Who then would determine what constitutes hate speech? Just because one doesn't agree with the views, or even finds them offensive, doesn't mean they should be banned. Hate speech should be protected, assuming it doesn't specifically incite physical violence, which is generally how the SCOTUS has ruled. Echoing the words of Voltaire: "I may not agree with what you say; but I will defend till my death your right to say it." Don't like what Phelps or anyone else says - don't listen and certainly don't give him media attention. If no outlets reported him, he'd quickly dissipate.