By Wanjiru Njoya
Mises.org
January 28, 2026
What is the difference between "hate speech" and a "hate crime" ? You might think this is a trick question because the First Amendment protects free speech, including hate speech, which means that hate speech is not a crime. However, having realized that there is no easy way round the First Amendment protection of free speech, civil rights activists have resorted to depicting hate speech as "disorderly conduct" or "harassment," in order to campaign for criminal charges to be brought against people who utter any words that, in their interpretation, amount to hate speech.