Does the First Amendment protect hate speech?

The First Amendment does not contain a specific exception for hate speech, and the U.S. court system has generally ruled against attempts to censor it on the basis of freedom of speech.12

While the government may not punish speech simply because it is racist, sexist, or otherwise hostile to a religion or group, this does not mean all such expression is protected. Hate speech may be restricted if it falls into traditionally recognized, narrow categories of unprotected speech, such as:

• Threats: Personalized threats of illegal conduct, such as death threats, are punishable.13
• Fighting words: Personally addressed insults that are likely to provoke an immediate physical fight may be restricted.13
• Incitement: Speech directed at inciting or producing imminent lawless action and likely to produce such action is not protected.13

Crucially, while the government may punish these specific actions, it cannot impose special penalties on speech solely because of its hateful content.13