How do you believe 'hate speech' could be challenged in the Supreme Court and the case won?
I'm surprised no one has brought such a case to the Supreme Court.
There is no constitutional exception for so-called hate speech. The First Amendment fully protects speech that some may find offensive, unpopular, or even racist. The First Amendment allows you to wear a jacket that says “F**k the Draft” in a public building (see Cohen v. California, 403 U.S. 15), yell “We’ll take the f**king street later!” during a protest (see Hess v. Indiana, 414 U.S. 105), burn the American flag in protest (Texas v. Johnson, 491 U.S. 397 and United States v. Eichman, 496 U.S. 310), and even give a racially charged speech to a restless crowd (see Terminello v. Chicago, 337 U.S. 1). You can even, consistent with the First Amendment, call for the overthrow of the United States government (see Brandenburg v. Ohio, 395 U.S. 444). This is not a recent development in constitutional law—these cases date back to 1949.<The U.S. Supreme Court stated the general rule regarding protected speech quite well in Texas v. Johnson, when it held:
The government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable.
Federal courts have consistently followed this holding when applying the First Amendment to public universities. While invalidating sanctions placed on a fraternity for holding an “ugly woman contest,” a federal district court in Iota Xi Chapter of Sigma Chi Fraternity v. George Mason University, 993 F.2d 386, held:
The First Amendment does not recognize exceptions for bigotry, racism, and religious intolerance or ideas or matters some may deem trivial, vulgar or profane.
- There is No Such Thing as ‘Hate Speech’