What is the most likely reason for lower courts to have determined that hate speech is protected by the First Amendment?

Question

Quizplus · Accepted Answer

Lower courts have determined that hate speech is protected by the First Amendment because what is seen as offensive is subjective and cannot possibly be controlled. The First Amendment protects all forms of speech, including speech that may be offensive to some individuals or groups. It is up to the individual to decide what they find offensive or not, and the government cannot restrict speech based on individual preferences.

What Is the Most Likely Reason for Lower Courts to Have