What hate speech is not protected?

Asked by: Reanna Rowe  |  Last update: January 28, 2026
Score: 4.9/5 (33 votes)

In the U.S., "hate speech" isn't a legal category, so it's generally protected by the First Amendment; however, it loses protection when it crosses into specific unprotected categories like true threats, incitement to imminent violence, discriminatory harassment, or defamation, which involve actions or threats of harm, not just offensive ideas. While offensive expression is usually protected, it becomes illegal if it directly causes immediate lawless action or targets individuals with serious intent to cause violence.

What qualifies as illegal hate speech?

Hate speech calls out real or perceived “identity factors” of an individual or a group, including: “religion, ethnicity, nationality, race, colour, descent, gender,” but also characteristics such as language, economic or social origin, disability, health status, or sexual orientation, among many others.

Why is hate speech not protected?

In the US, hate speech is subject to the same first amendment protections as any other public speech. If it crosses the line into defamation, sedition, incitement to imminent violence, it is not protected speech, again same as any other public speech.

What types of speech are not protected?

Which types of speech are not protected by the First Amendment?

  • Incitement to Imminent Lawless Action. The First Amendment does not protect speech that incites people to break the law, including to commit acts of violence. ...
  • Fighting Words. ...
  • True Threats. ...
  • Obscenity. ...
  • Defamation. ...
  • Harassment. ...
  • Material and Substantial Disruption.

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. 

Jordan Peterson: Free Speech & the Right to Offend

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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 saying the f word illegal?

Generally, cursing in public is not an illegal offense. However, there are some instances where you still could be charged with disorderly conduct when cursing. This includes: If your language incites violence.

Which type of speech is considered unprotected?

Speech not protected by the First Amendment generally falls into categories like incitement to imminent lawless action, true threats, obscenity, defamation (libel/slander), fighting words, fraud, child pornography, and speech integral to criminal conduct, though the lines can be narrow and context-dependent, with the bar for unprotected speech being very high. These exceptions don't apply to lies in general, which are usually protected, but do cover specific harmful falsehoods like fraud and defamation. 

What are the two exceptions to freedom of speech?

Two major categories of speech not protected by freedom of speech are incitement to imminent lawless action (speech intended to cause immediate illegal acts) and true threats (serious expressions of intent to commit violence), with other key exceptions including defamation, obscenity, fraud, and child pornography. 

Which form of speech has the least protection?

These include the lewd and obscene, the profane, the libelous, and the insulting or “fighting” words — those which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace.

Can I be sued for hate speech?

Contrary to a common misconception, most expression one might identify as “hate speech” is protected by the First Amendment and cannot lawfully be censored, punished, or unduly burdened by the government — including public colleges and universities.

Is hate mail illegal?

Hate Mail: This is a letter containing usually negative, hostile and hurtful language targeting a person or group based on a bias. If the letter does not contain certain threats, then sometimes it is not considered a crime.

Can you be fired for what you say?

Whistleblower Protections: Posts that expose illegal activities, safety violations, or other wrongdoing by your employer may be protected under California whistleblower law. These laws shield employees from retaliation when they report misconduct.

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 be put in jail for hate speech?

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 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 free speech isn't allowed?

While the First Amendment protects a broad range of expression, it doesn't shield speech that incites imminent lawless action, constitutes true threats, is obscene, defames others (libel/slander), or is integral to criminal conduct like fraud, with specific categories like child pornography and certain commercial speech also excluded. Even offensive or unpopular speech, including hate speech, is generally protected, but speech that crosses into these unprotected areas can face legal limits, often clarified by courts.
 

What are the five limits to freedom of speech?

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 ...

What constitutes hate speech?

Hate speech is communication that attacks or demeans a group or individual based on characteristics like race, religion, ethnicity, gender, or sexual orientation, often inciting hatred, discrimination, or violence, though its legal definition varies, with U.S. law largely protecting offensive speech unless it crosses into threats or incitement, while international standards are stricter. It's characterized by vilification, humiliation, or promoting hostility against protected groups, impacting social cohesion. 

What are three types of speech that are not protected?

The Court generally identifies these categories as obscenity, defamation, fraud, incitement, fighting words, true threats, speech integral to criminal conduct, and child pornography.

What are the 5 types of unprotected speech?

Table of Contents

  • Incitement.
  • True Threats.
  • Fighting Words.
  • Obscenity.
  • Defamation.
  • Fraud and Perjury.
  • Speech Integral to Criminal Conduct.

What are not protected forms of free speech?

The First Amendment doesn't protect categories like incitement to imminent lawless action, true threats, obscenity, defamation (libel/slander), fighting words, child pornography, and speech integral to criminal conduct, though the Supreme Court has defined these exceptions narrowly, often meaning hateful or offensive speech is protected unless it falls into these specific unprotected areas. 

Can I curse at a cop?

Yes, you generally can cuss at a cop due to First Amendment protections for criticizing government officials, but it's risky because context matters; if your swearing escalates to threats, incites immediate violence ("fighting words"), or is part of other criminal acts like resisting arrest, you can be arrested for disorderly conduct or similar offenses, making legal advice crucial if charged. 

Is cr * pa a bad word?

"Crap" is generally considered mild profanity or vulgar slang, making it inappropriate for formal settings like work or school, but often acceptable in casual conversation among friends or family; it's not as strong as stronger swear words but can still be seen as impolite, depending on the audience and context. Using "crap work" refers to low-value tasks, and while the word itself is informal, the quality of the work described is poor. 

Can Christians say the F word?

Christians should avoid profanity. The Bible emphasizes the power and sacredness of speech. It calls Christ-followers to use words that build up rather than tear down. Traditionally, new believers in every culture have felt convicted about swearing and have adjusted their language after coming to faith.