仇恨言论法律规制的美国进路除深受其有关言论自由的传统司法理论影响外,司法实践中也逐渐发展出处理仇恨言论问题所独有的原则和标准。综合而言,美国仇恨言论法律规制的司法理论包括基础理论、借用性理论和特有理论三种。基础理论主要是双轨理论和双阶理论;借用性理论主要是美国法院借用审判诽谤言论、挑衅言论和煽动违法言论的相关理论;特有理论主要包括过于广泛原则和过于模糊原则。 In addition to being deeply influenced by the traditional judicial theory on freedom of speech, the American approach to the legal regulation of hate speech has gradually developed its own unique principles and standards in handling hate speech. To sum up, the judicial theory of legal regulation of hate speech in the United States includes three basic theories, borrowing theories and unique theories. The basic theory is mainly two-track theory and two-order theory. The borrowing theory is mainly related to the theory that the U.S. courts borrow trial defamatory statements, provocative statements and incite illegal statements. The unique theories mainly include the over-extensive principle and the too-fuzzy principle.