How many states have hate speech laws?

Asked by: scraper | Last update: September 27, 2026

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No state has laws specifically criminalizing "hate speech" because the U.S. Supreme Court has repeatedly ruled that hate speech is fully protected under the First Amendment. However, 46 states and the District of Columbia have enacted State Hate Crimes Statutes that enhance penalties or criminalize bias-motivated violence, intimidation, and property damage.

Is hate speech illegal in any state?

The U.S. Constitution allows hate speech as long as it does not interfere with the civil rights of others. While these acts are certainly hurtful, they do not rise to the level of criminal violations and thus may not be prosecuted.

What two states don't have hate crime laws?

As of late 2025 and early 2026, South Carolina and Wyoming are the only two states in the U.S. that do not have state-level hate crime laws. While federal law still applies, these states lack specific legislation to prosecute crimes motivated by bias based on race, religion, sexual orientation, or other characteristics.

Is it illegal to be racist in the USA?

Yes, racial discrimination and racially motivated violence are illegal in the United States, but expressing racist beliefs is generally protected by the First Amendment. The law distinguishes between holding racist ideologies and acting on them.

What qualifies as illegal hate speech?

In the United States, "hate speech" is not a legally defined crime and is generally protected by the First Amendment. It only becomes illegal and punishable by law if it falls into a narrow, clearly defined category of unprotected speech:

Brandenburg v. Ohio: Hate Speech Is Free Speech | 5-Minute Videos | PragerU

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Can the government punish you for hate speech?

(The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) 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.

Can you call the police if someone is being racist?

If you believe your civil rights, or someone else's, have been violated, submit a report using our online form. If you or someone else is in immediate danger, please call 911 or local police. If you are reporting misconduct by law enforcement or believe you have experienced a hate crime, please contact the FBI.

How to call out racism as a white person?

Six ways to call out racism and bigotry when you see it

Listen to people who experience racism. ...
Lean in to awkward conversations. ...
Keep your cool. ...
Talk about people, not numbers. ...
Think about the language you use. ...
Talk about what you're for, as well as what you're against.

What is the 80% rule in discrimination?

The rule states that companies should be hiring protected groups at a rate that is at least 80% of that of white men. For example, if a firm has hired 100 white men in their last hiring cycle but only hired 50 women, then the company can be found in violation of the 80% rule.

At what point does hate speech become illegal?

In the United States, hate speech is protected by the First Amendment. It only becomes a crime when the speech crosses the line into unprotected categories. Legally, offensive or hateful speech becomes a crime under the following circumstances:

What is the number one hate crime in America?

Some of the most significant hate crimes in U.S. history based on casualties and impact include the 1921 Tulsa Race Massacre, the 1964 "Mississippi Burning" murders, the 2015 Charleston church shooting, and the 2016 Pulse nightclub shooting. In recent years, 2023 saw the highest number of reported hate crimes ever, with a 45% increase.

What speech is not protected in the USA?

The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.

What is the Romeo-Juliet law in Alabama?

Alabama's "Romeo and Juliet" law (codified in Alabama Code Section 13A-6-63) protects close-in-age teenagers from statutory rape charges by providing a legal defense for consensual sexual activity.

Are any words illegal to say?

In the US, no single word is strictly illegal to utter on its own. However, speech becomes illegal based entirely on context when it causes direct harm or violates specific laws.

Does the Supreme Court rule no such thing as hate speech?

The First Amendment does not entrust that power to the government's benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society. Effectively, the Supreme Court unanimously reaffirmed that there is no 'hate speech' exception to the First Amendment.

Is name calling a crime?

In the United States, name-calling is generally not a crime. Because of First Amendment protections, you are legally permitted to use offensive words. However, name-calling can cross the line into illegal behavior in specific situations:

What does 4 fingers up mean for cops?

For police, holding up 4 fingers generally means "Code 4," which is law enforcement shorthand for "no further assistance needed," "everything is secure," or "all clear."

Can you legally hit someone if they hit you first?

It is not automatically legal to hit someone just because they hit you first. The law allows you to defend yourself, but hitting back must strictly qualify as legal self-defense. If your actions cross into retaliation, they can be treated as assault or battery.

What does 1042 mean for cops?

One such tradition is the use of “Ten Codes” on the police radio. One “Ten Code” that is not as familiar to the general public is “10-42”. This particular code is used to indicate an officer's end of tour. In this case, Officer Friend is signing off for the final time.

Does hate speech go against the Constitution?

Yes, hate speech is protected by the U.S. Constitution. The First Amendment generally prohibits the government from censoring or punishing speech based on its content, including speech that is deeply offensive, hateful, or upsetting.

Can you go to jail for using hate speech?

In the United States, you cannot be arrested or prosecuted simply for expressing offensive or hateful views, as it is generally protected by the First Amendment. However, you can be arrested if that speech crosses the line into unprotected categories like true threats, incitement to imminent violence, or targeted discriminatory harassment.

Is it illegal to use racial slurs?

In the United States, using racial slurs is generally legal and protected as free speech under the First Amendment. However, there are significant legal exceptions and civil consequences depending on the context in which the slurs are used.

What speech is not protected?

Under the U.S. Constitution, freedom of speech is broad but not absolute. The Supreme Court has ruled that several specific, narrow categories of speech lack First Amendment protection, meaning the government can regulate or ban them.

What is the Brandenburg Test?

The Brandenburg test is the legal standard used by U.S. courts to determine whether speech advocating for violence or unlawful conduct can be punished by the government without violating First Amendment rights.

Can you be fired for what you say?

But within reason, even if it's offensive, you can speak your mind, government can't punish you for it. But that doesn't really apply in the employment context. Your boss, your employer, they can fire you for things you say online if they don't like them.