In 1942 the SCOTUS ruled that hate speech is akin to fighting words. It is a category of expression that does not receive First Amendment protection. In its 1942 decision Chaplinsky v. New Hampshire, the Court wrote that fighting words are those that incite an immediate violent response. According to the Court, they “are no essential part of any exposition of ideas, and are of such slight social value as a step to the truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.”

ie: It is not legal to use your show (TV or Radio) to arouse people's violent, emotional impulses when it comes to sensitive issues,... like late term abortion.

Those that want to challenge this ruling will do so based on arguments that Speech Codes set up by colleges in an effort to subvert potential campus violence (Like codes banning neo-nazi rallies) have been struck down repeatedly in the 1980's and 90's.