I largely agree with this and in the context of the extremely broad conception of free speech under the Constitution it is an important critique.
However, I think we also need to be thoughtful and careful in how we define hate speech. I am worried that as this idea becomes more popular, some valid and even important speech might get inappropriately labeled as hate speech. A current example is critiques of Israeli military violence being labeled as antisemitic. If we ban hate speech, will it be used to silence those who speak out against similar atrocities? How do we keep the concept of hate speech narrowly defined to the speech that is most likely to cause physical harm?
I largely agree with this and in the context of the extremely broad conception of free speech under the Constitution it is an important critique.
However, I think we also need to be thoughtful and careful in how we define hate speech. I am worried that as this idea becomes more popular, some valid and even important speech might get inappropriately labeled as hate speech. A current example is critiques of Israeli military violence being labeled as antisemitic. If we ban hate speech, will it be used to silence those who speak out against similar atrocities? How do we keep the concept of hate speech narrowly defined to the speech that is most likely to cause physical harm?