08/12/2022
In the US, hate speech—along with all other forms of speech—is protected by the First Amendment to the U.S. Constitution. This protection exists based on the principle that the only way to ensure individuals are truly free to express their ideas is to protect the expression of all ideas, even those that may be distasteful, offensive, or hateful. To be criminalized, hate speech must either directly incite imminent criminal activity or consist of specific threats of violence.
That said, the First Amendment only applies to speech restrictions imposed by the government. Private actors are free to place limitations on speech. As a result, online forum and social media platform providers often impose guidelines and restrictions on hate speech at their discretion.
Learn about other countries’ hate speech laws from the map Hogan Lovells created in coordination with Peacetech Lab! https://www.hoganlovellsbase.com/hatespeechmap