Does the U.S. have a law against hate speech?
Asked by: Anthony Bernier | Last update: February 15, 2026Score: 4.2/5 (57 votes)
Yes, hate speech is generally legal in the U.S. under the First Amendment, as the government can't prohibit speech just because it's hateful; however, it becomes illegal when it crosses into unprotected categories like true threats, incitement to imminent violence, defamation, or discriminatory harassment that interferes with civil rights, which are not protected by free speech.
Is hate speech illegal in the United States?
Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group.
What is the hate speech law?
In response to the Bondi terror attack Labor drafted new legislation to crack down on hate speech, including the creation of a new federal offence that would make it illegal to publicly promote or incite racial hatred. The wide-ranging bill also included a national gun buyback scheme and stricter firearm controls.
Can the government punish you for hate speech?
Does the First Amendment Protect Hate Speech? “Hate speech” isn't a legal category of speech in the United States, but in short, yes. The government cannot punish someone simply for expressing hateful views.
What speech is not protected in the United States?
The following speech may not be protected: Speech that is intended and likely to provoke imminent unlawful action (“incitement”). Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals (“true threats”).
When is Free Speech Hate Speech?
Is the f word protected speech?
Yes, the "f-word" (profanity/obscenity) is generally protected speech under the First Amendment, as the Supreme Court has ruled that offensive or vulgar words alone aren't enough to restrict speech; however, it loses protection if it crosses into unprotected categories like "fighting words" (direct personal insults likely to provoke violence), true threats, or is part of obscenity, though courts have narrowed these exceptions significantly, as seen in the Brandi Levy case where school-related online swearing was protected.
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.
Is making racist comments illegal?
In the U.S., racist comments are generally protected speech under the First Amendment, even if offensive, but they become illegal when they cross into specific categories like true threats, incitement to imminent violence, defamation, or fighting words, or when they become part of discriminatory actions in employment, housing, or public services, leading to civil rights violations or hate crimes. So, while yelling slurs on the street usually isn't a crime, using racist language to deny someone a job or threatening violence is illegal.
How can hate speech be stopped?
Educate. You can help raise awareness of hate speech -- online or offline – simply by engaging with your family and friends in conversations about how hateful content can harm societies. Advocate for responsible behaviour and share public campaigns and educational resources.
Can you sue people for hate speech?
You may talk to an attorney and file a private lawsuit under California Civil Code section 52 to enforce the Ralph Act. You may also pursue a claim under the Bane Civil Rights Act, California Civil Code section 52.1.
Can you press charges on someone for hate speech?
So, while it may hurt and frighten people and communities, it is not a crime to speak or write words that advocate hate and bigotry. However, speech that includes a credible threat of violence against an individual or group is a crime.
What words fall under hate speech?
Hate speech comes in many forms. It can include hatred rooted in racism (including anti-Black, anti-Asian and anti-Indigenous racism), misogyny, homophobia, transphobia, antisemitism, Islamophobia and white supremacy.
Can you get banned for hate speech?
While many countries have legal restrictions on certain types of hateful speech, other countries with strong legal protections similar to the U.S. First Amendment typically do not. In the United States, hateful language and offensive speech are protected from government interference under the First Amendment.
Is hate speech considered harassment?
Discriminatory harassment and hate speech are both harmful and may overlap in some cases. However, they are distinct concepts with different legal implications. Discriminatory harassment may include hate speech. However, some forms of hate speech do not rise to the level of discriminatory harassment and are protected.
Are fighting words protected by the First Amendment?
The U.S. Supreme Court ruled in Chaplinsky v. New Hampshire (1942) that fighting words are not protected by the First Amendment.
What is a hate crime in the USA?
Hate crime in criminal law means a standard offence (such as assault or murder) with an added element of bias against a victim (individual or group of individuals) because of their physical appearance or perceived membership of a certain social group.
Is hate speech actually illegal?
Hate speech is generally protected under the First Amendment in the United States, unless it falls into unprotected categories such as incitement or true threats. Therefore, it is typically not illegal.
Does the 1st Amendment protect hate speech?
Yes, hate speech is generally protected by the First Amendment in the U.S. because there's no specific legal exception for it; however, it loses protection when it crosses into categories like "true threats," incitement to imminent violence, or discriminatory harassment, which are unprotected forms of speech. The government can't censor speech just because it's offensive, hateful, or unpopular, but it can restrict speech that directly causes harm or incites illegal acts.
Can I report someone for being racist?
If you believe you are a victim or a witness of a hate crime, report it to the FBI by calling 1-800-CALL-FBI or tips.fbi.gov. You can remain anonymous.
What free speech is not protected?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...
Can I sue someone for calling me a racist?
Yes, you can sue for false accusations of racism in many situations, but the viability of a lawsuit depends on what was said, how it was said, and whether the accusation can be proven false. A defamation lawsuit is strongest when the accusation: States or clearly implies specific, verifiable facts.
Is hate mail illegal?
Mailings like this are a serious federal crime. If you receive a threatening letter, report it to Postal Inspectors and keep the letters as evidence. A more modern version of a threat letter is called cyberbullying.
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 does the 1st Amendment say?
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What is the Free Speech Act of 2025?
“The Free Speech Act of 2025 will prevent the FCC from using its power to unlawfully censor voices or force media companies to align with a political agenda.