Bloomberg Law Hate Speech Is Free Speech
Sep 23, 2025
Timothy Zick, a First Amendment law professor at William & Mary, discusses the intricate legal framework surrounding hate speech and its protection under U.S. law. He delves into landmark cases and the exceptions that exist. Meanwhile, Collin Walke, a cybersecurity expert at Hall Estill, outlines the controversial lawsuits where parents are suing AI chatbots for allegedly contributing to their children's suicides. They explore liability, parental responsibilities, and the complexities of proving negligence in this digital age.
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Hate Speech Lacks A Legal Category
- U.S. law has no formal category of "hate speech" and generally protects offensive viewpoints under the First Amendment.
- Only narrow exceptions like true threats or incitement to imminent lawless action fall outside protection.
True Threats Require Recklessness
- True threats require a serious expression of intent to harm and a culpable mental state like recklessness.
- The Supreme Court in Counterman balanced protection against overcriminalizing speech with preventing real threats.
Know Your Employment Speech Risks
- Private employers can generally fire employees for speech, so private speakers should expect little First Amendment protection at work.
- Public employees must show speech addresses public concern and courts will balance it against workplace disruption.