Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Apr 15, 2026 8:09 AM

“I disapprove of what you say, but I will defend to the death your right to say it.”

That line was written in 1906 by Evelyn Beatrice Hall to describe Voltaire’s attitude towards a fellow rival French philosopher. For the next hundred years that line was often quoted to express a particularly American ideal of toleration and the importance of free speech.

But something changed over the past few decades. Certain offensive speech has been deemed not only utterly indefensible, but excludable from First Amendment protections. A prime example was found on Twitter a few days ago when Chris Cuomo, a CNN anchor, law school graduate, and son of the New York governor, wrote that “hate speech is excluded from protection.”

That claim, of course, is nonsense. As legal scholar Eugene Volokh says, “Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn Islam — or Muslims, or Jews, or blacks, or whites, or illegal aliens, or native-born citizens — as one is to condemn capitalism or Socialism or Democrats or Republicans.”

There are forms of unprotected speech, Volokh notes, but it has nothing to do with “hate speech”:

The same is true of the other narrow exceptions, such as for true threats of illegal conduct or incitement intended to and likely to produce imminent illegal conduct (i.e., illegal conduct in the next few hours or maybe days, as opposed to some illegal conduct some time in the future). Indeed, threatening to kill someone because he’s black (or white), or intentionally inciting someone to a likely and immediate attack on someone because he’s Muslim (or Christian or Jewish), can be made a crime. But this isn’t because it’s “hate speech”; it’s because it’s illegal to make true threats and incite imminent crimes against anyone and for any reason, for instance because they are police officers or capitalists or just someone who is sleeping with the speaker’s ex-girlfriend.

Read more . . .

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
‘Unbreakable Men:’ Wounded Soldiers Take On A New Enemy
It takes a special person to serve in the military. It takes a special person e to terms with and e profound injuries caused in the line of duty. It takes a special person to track down child pornographers. It takes unbreakable men. Aptly dubbed “HERO,” the Human Exploitation Rescue Operative is being developed by U.S. Immigration and Customs Enforcement, Homeland Security Investigations and U.S. Special Operations Command in conjunction with the National Association to Protect Children.The idea grew out...
Wounding Work: Creative Service as Cross Bearing
In recent years, we’ve seen a renewed focus on the deeper value, meaning, and significance of our daily work, particularly across the realm of evangelicalism. Yet as easy as it may be for some to alter old attitudes and begin appreciating the gift of creative service, it can be extremely difficult for others —and often for good reason. Indeed, until the last few centuries, the bulk of humanity was confined to activities that, while often fruitful, meaningful, and God-glorifying in...
Why Lawmakers Should Read and Understand the Laws They Make
“I’m still floored that it’s controversial or debatable to say that politicians should read and understand bills before voting them into law.” That quote, from a tweet by Washington Post writer Radley Balko, might provoke sympathetic nods of agreement or sneers of derision from Americans familiar with D.C. politics. But sadly, he’s right. It iscontroversial—and has been for at least a decade. In fact, you are more likely to hear people make the argument that theyshouldn’t waste their timereading the...
Faith and the Free Market Expelled from Iraq’s Garden of Eden
As reported by the Wall Street Journal, Iraq’s largest oil refinery for domestic use has been overtaken by the Islamic State of Iraq and Syria (ISIS), the radical jihadi terrorist group aiming to establish an Islamic caliphate in these two nations. As Iraq’s most lucrative resource is now siphoned off by a radical organization, the global oil market risks destabilization while financially empowering ISIS. Economic stability facilitates greater religious freedom – establishing an ISIS controlled government as detrimental to Iraq’s...
Workplace Surveillance: Legal and Moral Concerns
As surveillance technology continues to cost less, we live in a world in which our activities are being increasingly monitored. And it’s not just the NSA doing it–even employers are utilizing surveillance technology in the workplace. The basis for this surveillance has been to catch employees abusing work time (e.g. scrolling through Facebook posts), to protect against sexual harassment and discrimination lawsuits, and to discover if pany secrets are being leaked. It also helps deter workers from breaking the rules...
Why Liberals Should Support the Hobby Lobby Decision
When the Supreme Court ruled on the Hobby Lobby case, the near universal reaction by liberals was that it was a travesty of epic proportion. But as self-professed liberal law professor Brett McDonnell argues, the left should embrace the Hobby Lobby decision since it supports liberal values: The first question was: Can for-profit corporations invoke religious liberty rights under RFRA? The court answered yes. HBO’s John Oliver nicely expressed the automatic liberal riposte, parodying the idea that corporations are people....
Get a Free Rental of ‘The Economy of Order’
For the Life of the World: Letters to the Exilesisa 7-part series from the Acton Institute that seeks to examine the bigger picture of Christianity’s role in culture, society, and the world. Each Monday until August 18 The Gospel Coalition (TGC) ishighlighting one episode and sharing an exclusive codefor for a free 72-hour rental of the full episode. Here’s the trailer for episode 4,The Economy of Order. Visit TGC to get thecode for the free rental(you have to apply the...
What You Should Know About Paul Ryan’s Anti-Poverty Plan
Social mobility is a “key tenet of the American Dream” yet relative upward mobility has been stagnant, says Rep. Paul Ryan in his new 73-page proposal for reforming federal anti-poverty programs. Ryan acknowledges that there are many individual and social factors that affect upward mobility (e.g., family structure) but adds that “public policy is still a factor, and government has a role to play in providing a safety net and expanding opportunity for all.” Expanding Opportunity in Americaincludes mendations for...
First Amendment Is For Conservatives, Too
The First Amendment (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”) is for all Americans. I know that seems obvious, but the folks at Salon seem to need a reminder. Jenny Kutner has taken offense to a group of Catholic women expressing their...
The Church Needs To Stop Taking Government Money
Voices what should be obvious: that by taking federal money and grants, the Catholic Church has put herself in a very awkward place. Money from the government es with strings attached, and those strings have tied the hands of too many Catholics. Earlier this week, President Obama handed down an executive order that requires the cutting off of government funds from “any organizations that discriminate against homosexual or ‘transgendered’ persons. This executive order is not aimed solely at the Catholic...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved