There is no legal definition for hate speech in the United States. Banning it would leave the door open for politicization. In an ever-political world, judicial decisions often get caught in the cross-hairs and what would be deemed “hate speech” could vary wildly depending on the political tides.
In addition to this difficulty of enforcement, the first amendment is designed specifically to protect speech which is disliked. If speech is popular, it will not be called hate speech. Only unpopular speech, which would sometimes run the risk of being called hate speech based on political tides, needs protecting. Speech which encourages direct calls to violence, targeted harassment, and doxing are already illegal (as well as the allowance of civil suits for defamation). Any other type of speech endangers no one and not allowing it goes against the spirit of the first amendment.
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