We must remember that free speech is a principle which states that people may speak in any way without facing existential consequences or criminalisation. This clearly implies that, even if an expression is defined as ‘hate speech’, it is irrelevant, and all types of speech should be permitted. Many countries, including Germany, restrict hate speech, including the promotion of fascism. By doing this, Germany no longer respects freedom of speech in its entirety.
Therefore, there is simply no way to ban ‘hate speech’ without trampling on the rights of the people.
In the United States, the First Amendment clearly states that Congress cannot make a law that prohibits the freedom of speech for American citizens. Contrary to a common misconception, expression that may be identified as ‘hate speech’ is protected by the First Amendment, and cannot be legally censored by the United States government - including by Universities and colleges.
Furthermore, the Supreme Court has constantly rejected government attempts to prohibit ‘hate speech’. Instead, the Court has identified a guarantee of “Freedom for the thought that we hate” as Justice Wendell Holmes described the concept in a 1929 dissent.
Therefore, if the Supreme Court believes that hate speech is free speech, then hate speech should still be legal.
If there are calls to ban this form of expression, then those same people are intending to limit a fundamental human right. The United States has taken the correct approach to hate speech, but countries intending to ban it, have not.