Q&A: A look at how the federal law regards hate speech

"Advocates are certainly reporting to us an increased concern around incidents, threats and potential hate crimes that they're bringing to our attention," Vanita Gupta, the head of the Justice Department's Civil Rights Division, said in an interview with The Associated Press.

The signature hate crime statute — the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act — makes it illegal to physically harm someone based on their race, religion, national origin, gender or sexual orientation, among other characteristics.

[...] while the Constitution gives latitude to hate speech and offensive rhetoric, court decisions in the last century have carved out notable — though narrow — exceptions to free speech guarantees and authorized prosecution for language deemed to fall out of bounds.

A 1942 Supreme Court decision called Chaplinsky v. New Hampshire — which involved a Jehovah's Witness who cursed at a city marshal, calling him a "damned fascist" — articulated a "fighting words" doctrine that restricted insults intended to provoke an "immediate breach of the peace."

In Virginia v. Black, a seminal 2003 Supreme Court decision on cross-burning, Justice Sandra Day O'Connor described "true threats" as statements in which "the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals."

Since Sept. 11, 2001, the attorney general said, the Justice Department has headed more than 1,000 investigations into acts of "anti-Muslim hatred" and bigoted behavior, leading to more than 45 prosecutions — including of a New York man who e-mailed death threats to an employee at the Council on American-Islamic Relations, and of a Texas man convicted in 2013 of threatening to bomb an Islamic center in Murfreesboro, Tennessee.