Legal Question in Constitutional Law in Texas

Any lawyers or paralegals on board??? I have a ? about "free speech". When does Free speech become HATE speech ? is Why is calling for Genocide NOT a Terrorist Threat ? I'm serious about the questions.


Asked on 5/30/18, 2:00 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Your question assumes that free speech and hate speech are mutually exclusive. They're not. Most hate speech is perfectly legal and is fully protected by the First Amendment. People are allowed to say vile, hateful things in this country. It can be done in illegal ways, but the hateful content of a statement, by itself, can never make saying it illegal.

Statements qualify as threats only when they are about the prospect of imminent harm, are directed toward a person who would be subjected to that harm, and place that person in reasonable fear that he or she is about to suffer that harm. Statements about genocide can qualify, but most won't. (Note: I'm greatly simplifying some rather complex rules for the sake of clarity.)

You seem to have a particular statement in mind. Whether it qualifies as a threat will depend on what was said and in what context, as well as how the people who heard it (perhaps including people who learned of it only indirectly) reacted to it. If you'd like a more specific answer, you may want to re-post your question with more details.

Read more
Answered on 5/30/18, 2:27 pm


Related Questions & Answers

More Constitutional Law questions and answers in Texas