Due March 23rd


1.   Hate Speech in the Constitutional Law of the United States by William B. Fisch

The article by Fisch discusses the limits on constitutional protection of  “hate speech” against a person or a group of people defined in terms of race, ethnicity, national origin, gender, religion, and sexual orientation. The first amendment protects freedom of speech for all individuals and does not provide any limits to an individual’s freedom of speech. The first amendment forbids government from abridging an individual’s right to freedom of speech thus leaving it up to the United States Supreme Court to determine regulations of hate speech. Fisch diiscusses the classifications hate speech must fit in order to be considered a crime or a constitutional attack. Speech that incites others to violence, speech that provokes a violent reaction against the speaker, speech that directly threatens unlawful harm to others, and speech that constitutes unlawful discrimination, are all protected in The United States law by the Freeedom of Speech Clause despite their social harm. Only when speech is actualized by violence or other unlawful action towards an individual or individuals does expressions go over the limit of freedom of speech.


The aricle by Fisch can be considered academic because Fisch uses multiple references from various sources such as books, the Constitution, acts and laws, law reviews, and court cases. The article can also be considered reliable because it was published by American Society of Comparative Law which is  a society that promotes the comparative study of law and the understanding of  legal systems.


The article relates on my topic of “hate speech.” The focus of my topic is to discuss whether or not there are regulations on the freedom of speech when it comes to hate speech. The article discusses the various aspects of speech that are considered constitutional or unconstitutional thus making the article helpful in providing information that directly relates to my focus. The various examples provided in the aarticle relate to my focus and give me a broader view on the topic of hate speech. The article would be very helpful in my research.

Published in: on March 23, 2011 at 2:10 am  Leave a Comment  

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