Subject: It's a bit more complicated...
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Posted on: 2016-11-15 23:30:00 UTC

First as to your immediate point about saying a thing, that's hearsay, and while hard to prove is provable. But as to the Hate Speech, that's not exactly correct.

Hate speech was at one point prohibitable, back in the 20's. Justice Oliver Wendell Holmes Jr., wrote explaining that it along with several other types of speech could be banned or otherwise restricted. Then the 1960s came and between Cohen v. California and Brandenburg v. Ohio, "Hate Speech" gained some modicum of protection. Brandenburg is actually uniquely on point here. It arose as a result of a Klan rally, Ohio tried to prosecute the Klan members, but the Supreme Court held, that even the Klan's speech was protected provided there was no active incitement. In other words, so long as the Speech does not advocate imminent lawlessness, (Clear and Present Danger) then generally you cannot restrict the speech as to content. Time, manner, and place, are different separate issues.

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