As of today, the First Amendment does not contain an exception for hate speech, meaning it is allowed and even protected under freedom of speech. There is a limit to speech considered “fighting words,” or threats, but hate speech is not included because the First Amendment considers it to be merely an expression of opinion. Many people believe that our Constitution should be altered to limit hate speech due to its potentially detrimental effects on the victims; however as of right now, any citizen has the right to express their hate as long as it doesn’t put others in danger.
One of the most recent cases involving hate speech is Phelps vs. Snyder, when Westboro Baptist Church protested at the funeral of Marine Lance Corporal Matthew Snyder, who had died in Iraq. The church strongly believes that God punishes the United States for its tolerance of homosexuality, especially within the military, so they often protest at military funerals with signs with phrases like “Thank God for Dead Soldiers” and “God Hates Fags.” Matthew’s father, Albert Snyder, testified against the church with the claim that he is unable to separate the thoughts of his son’s death with the thoughts of the hateful protest, often getting physically ill just thinking about it. After much consideration, the Supreme Court sided with the church on the premise that their protest is a matter of public concern expressed on public property, and therefore protected by the First Amendment. Similarly, the members of the church have the right to communicate their ideas just as we all do.
Although this is technically correct, many people still regard their protests as an act of lawlessness, and think the Westboro Baptist Church and its members should have taken responsibility for the repercussions on the Snyder family. I think the Constitution should put some type of limitation on hate speech. Clearly not all of it can be restricted, as it would infringe on our citizens’ rights to expression, but I do believe some structure should be put in place. For example, with Albert Snyder and his physical disturbance caused by the protests. Although legal, these assertions have caused pain for many people, and should therefore be outlawed under the First Amendment.
Liptak, Adam. “Funeral Picketing Is Free Speech, Court Rules”. Nytimes.com. N. p., 2014. Web. 15 Feb. 2017.
Volokh, Eugene. “No, There’S No “Hate Speech” Exception To The First Amendment”. Washington Post. N. p., 2017. Web. 17 Feb. 2017.