Untangling the Web of Hate: Are Online “Hate Sites” Deserving of First Amendment Protection?
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Untangling the Web of Hate: Are Online “Hate Sites” Deserving of ...

Chapter 1:  Introduction
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If any hate sites were to pose such a significant threat to American society as to warrant their restriction, it would seem to be those maintained by U.S.-based hate groups. For one, U.S.-based hate groups have a greater likelihood of attracting American recruits than do hate groups residing in countries outside the United States. Moreover, unlike hate groups operating outside the United States, U.S.-based hate groups have the easiest physical access to American citizens, institutions, and territories should they ever feel compelled to commit any acts of violence or terrorism. While the September 11, 2001, terrorist attacks (9/11) understandably caused many in the United States to focus on the threat posed by non-Americans set on harming Americans, American society must not ignore the potential threat posed by some of its citizens within its borders.

In response to the lack of analyses of the content of U.S.-based hate sites, this study combined legal analysis with a qualitative content analysis of a sample of Web sites maintained by U.S.-based hate groups. Specifically, this study traced the historical development of the First Amendment to establish the current standards used for determining the constitutionality of both hate speech and Internet content, then examined a sample of hate Web sites to establish whether they contained constitutionally proscribable content under those standards.