
“Hate speech” (speech that offends, threatens, or insults groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits) is protected in the US by the First Amendment.

In Schenck v. United States (1919), the Supreme Court invented the famous “clear and present danger” test to determine when a state could constitutionally limit an individual’s free speech rights under the First Amendment. The paraphrase “yelling fire in movie theatre” was a result of the unanimous opinion written by Justice Oliver Holmes.