ABSTRACT
Faced with the prospect of a less sympathetic judiciary and a more nuanced First Amendment, some of those who defend hate speech, such as the American Civil Liberties Union, have been arguing that, even if that form of speech could be regulated, that would be a bad idea. Many non-European countries, such as India and South Africa, which share a history of ethnic strife, have enacted measures similar to those found in Europe. The South African Constitution, for example, provides for freedom of expression but specifically excludes hate speech. While the press and media in the other countries seem no less free than their US counterparts, they are more selective. The experience of other countries, then, does not bear out the fear some have expressed that placing limits on hate speech will weaken society’s commitment to robust discussion of public issues.
