words (speech likely to provoke immediate violence in a face-to-face confrontation). So, while saying a slur in public speech is usually protected, shouting it directly at someone in a threatening way can be punished.
Are slurs protected under the First Amendment?
Although the racial slur is extremely offensive, it doesn't fall into one of the categories of unprotected speech identified by the U.S. Supreme Court. Thus, the University is prohibited from punishing the student for using speech that is protected by the First Amendment.
What words are not protected by the First Amendment?
The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.
Is being racist considered freedom of speech?
Yes, speech is protected. The government cannot persecute you simply for being racist. The First Amendment does not provide any private sector protections, but it does forbid the government from going after you for your speech. That doesn't mean you're otherwise protected, though.
Does the constitution protect against racism?
The Equal Protection Clause of the Fourteenth Amendment The Fourteenth Amendment was enacted shortly after the Civil War to combat discrimination and ensure due process.
Racial Slurs Are Protected Under The 1St Amendment
Does racism fall under human rights?
Racism and intolerance destroy lives and communities. The United Nations has been concerned with this issue since its foundation, and the prohibition of racial discrimination is enshrined in all core international human rights instruments.
Is discrimination protected by the First Amendment?
Thus, although hate speech, alone, receives constitutional protection, any expression that constitutes a true threat, incitement to imminent lawless action, discriminatory harassment or defamation can be punished by UWM for those reasons.
Is a racial slur considered hate speech?
A hate incident is an act, which is bias-motivated, but does not rise to the level of a hate crime. So, if someone uses a racial or other slur against another, it is probably not a hate crime, rather it is a hate incident. These occurrences are frequently frightening and upsetting, but they are not criminal.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas.
What does the law say about being racist?
It is unlawful to harass a person because of that person's race or color. Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols.
Are racial slurs considered fighting words?
Using curse words or using an angry tone alone are not enough to make an outburst fighting words. Using racial slurs may or may not be fighting words, depending on the context. In weighing if something someone said is fighting words, courts will consider: Was there any other accompanying behavior?
Is cursing protected by the First Amendment?
abridging the freedom of speech.” That may sound pretty clear, but the U.S. Supreme Court has actually ruled that “the right of free speech is not absolute at all times and under all circumstances” and does not protect “the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words” (Chaplinsky ...
Can I hit someone for fighting words?
No. Verbal aggression, insults, or shouting don't automatically justify physical force. For your actions to qualify as self-defense, the threat must involve an imminent use of physical force — meaning the person is about to hit you or harm you.
What two types of speech are not protected under the First Amendment?
The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography. The contours of these categories have changed over time, with many having been significantly narrowed by the Court.
Why is hate speech illegal?
The purpose of this law is to prevent any serious harm that may result from hate speech, including harm to the targeted group and society generally.
Who decides if words are "fighting"?
In the decades following Chaplinsky, the U.S. Supreme Court has decided a number of cases which further clarify what speech or actions constitute fighting words.
Is hate speech protected as free speech?
In the United States, hate speech receives substantial protection under the First Amendment, based upon the idea that it is not the proper role of the government to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.
Is yelling freedom of speech?
Depending on the circumstances, you could be charged with disorderly conduct. If someone is injured, you could be liable. The First Amendment does protect your right to yell "fire" if there truly is one — or you truly believe there is — and you are trying to warn people of the danger so that they can get to safety.
What is the right to bear arms?
The "right to bear arms" refers to the Second Amendment of the U.S. Constitution, protecting the right to keep and carry weapons, interpreted by some as an individual right for self-defense and by others as tied to militia service, leading to ongoing debates and Supreme Court cases defining its scope and gun control regulations. Historically rooted in English law and the concept of armed citizenry for a free state, the amendment's application to modern society with standing armies remains a central point of contention, though the Supreme Court has affirmed it protects individual rights for self-defense, as seen in cases like McDonald v. Chicago and NYSRPA v. Bruen.
Can you sue someone for calling you a racial slur?
Many people ask the same urgent question: can you sue if you are falsely accused of racism? In many cases, the answer is yes. If the accusation involves false statements of fact, is communicated to others, and causes reputational harm, you may have a viable defamation claim or other legal options.
Can you get charged for racist comments?
Who is liable? As with the law of defamation, any person who is involved in the publication or broadcasting of racially offensive material is potentially liable.
Can you call the police if someone is being racist?
All are welcome to report hate incidents and hate crimes. If you want to report a hate crime to law enforcement immediately or you are in present danger, please call 911.
What fighting words are not protected by the First Amendment?
Speech intended to provoke someone else to commit an act of violence: Otherwise known as the “Fighting Words” doctrine, speech targeted at an individual with the express purpose of causing a fight is not protected under the First Amendment.
Is firing someone free speech?
Generally, it is legal to fire employees or rescind job offers based on activity the private-sector employer find offensive, controversial, inconsistent with company values, or simply bad for business.
Which amendment does not allow discrimination?
The 14th Amendment provides, in part, that no state can "deny to any person within its jurisdiction the equal protection of the laws." Title IX specifically prohibits sex discrimination.