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Hate Speech or Protected First Amendment Speech?

Should Ed Gillespie denounce this as hate speech?

The Rev. Fred Phelps wants his message on homosexuality ever-present in Topeka's Gage Park and memorialized on a park bench. Phelps sent Rogers Brazier, director of Parks and Recreation of Topeka, a $250 check and the memorial message he wants on the park bench. He wants it to read: "Matt Shepard in Hell. He Defied God's Law." He called the right to have a memorial park bench a "preaching opportunity."

Would John Ashcroft consider it protected speech under the First Amendment?

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