Kevin Lewis opines;
""Free expression" is against the law if it attacks racial/ethnic/marginalized groups or individuals."
Apparently the United States Supreme Court disagrees with Kevin Lewis.
From: Wikipedia: Wikipedia: Hate Speech Laws by Country
"The United States does not have hate speech laws, since the U.S. Supreme Court has repeatedly ruled that laws criminalizing hate speech violate the guarantee to freedom of speech contained in the First Amendment to the U.S. Constitution. There are several categories of speech that are not protected by the First Amendment, such as speech that calls for imminent violence upon a person or group. However, the Supreme Court has ruled that hate speech that does not fall into one of these categories is constitutionally protected."
What a Great Country ! ! !
Kevin isn't wrong because hate speech is unlawful in a lot of circumstances. In the context of employment, it is unlawful to simply talk about an employee or co-worker's perceived traits because of their racial, ethnic, gender or sexual preference. It doesn't even have to rise to hate speech. Simply stereotyping would fall under this. It creates what is called a discriminatory environment and is actionable in civil court. Many companies end up paying out big settlements/judgments for this sort of thing.
It can also be illegal in a criminal context if the speech was meant to intimidate or threaten someone. In the context an assault or other crime that causes some type of injury or an attempted injury, the perp would likely be charged with a hate crime. So, the speech itself in a vacuum is legal but put in the context of employment, the educational system, public accommodations or used in conjunction with other criminal activity or harassment is indeed illegal.