On Tuesday, the Supreme Court issued a landmark decision on the right to free speech, and it has raised a question that’s been burning in some corners of the internet: What does it mean to have a “protected” speech that has a “hate-based” content?
On Tuesday, in a 5-4 decision, the Court held that the First Amendment protects “hate speech” on the basis of “the motivating animus” that motivated the speech and “the substantial burden it imposes on protected First Amendment rights.”
The decision, however, did not hold that the “hate” in question is a real or real-world fear.
Instead, it struck down a state law in New York that made it a felony for anyone to “provide or encourage” someone else to engage in “hate crimes.”
This is, in fact, what the majority opinion says.
As The Daily Wire’s Joshua Zeitz points out, the ruling is a win for the anti-fascist movement and the free speech rights of those who don’t agree with its principles.
As Zeitz writes, the decision has the potential to put “hate free speech” in legal jeopardy, and that’s a good thing.
If you don’t like it, well, that’s fine.
If you do, it’s going to get you labeled a “bigot” and possibly arrested.
But the Supreme Council of the Right, a group of conservative legal and policy experts, wrote an op-ed for the Wall Street Journal this week that says this ruling is “inconsistent with the First and Fourteenth Amendments.”
They argue that the right in question covers “no specific conduct” that “is protected by the First or Fourteenth Amendment, and the lawfulness of such conduct is not at issue here.”
The decision comes in a case known as “Plaintiff v.
New York,” which involved the city of New York’s law prohibiting certain types of speech.
It’s a case that, at least at first glance, seems like a win.
New Yorkers are prohibited from making racist comments, as they have been for decades.
The city argues that this is an attempt to prevent the spread of racism and other harmful ideas, and so it’s illegal.
As Zeitz explains, though, this interpretation is flawed.
As the opinion states, “the New York City ordinance does not prevent any speech that is hateful, disparaging, or inflammatory.”
Indeed, the city argued that it could prohibit “hateful, disparishing, and inflammatory speech” if the speech “has a direct connection to racial, ethnic, or religious hatred.”
The fact is, this argument ignores the fact that the speech is a direct, personal connection between the speaker and the speaker’s intended audience.
The law in question doesn’t prohibit all speech.
Rather, it bars the speaker from directly engaging with the audience of their speech.
This is not to say that the city’s “hate law” is unconstitutional.
The First Amendment does not guarantee the right of free speech.
The Court has long held that it’s a matter of public policy to regulate speech that “disparages, mocks, or denigrates” others.
But the First amendment is not the same thing as a law that prevents all speech, as a court in a landmark case has explained.
This, in turn, means that the Supreme Center for Constitutional Studies, a nonprofit organization, has argued that the law violates free speech by prohibiting “hate crime” laws.
According to their analysis, these laws are not about speech, but about punishing individuals and groups that engage in hateful conduct.
They argue that this interpretation of the law is “irrational and capricious” and that the Court should “refuse to enforce the law as it stands.”
They further note that the fact is that the majority is a liberal majority, meaning that it is not clear that they can find a way to strike down a law in their favor.
That’s unfortunate, because the ruling means that people will no longer be able to make their voices heard in court, and thus, they can protect free speech as a constitutional right.
So what does this ruling mean for free speech?
It means that, if you’re a person who wants to say something about a controversial topic, you’ll have to find a lawyer who will handle your case.
But, in the meantime, you can look for someone to help you get the facts and get you the support you need to make the right decision.