Sujit Choudhry is a renowned constitutional expert and law professor. Choudhry has participated in the constitution making process of many countries such as Libya, Egypt, and Nepal, among others. Choudhry is also a teacher of law at the University of California. Choudhry has also made many publications on matters constitution and has never shied away from addressing controversial constitutional issues.
Sujit Choudhry, in one of his article in the medium accounts, asks the questions when does free speech becomes hate speech where is the line drawn. Choudhry question comes after a controversial protest rally that raises interesting first amendments issues was held in Washington DC. The protest that was dubbed Unite the Right was in commemoration of the previous year Charlottesville rally that was held to protest the removal of the controversial Robert E. Lee Statue. During the protest, a counter-protester was killed by a protester who plowed his car into the crowd.
The protest that was supposed to be peaceful became violent as protesters and counter-protesters came at each other, prompting the security agencies to intervene. The involvement of security agencies led to the spending of more than 2 million dollars by the District of Columbia, an amount that will have to be paid by the taxpayer.
In situations where violence and counter-protests mar protests, the question is, where do we draw the line between hate speech and a demonstration that is protected by the law asks Sujit Choudhry. The constitution allows for peaceful protest and guarantees freedom of speech. However, many at times, these rights are abused, and it becomes difficult to prosecute such cases. The Supreme Court has tried to address some of these issues in its rulings, but still, there is no clarity in their decisions that conclusively addresses the first amendment issues.
According to the Supreme Court decisions that have been witnessed in a number of cases such as the case between Schenk V United States and Chaplinsky v New Hampshire among others, the freedom of speech and association can be limited when one becomes lewd, obscene, profane libelous or his or her speech or actions inflicts injury or incite an immediate breach of peace says, Sujit Choudhry.
Find out more on Sujit Choudhry here https://en.wikiquote.org/wiki/Sujit_Choudhry