Yes, in fact hate speech already is protected by the first amendment, all that is stated is that we have the right to say what we want it does not put conditions on what the content of what comes out of our mouth has to be, if that was the case our freedom of speech would not be freedom of speech. A person can say what they want even if it is hateful the police can’t arrest or charge some one for saying something that is in essence hateful. Once a person crosses the line of talking smack to making threats then it is a crime.
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