ABSTRACT

Most democratic regimes and international organisations place regulations on hate speech in order to best safeguard their liberal democratic ideals and mores. Historically, hate speech has been a dangerous tool used as propaganda to galvanise hatred against minority communities including in Germany (antisemitism), America (racism towards Blacks and Native Americans), Mauritanian (racism towards Blacks) and Rwanda (racism against Tutsis). However, the United States, while facing an uptick in hate crimes, remains an outlier in its failure to regulate hate speech. American jurisprudence, following the precedent of broadly interpreting the freedom of expression, fails to recognize the many historical examples of hate groups adopting insendiary speech to spark violence.