Hate speech is still speech.
America's FREEDUMS have been slowly eroded in the last half century. Especially the Bill of rights.
1st - OWS crackdowns, "terroristic threats",
2nd - AWB, gun control
3rd - maybe still intact
4th - Has been raped unmercifully - NSA, PATRIOT act, TSA, DHS, stop and frisk, etc.
5th - Tsarnaev
and a lot more