Defining Hate Speech
Chris Demaske · 2020
This chapter explores the difficulties and possibilities in developing a constitutionally acceptable approach that will offer meaningful change to the way people treat hate speech in the United States. It provides an overview of previous work conducted on this topic. The chapter examines both scholarly interpretations and some legal approaches, this discussion is not intended to be comprehensive, but merely to express the breadth of possible definitions. It addresses the various harms associated with hate speech. Finally, the chapter proposes a definition of hate speech as the guiding interpretation of the term, and will best protect both targets of hate speech and freedom of speech. The best regulable definition of hate speech should start where the two approaches overlap - protection of selfhood - and attempt to alleviate as best as possible the risks associated with each.