Question
I was recently charged as a “disorderly person” after yelling out of my car window, “get off my lawn you fucking faggots,” as I passed people engaged in a protest.
Is what I said protected by the First Amendment?
Answer
Speech that insults someone because of race, gender or sexual orientation is understood in general parlance as “hate speech.” As a general matter, such “hate speech” is protected under the First Amendment—however, there are limited categories of speech that are not protected that might also be considered “hate speech.”
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