Legally, you cannot be criminally charged. They will not protect you from the consequences of your speech coming from private parties, whatever those are. You can increase the number or severity of charges for crimes if they are even partially motivated by prejudice towards specific groups, hate speech may be evidence of that motivation.
Hate crimes and hate speech are two different, but related, things, so I understand your confusion. You cannot be prosecuted for hate speech, because that is a government infringement on your liberties. They can prosecute you if the hate speech intentionally incites violence, because that is not protected speech. The hate speech can also inform intent to turn another crime into a hate crime.
Calling someone the N word (hate speech) won’t get you arrested.
Calling someone the N word while you attack them (hate crime) will.
Under this context, yes you would be prosecuted for “hate speech” because the criminal activity here is the speech itself. Under any other circumstances you would be allowed to say whatever you like. There are always consequences to your actions, they’re just not always criminal consequences.
Making someone feel unsafe is not assault. Words can compel people to act but they themselves are responsible for their actions.
That being said, there is a concept of fighting words in the USA. Scroll down to the section titled Post-Chaplinsky, there’s information about the courts’ rulings applying to personal insults.
Honestly I need to take time to read this wikipedia article a little more thoroughly but I’m on my way out the door. I am not a lawyer I just find law interesting.
Are you telling me I couldn’t be prosecuted for hate speech? That cant be true.
Legally, you cannot be criminally charged. They will not protect you from the consequences of your speech coming from private parties, whatever those are. You can increase the number or severity of charges for crimes if they are even partially motivated by prejudice towards specific groups, hate speech may be evidence of that motivation.
https://en.wikipedia.org/wiki/Hate_speech_in_the_United_States
Hate crimes and hate speech are two different, but related, things, so I understand your confusion. You cannot be prosecuted for hate speech, because that is a government infringement on your liberties. They can prosecute you if the hate speech intentionally incites violence, because that is not protected speech. The hate speech can also inform intent to turn another crime into a hate crime.
Calling someone the N word (hate speech) won’t get you arrested.
Calling someone the N word while you attack them (hate crime) will.
Under this context, yes you would be prosecuted for “hate speech” because the criminal activity here is the speech itself. Under any other circumstances you would be allowed to say whatever you like. There are always consequences to your actions, they’re just not always criminal consequences.
Calling someone the nword is almost always going to make them feel unsafe, which makes it an assault, am I right?
Making someone feel unsafe is not assault. Words can compel people to act but they themselves are responsible for their actions.
That being said, there is a concept of fighting words in the USA. Scroll down to the section titled Post-Chaplinsky, there’s information about the courts’ rulings applying to personal insults.
Honestly I need to take time to read this wikipedia article a little more thoroughly but I’m on my way out the door. I am not a lawyer I just find law interesting.
Also, hate speech is still separate from threatening violence or other harm. I can freely hate you, but I can’t advocate to hurt you.
I think I have that right.