Hate Advocacy: The First Amendment and Lone Wolf Abstract Advocacy

Gregory W. Brown, Wake Forest University School of Law

Abstract

In the wake of hate groups being crippled by civil conspiracy and aiding and abetting lawsuits, many have turned to a new method of effectuating their hate. Hate advocacy, as laid out in this essay, is a form of expression in which the speaker/writer, 1) advocates hate and violence, 2) does not direct it at a particular hearer/reader, 3) does specify a particular victim, but rather a group or groups of potential victims, and 4) can forms resembling generally protected speech. This form of speech has been recognized as a contributing factor in a number of acts of violence, including the Oklahoma City Bombing. Hate advocacy has become popular among hate groups in America because it falls just outside the requirements of censorship for both hate speech and criminally instructive speech. Because of the danger it poses to society, the American First Amendment jurisprudence needs to be altered to include an exception from protection for hate advocating speech. A narrow and effective exception can and should be crafted, taking into account the distinguishing characteristics of hate advocacy, that will censor no more speech than necessary, and make the United States a safer place for people of all races, genders, religions, sexual orientations, and political persuasions.