Hate speech is a term with varied meaning and has no single, consistent definition. According to Cambridge Dictionary, hate speech is defined as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Similarly, the Encyclopedia of the American Constitution states that hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, color, national origin, sex, disability, religion, or sexual orientation". Hate speech can include incitement based on social class or political beliefs and target minority or majority groups. There is no single definition of what constitutes "hate" or "disparagement". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech, hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals based on their membership in the group, or that disparage or intimidate a group or individuals based on their membership in the group. The law may identify protected groups based on certain characteristics. In some countries, a victim of hate speech may seek redress under civil law, criminal law, or both. In the United States, what is usually labelled "hate speech" is constitutionally protected. Hate speech is generally accepted to be one of the prerequisites for mass atrocities such as genocide. Incitement to genocide is an extreme form of hate speech, and has been prosecuted in international courts such as the International Criminal Tribunal for Rwanda.
History Early hate speech laws were enacted in the 1820s in France and 1851 in Prussia.
Starting in the 1940s and 50s, various American civil rights groups responded to the atrocities of World War II by advocating for restrictions on hateful speech targeting groups based on race and religion. These organizations used group libel as a legal framework for describing hate speech and addressing its harm. In his discussion of the history of criminal libel, scholar Jeremy Waldron states that these laws helped "vindicate public order, not just by preempting violence, but by upholding against attack a shared sense of the basic elements of each person's status, dignity, and reputation as a citizen or member of society in good standing". A key legal victory for this view came in 1952 when group libel law was affirmed by the United States Supreme Court in Beauharnais v. Illinois. However, the group libel approach lost ground due to a rise in support for individual rights within civil rights movements during the 60s. Critiques of group defamation laws are not limited to defenders of individual rights. Some legal theorists, such as critical race theorist Richard Delgado, support legal limits on hate speech, but claim that defamation is too narrow a category to fully counter hate speech. Ultimately, Delgado advocates a legal strategy that would establish a specific section of tort law for responding to racist insults, citing the difficulty of receiving redress under the existing legal system.
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