Why have lower courts struck down speech codes that ban hate speech?

Question

Quizplus · Accepted Answer

Lower courts have struck down speech codes that ban hate speech because they are not considered content neutral. Content-based restrictions on speech are subject to strict scrutiny, which requires the government to prove that the restriction is necessary to serve a compelling state interest and is narrowly tailored to achieve that interest. Hate speech codes are often deemed content-based because they regulate speech based on the viewpoint expressed.

Why Have Lower Courts Struck Down Speech Codes That Ban