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美国仇恨言论规制的司法技艺除深受其言论自由的传统司法理论影响外,司法实践中也逐渐发展出处理仇恨言论问题所独有的原则和标准。综合而言,美国仇恨言论法律规制的司法技艺包括基础技艺、借用性技艺和特有技艺三种。基础技艺主要是双轨理论和双阶理论;借用性技艺主要是美国法院借用审判诽谤言论、挑衅言论和煽动违法言论的相关理论;特有技艺主要包括过于广泛原则和过于模糊原则。
In addition to being influenced by the traditional judicial theory of freedom of speech, the judicial skills of hate speech regulation in the United States have also gradually developed unique principles and standards for handling hate speech issues in judicial practice. To sum up, the judicial skills regulated by the law of hate speech in the United States include three basic skills, borrowing skills and unique skills. Basic skills are mainly double-track theory and double-order theory. Borrowing skills mainly refer to the theories borrowed by U.S. courts for defaming speech, provoking speech and inciting unlawful speech. Specific techniques mainly include over-extensive principles and ambiguous principles.