Is hate speech protected by the First Amendment? Can library policies forbid “hate speech?
Hateful, offensive speech, even directed at racial, ethnic and minority groups is generally protected from government censorship by the First Amendment. You may recall the Nazi march in Skokie, Illinois. In 1977, a Nazi organization planned a march in this predominantly Jewish suburb of Chicago that included about 5,000 residents who suffered direct persecution from the Holocaust. After a series of court hearings, the Nazi party was able to march. [ii] As with all speech, only government interference is a trigger for First Amendment review. If your library is in a corporate library or a private school, you may restrict speech without concern for the First Amendment. [iii] Universities with codes forbidding hate speech have been sued and have lost.[iv] Since speech codes directed against hate are likely to be unconstitutional, it’s best to stay away from them, or at least consult an attorney before writing one.
