Two Tiers of Speech
(Dee Speaking)

 
 
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The courts have recognized two tiers of speech, but it is not at all clear that we can put racist speech or hate speech on the second tier for the reasons you suggest.

In a number of cases, the Supreme Court has said clearly that speech does not lose protection simply because it lacks intellectual content. Protection is not limited to the exposition of ideas. The First Amendment also protects highly emotional speech.

Reference: Nadine Strossen makes a similar point in her article "Regulating Racist Speech on Campus: A Modest Proposal?" in Speaking of Race, Speaking of Sex. Strossen refers to Terminiello v. Chicago and Cohen v. California.
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