Clarifying the Question of Hate Speech

Eugene Volokh provides a clear and concise explanation of what speech is and is not protected by the First Amendment. Keeping these distinctions in mind might save many universities from paying needless legal costs defending unconstitutional policies. As Volokh reminds us, “there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas.” As Justice Brandeis put it, “If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”

Read the full article here: No, there’s no “hate speech” exception to the First Amendment