ABSTRACT
Hate-speech laws are highly controversial because the diverse nature of the United States often produces sharp divisions among different groups, sometimes resulting in highly offensive and hateful speech. The Court emphasized that the First Amendment was intended to protect speech even if the ideas it contained would be offensive to most listeners. The ordinance also banned offensive symbols such as swastikas and burning crosses only when used by the proponents of racial and religious hatred. The ordinance was unconstitutional because the symbols and offensive speech that were banned were based on the viewpoint of the speaker; therefore the law violated a long-standing First Amendment speech principle-that the government cannot limit speech based on content of the speech. The Court has also permitted states to punish crimes motivated by racial hatred more harshly than other crimes.
