Why is hateful speech protected but not threatening speech?

Question

The KKK can go anywhere and preach ' White Supremacy ' because it is protected by the 1st amendment. Its just words. But if you were to go around calling for a violent overthrow of the government you would be thrown in jail. Its just words.

Answer 1

You've gotten some nice, clear answers.

I just wanted to add that "just words" is mis-leading. Words CAN be actions -- when a judge sentences someone, the words "I hereby sentence you" aren't just words, they are an action -- by speaking them, the judge has done a thing with legal and practical consequences.

As when people say "I do" -- or "I surrender" -- those words are also acts.

In another sense that inciting to violence is, perhaps, but that, too is an action -- and has consequences.

We use words to DO things.

Some such things are illegal.

Answer 2

In the legal system, hate speech is different from acts of sedition.

In short, it comes down to the issue of "advocacy of action, not ideas." The outward display through speech of abstract doctrine ("I hate X; X is bad.") is protected under the First Amendment, while speech inciting the forcible overthrow of the government is not.

Answer 3

The line is drawn at words that are likely to and/or intended to incide immediate lawless or violent action. Advocating the immediate and violent (as opposed to lawful) overthrow of the government is one example. Another line is drawn at true threats, defined as words intended to induce the fear that the listener will suffer immediate harm.

So, both hate speech and threats are protected, as long as they don't cross those lines.

Answer 4

This is a fine line.

If the KKK goes around saying white power, it is free speech. If they yell kill all black, then they are arrested. People can ignore people saying one thing, but when there is the possibility that someone may bash in your head, you cannot ignore that.


The freedom of speech has several limits imposed on it by the United States supreme Court
these include
1. advocating violence against people. so if you say, someone needs to kill this person, you are criminally liable.
2. yelling fire in a crowded theatre. this means you cannot make a false statement that is designed to scare people or cause a panic. if your words cause a panic an people are hurt or killed then you are liable
3. Slander/libel to knowingly say thing that are false about someone in order to hurt them personally, professionally, or diminish their standing in the community.
4. obscenity the least well defined thing you cannot do/say under the freedom of speech. It fall under the I know it when I see it category. If it causes you to be offended, then it may be obscene.

Answer 5

Not really, preaching to overthrow the government implies intent, and outlines your plans. Preaching white supremacy, while stupid, doesn't state any intended illegal plans.

Answer 6

Freedom of speech is in the constitution. Inciting a riot is unlawful.

Answer 7

We need government, but government needs to be limited to their corruption. Terroristic threats are crimes, and expressing your opinion isnt. There is a thin line seperating them.

Answer 8

hateful speech can provoke violent reactions

but threats are merely passive....

Answer 9

Look, you say you hate someone and get by with it. But, if you say you hate someone and you are going to break their neck, then you are threating them with harm. Get It?????

Answer 10

I guess fascism is tolerated more than anarchy, I guess.