Should hate speech and discrimination be protected under the 1st Amendment? This partisan SCOTUS seems to think discrimination wouldn't possibly lead to anything like the Holocaust, because fascists in the U.S. are nothing like fascists anywhere or anytime else. #SCOTUS 🙄 😞
But this is a question for the Congress, not for the Court.
The Court doesn't have the authority to decide what *should* be law. That's for the democratic branch to decide.
The Court is to look at what we, through our representatives, have chosen, and rule based on that.
If we don't think discrimination should be protected speech, great! Let's elect people who will carve out that exception to speech protection.
But to look at the Court for this is to look at the wrong branch of government.
@volkris
Take a look at some of the literature on inciting violence and inciting hate crimes. The UN has a high threshold for it, but inciting violence CAN also be a felony in the U.S. Inciting hate crimes can't be "free speech" AND a felony at the same time, can it? There's quite a lot of literature out there, including reviews of state statutes about inciting violence or hate crimes. If "discrimination" serves to incite violence or hate crimes like lynching, then maybe we need a better definition of "discrimination."
https://www.ohchr.org/sites/default/files/Rabat_threshold_test.pdf
https://www.law.cornell.edu/wex/fighting_words