The New York State Senate, for example, recently passed a bill that would prohibit from receiving public funds “student organizations that participate in hate speech, including advocating for the boycott, divestment and sanctions of Israel and American allied nations.” Meanwhile, Congress (with support from many Democrats) has been trying to criminalize the movement for years.

If people engaged in a boycott can be silenced, even criminalized, for discriminating against the group they accuse of discrimination, we begin to see how problematic it is to punish “hate” speech. It can devolve into the politics of choosing sides, and that is usually bad news for people who lack political clout to begin with.

Black Lives Matter would know. A movement formed in response to police violence against African-Americans, it has been accused by law enforcement officials, and even some state legislators, of being a hate group, despite the fact that it renounces violence and welcomes allies from all walks of life.

By accusing Black Lives Matter of peddling hate, politicians effectively turned the tables on the movement, allowing lawmakers, in some cases, to strengthen protections for the police. Since 2016, several “Blue Lives Matter” bills have been enacted across the country, many of which seek to add police as a protected class covered by hate crimes laws. Following this logic, Black Lives Matter’s opposition to police brutality is a kind of hate itself, from which the police require additional protection. Yet killings by police officers are increasing while line-of-duty deaths of police officers are decreasing.

It is difficult to imagine a more ridiculous outcome. But it speaks to one of the most serious perils of limiting speech: a measure to protect minority perspectives can instead be used to further marginalize them.

Despite this, a significant number of young Americans, especially young Americans of color, believe that hate speech should be limited by the government or on college campuses. In addition, some scholars have recently argued for legal restrictions on hate speech.