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Freedom of speech vs. Hate speech: Where do you draw the line?

The First Amendment guarantees the right to free speech, but where do we draw the line? This complex issue intersects with hate speech, prompting discussions about legal protections and limitations.

What constitutes hate speech?

No specific law defines “hate speech” under New Mexico law. However, the state protects people from discrimination based on race, religion, age, national origin, physical or mental disability, ancestry,  sex or sexual orientation, gender identity, or spousal affiliation. These protections also consider jobs, housing and public places.

The First Amendment allows people to express even offensive or hateful ideas. However, New Mexico’s law does not allow discrimination. If someone harasses, threatens, or commits violence because of bias against these protected characteristics, the law does not protect that behavior.

What are discriminations against me?

The New Mexico Human Rights Act (NMHRA) protects people from discrimination based on certain characteristics. If you face harassment or discrimination, you can file a complaint with the bureau. They handle cases of unlawful discrimination, such as:

  • Harassment includes verbal or physical actions that create a hostile environment based on protected characteristics.
  • Employment discrimination involves unfair hiring, firing, promotion, or pay treatment because of protected characteristics.
  • Housing discrimination: Landlords cannot refuse to rent or sell property, impose different terms, or harass tenants based on protected characteristics.

Dealing with legal issues related to hate speech and discrimination can be challenging. It is important to understand the relevant laws and past court decisions. Talking to an attorney can help you make sense of your situation and explore your legal options. They can explain the laws about free speech, hate speech and discrimination in New Mexico. A legal representative will advocate for your rights and guide you through the process.