
So, the real question becomes: what is defined as "hate speech" and when can you prevent it? First we must understand the case law that brings us to this pivotal moment. Whitney v. California (274 U.S. 357) is the first case where government attempted to restrict speech in a sense. Anita Whitney was charged and convicted of a felony under the California Criminal Syndicalism Act of 1919, where she was a part of the Communist Labor Party (CLP) who was attempting to teach criminal syndicalism, assembling with, and being a member of the CLP, according to the charges. The Supreme Court upheld that the CCSA was constitutional, but refuted that the act itself could punish someone with no imminent danger perceived. In his majority Concurrent Opinion, Justice Brandeis wrote:
This Court has not yet fixed the standard by which to determine when a danger shall be deemed clear; how remote the danger may be and yet be deemed present, and what degree of evil shall be deemed sufficiently substantial to justify resort to abridgement of free speech and assembly as the means of protection. To reach sound conclusions on these matters, we must bear in mind why a State is, ordinarily, denied the power to prohibit dissemination of social, economic and political doctrine which a vast majority of its citizens believes to be false and fraught with evil consequence.

Now, you may rightly ask yourself, why does this matter? Well, in our current climate, we have the people who are protesting for the suppression of voice from a group that it believes to be harmful to society. While another group announces that it is only speaking out because it is a right, and that any speech, regardless of view, should be allowed to say it. Ultimately, we now come to whether or not censorship is acceptable for one, but not another. The real question of whether or not someone can speak out against a view, either vehemently or calmly, and not be censored? The only way to do this to apply the speech, from both views, under the Brandenburg Test.
I will add, that whether or not you agree, you cannot censor a view because you view it as "racist" or "fascist." These terms do not adhere to the Brandenburg Test
and cannot be silenced. Should you attempt to silence a view through force, it is against the law and should be punished--no matter who caused the harm from the force. If, a person does advocate for an action that is imminent, with intent, and has immediate likelihood, then that person or group should be arrested and charged for inciting violence and disruption.

Finally, free speech is protected. Hate speech, or speech that is different than your view is allowed, unless it aligns with the Brandenburg Test; then, and only then, can you push for silencing speech.
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