In 2023, more than 67 million international visitors entered the United States, according to the National Travel and Tourism Office. As global travel continues to increase, so do public incidents involving racist or offensive remarks by foreign tourists.
This raises a legal question: Can you press charges against a tourist for using racist language in the U.S.?
To address this, it is important to distinguish between hate speech and hate crimes. Hate speech refers to expressions that insult, degrade, or attack individuals based on characteristics such as race, religion, or nationality. According to the U.S. Department of Justice, hate speech on its own is generally protected under the First Amendment unless it involves threats, incitement to imminent violence, or harassment.
What Does U.S. Law Say About Hate Speech?
The First Amendment to the U.S. Constitution protects freedom of speech, including speech that is offensive or hateful. This protection applies to everyone in the United States, including foreign tourists.
U.S. law does not contain a statutory definition of “hate speech.” Courts have ruled that the government cannot restrict speech based on its content, even if the speech is widely considered offensive. In R.A.V. v. City of St. Paul (1992), the Supreme Court struck down a city ordinance that prohibited certain racist symbols, holding that it discriminated by viewpoint.
Only a few categories of speech fall outside First Amendment protection. These include true threats, incitement to imminent unlawful action, fighting words, and certain forms of harassment. Each has a narrow legal definition and is examined separately in later sections.
When Speech Becomes a Crime: Threats, Harassment, and Hate Crimes
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While the First Amendment protects offensive speech, certain types of racist language cross into criminal territory. In these cases, the law allows for prosecution regardless of the speaker’s citizenship or immigration status.
True Threats
A statement becomes a true threat when it communicates a serious expression of intent to commit violence against an individual or group. According to the U.S. Supreme Court in Virginia v. Black, true threats are not protected speech and may be prosecuted under both state and federal law.
The threat must be more than offensive or exaggerated language. It must convey a credible risk of harm, either directly or through surrounding context.
Incitement to Imminent Lawless Action
Speech that encourages immediate unlawful behavior is not protected. In Brandenburg v. Ohio, the Supreme Court ruled that speech loses First Amendment protection if it is intended to incite and likely to produce imminent illegal activity.
General statements of hate or advocacy of violence in the abstract are not enough. The incitement must call for direct, immediate action.
Fighting Words
Although rarely prosecuted today, “fighting words” are another category of unprotected speech. In Chaplinsky v. New Hampshire, the Court defined them as personally abusive remarks that are likely to provoke a violent reaction when directed at a specific individual.
States may have statutes criminalizing this kind of speech, but enforcement is inconsistent and courts often interpret the category narrowly.
Harassment and Stalking
Racist language may also constitute criminal harassment if it is repeated, targeted, and causes fear or emotional distress. Many states define harassment as conduct that serves no legitimate purpose and is intended to alarm or seriously annoy another person.
Some jurisdictions include hate-motivated harassment in their statutes. For example, New York Penal Law § 240.30 makes it a crime to communicate threats or abusive language with the intent to harass and includes higher penalties for hate-motivated incidents (source).
Hate Crimes
When a criminal act is committed and motivated by racial or ethnic bias, it may be charged as a hate crime. Hate crime statutes vary by state but often apply to acts like assault, vandalism, threats, or property damage.
At the federal level, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act allows for prosecution when someone causes or attempts to cause bodily injury based on race, color, religion, or national origin.
Speech alone does not qualify as a hate crime. It must be tied to a separate criminal act.
Does It Matter If the Speaker Is a Tourist or Foreign National?
Yes. If a tourist or foreign national uses racist language that crosses into criminal conduct, they may face legal consequences under U.S. law. However, enforcement and follow-through depend on multiple factors, including immigration status, cooperation from federal agencies, and whether the individual remains in the United States.
While most speech is protected, if a tourist commits a chargeable offense such as threats, harassment, or assault, local law enforcement can investigate and pursue charges. If the individual is arrested and convicted, their immigration status may be affected.
According to the U.S. Citizenship and Immigration Services (USCIS), non-citizens may be found inadmissible or deportable based on criminal activity. Crimes involving moral turpitude, controlled substances, or multiple convictions are among the categories that can lead to removal or bar re-entry into the United States.
If a tourist leaves the country before charges are filed, prosecution becomes more difficult. Law enforcement agencies rarely seek extradition for minor offenses. Unless the tourist is detained at the time of the incident, legal options may be limited once they depart.
Can You Sue Instead of Pressing Charges?
If racist language by a tourist does not meet the threshold for criminal prosecution, you may consider filing a civil lawsuit. Civil claims offer an alternative path to seek accountability, but the process is limited by jurisdiction, evidence, and the practicality of suing a foreign visitor.
Civil Claims Based on Conduct
In some cases, racist or abusive language may support civil claims such as:
- Intentional infliction of emotional distress
- Defamation, if false statements harm your reputation
- Assault, if the conduct caused fear of imminent harm
- Trespass or harassment, in certain private or commercial settings
To succeed, you must show that the tourist’s conduct caused harm and was not protected by the First Amendment. Courts apply a high bar in emotional distress cases, requiring the conduct to be “extreme and outrageous.”
Jurisdictional Barriers
Suing a tourist is legally possible but rarely practical. Courts need personal jurisdiction over the defendant. If the tourist has already left the United States, the court may dismiss the case unless they return or have assets in the U.S.
According to the American Bar Association, U.S. courts may decline to hear cases involving foreign defendants who have no ongoing presence or contacts in the jurisdiction.
Enforcement Issues
Even if you win a judgment, collecting damages may be difficult. Enforcement across borders requires legal assistance in the tourist’s home country and may involve costly proceedings. For these reasons, civil suits are rare unless the incident involved a well-documented harm and the tourist has business or legal ties to the United States.
Why Legal Interpretation Matters in Hate Speech Cases
When a tourist is involved in a legal matter, language access becomes critical. Whether it is a police report, a court proceeding, or a witness statement, accuracy in translation can directly affect the outcome of a case. Misinterpretation may lead to wrongful charges being dismissed or valid claims being undermined.
According to the U.S. Department of Justice, Title VI of the Civil Rights Act requires law enforcement and courts to provide meaningful access to individuals with limited English proficiency in any federally funded program.
Racist incidents involving tourists often cross language barriers. Victims may be unable to clearly explain what was said, and suspects may claim misunderstanding or misinterpretation. In these cases, qualified legal interpreters are necessary to ensure that rights are protected and facts are accurately presented.
This is where professional services such as Elmura Linguistics play a key role. Legal interpreting requires specialized training to navigate not only linguistic differences but also cultural nuance and legal terminology. Without this, courts may not fully understand the context or severity of what occurred.
Poor interpretation or reliance on untrained interpreters can result in procedural errors, mistrials, or unfair outcomes. For victims seeking justice or defendants facing accusations, legal interpretation is not optional, it is essential.
What to Do if You Witness or Experience Racist Language
If you experience or witness racist language in the U.S., your options depend on whether the incident qualifies as a crime. If the speech involves threats, stalking, or harassment, report it to local police. If it does not rise to that level, you may still document and report the incident.
Report to Authorities
- Call 911 if there is an immediate threat.
- File a police report at your local station if the incident involved criminal behavior.
- Provide evidence such as recordings, photos, or witness names.
Use Hate Crime Support Services
Several nonprofit organizations provide support, even if you do not report to the police. These groups offer help with documentation, legal referrals, and emotional support. Examples include:
- Southern Poverty Law Center: org
- Asian Americans Advancing Justice: advancingjustice-aajc.org
Report Online or Public Incidents
If the incident occurred in a public space, on social media, or in a business, consider filing a complaint with:
- The business or venue
- Social media platforms (if relevant)
- Local civil rights organizations
While not every act of racism is criminal, reporting builds public records and can help establish patterns of abuse.
What the Law Can’t Do – and What You Can
The law does not punish offensive speech unless it meets specific legal criteria. Racist comments, however cruel or harmful, are usually not criminal. This is a limit of U.S. law, not an endorsement of the behavior.
Even when a report is filed, police may decline to act if the speech is protected. Prosecutors are also unlikely to pursue charges without strong evidence or a clear legal violation.
Legal limitations do not prevent personal or social accountability. You can:
- Publicly document the incident if it is lawful and safe to do so
- Report the behavior to the tourist’s embassy or consulate
- Inform the business, hotel, or airline associated with the person
- Share facts with civil rights organizations or advocacy groups
Calling out racism, even without legal consequences, helps others recognize and respond to it. Law is only one tool. Social pressure and public response often move faster than the courts.
Conclusion: Know Your Rights, Use Your Voice
Racist language from tourists may be offensive, but it is not always illegal. U.S. law protects most speech, even when hateful, unless it crosses into threats, incitement, or harassment.
If you face or witness such incidents, know the limits of the law and what actions you can take. You may not be able to press charges, but you can report, document, and seek support.
Understanding your rights is the first step. Taking action – legal, civil, or social – is the next.
