Freedom of speech jurisprudence in the United States and Germany is strikingly similar despite resulting in opposing views on the government’s ability to regulate and curtail white supremacist, Nazi-related, and extreme right-wing hate speech on the internet and social media. Recently, however, the Supreme Court has begun to open the door to the possibility of regulation when the speech constitutes a true threat. While still a higher standard to prove than that of Germany, it is now within Congress’s purview to regulate white supremacist, Nazi-related, and extreme right-wing hate speech as these ideologies proliferate and continue to hurt both citizens of the United States and people around the world.
Not Your Father's Marketplace of Ideas: Hate Speech and the Fraudulent Marketplace of Ideas Created by Social Media,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol34/iss1/4