Does the U.S. Believe Hate Speech is Protected Under International Law?

Anne Bayefsky of the Hudson Institute suggests that the U.S. is endorsing a less than robust view of the right to free expression in a recent Human Rights Council resolution sponsored by the U.S. (along with Egypt).  The resolution does appear to give an unusual amount of lip service to the combatting racism and discrimination (given its topic), but it seems pretty anodyne and harmless to me. Based on my reading, it doesn’t seem to depart too much (if at all) from current U.S. First Amendment law on free speech with its emphasis on the ability to restrict incitement to violence.  But someone more knowledgeable about this can correct me.  And it is ominous that folks are reading the resolution to endorse the “defamation against religion” cases that are big in Europe.

I sense the U.S. is basically looking for something non-controversial to say that would allow it to look like it was doing something positive at the Human Rights Council meeting (without actually doing anything substantive). I hope it succeeded.