This is an oversimplification of this issue....going to play Devil's Advocate here.
According to the US Constitution, hate speech is definitely NOT included in "free speech".
According to objective reality, yes, hate speech is included in free speech
BUT
hate-politics-driven people who scream about "fReE sPeeCh!!!!" mean freedom from consequences, and you are objectively never free of consequences for hate speech.
That's because while right now there are people that actively fight fir the dignity of human beings, we don't have a totally equitable, all-pervasive consequence system.
We have an antiConstitutional insurrectionist running for POTUS. Equitable justice demands imprisonment, death penalty etc. but it's not done.
People can literally say what they want, but consequences are either in place or not equitably given out.
What I'm saying is that fascists will run rings around people with the "free speech" idea. They don't want *consequences*. They all are very well aware of the legal vs. absolute definition. Michael Cohen this morning made it clear their whole existence is dodging *consequences.*
We need to steer the convo to consequences. Some consequences are in case law and some are social, and ALL punitive consequences are good for hate speech.
Their message basically amounts to "We are free to do anything we want but you are not."