• Deello@lemm.ee
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    10 months ago

    Calling someone the N word (hate speech) won’t get you arrested.

    Calling someone the N word while you attack them (hate crime) will.

    Under this context, yes you would be prosecuted for “hate speech” because the criminal activity here is the speech itself. Under any other circumstances you would be allowed to say whatever you like. There are always consequences to your actions, they’re just not always criminal consequences.

    • Steve@startrek.website
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      10 months ago

      Calling someone the nword is almost always going to make them feel unsafe, which makes it an assault, am I right?

      • urist@lemmy.blahaj.zone
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        10 months ago

        Making someone feel unsafe is not assault. Words can compel people to act but they themselves are responsible for their actions.

        That being said, there is a concept of fighting words in the USA. Scroll down to the section titled Post-Chaplinsky, there’s information about the courts’ rulings applying to personal insults.

        Honestly I need to take time to read this wikipedia article a little more thoroughly but I’m on my way out the door. I am not a lawyer I just find law interesting.