Freedom of speech and hate speech: an american perspective
Allison Lamson, Lucas de Souza Lehfeld, Augusto Martinez Perez Filho · Revista de Direitos e Garantias Fundamentais · 2022
Freedom of speech is a fundamental right in the United States, however, it is not unlimited. Although the Supreme Court initially supported the government in its pursuit of speech limitation, more recently the Court has positioned itself as the protector of the First Amendment rights. The Court prevented the government from regulating speech on the basis of content and provided strict parameters regarding the lack of protection of freedom of speech. The article aims to examine the evolution of the US jurisprudential understanding and how the idea of hate speech fits into the often ambiguous categories established in the decisions.