Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Jun 22, 2026 3:05 PM

“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
A Worthy Definition of Freedom
Here’s a definition of freedom worth noting: The Word of God teaches that the Christian is a free man and should “stand in the freedom which Christ has made him free.” What is meant by Christian freedom? What is freedom in general? We answer: it is not the right and the ability to do as one pleases, but the ability to move without constraint in the sphere for which God made us. Freedom therefore is not inconsistent with limitation and...
Acton Media Alert
Heads up: Acton Research Fellow Anthony Bradley will be making an appearance today on NPR’s News and Notes program. Braodcast times may vary, so check your local NPR affiliate’s schedule to see if you can catch the show. If you miss it, you can check the show archives right here. Update: Here’s the audio (3 mb mp3 file). Update II: Rome office director Kishore mented on the S-CHIP issue for Vatican Radio today; listen by clicking here (230 kb mp3...
2007 Honor Roll: Reactions Buzzing
Since the 2007 Catholic High School Honor Roll was released, reactions have been buzzing. We’ve been consistently floored by the Honor Roll’s impact. Here’s some highlights: • Huge Roar: “When we announced the award to our students yesterday, a huge roar of spontaneous cheering filled the building. What a glorious day!” Margaret Miller, Holy Cross Academy – Oneida, NY. 4-time honoree. Enrollment Impact: “The Honor Roll is really making an impact for us. This year we have had already over...
Baxter on the Provision of Affluent Estates
Regarding John Armstrong’s insightful post yesterday, I want to pass along some related wisdom on the subject from Richard Baxter from his 1682 treatise, How to do Good to Many. Writing on the text of Galatians 6:10, he writes about the problem and responsibility of passing along wealthy estates to heirs: III. The Text plainly intimateth that it is a great Crime in them, that instead of doing good while they have opportunity, think it enough to leave it by...
“C’mon, this is Congress we’re talking about…”
Do you care enough to help? Via Hot Air ...
This Week is GodblogCon
I’ll be leaving on Wednesday and returning on Saturday to attend GodblogCon 2007 in Las Vegas, held in conjunction with the Blog World & New Media Expo. The Acton Institute is a sponsor of this year’s GodblogCon. I’ll be representing the PowerBlog at the conference, and if you are a reader of this blog and will also be attending, drop me a note in ment box on this post. I’ll also be scouting talent for next year’s Acton University, which...
Samuelson on ‘The Global Poverty Trap’
Washington Post columnist Robert J. Samuelson discusses a new book on economic history that looks at the poverty problem from the perspective of “nature vs. nurture.” Comes now Gregory Clark, an economist who interestingly takes the side of culture. In an important new book, ” A Farewell to Alms: A Brief Economic History of the World,” Clark suggests that much of the world’s remaining poverty is semi-permanent. Modern technology and management are widely available, but many societies can’t take advantage...
Global Warming Consensus Alert: NBC Pitches In!
In what might be the dumbest attempt yet by any large corporation to appear “green,” NBC decided to turn off the lights on their Sunday Night Football broadcast’s studio set last night. This was apparently an effort to offset the carbon footprint of Matt Lauer in Greenland, which – judging by the size of the huge area lit by the lights they hauled up there – must have been pretty huge. It’s just too bad that NBC didn’t team up...
Reformation Faith & Representative Democracy
For many Protestant Churches across the world, Sunday was a tribute to Martin Luther and the Reformation. October 31st marks the anniversary date when Luther posted his 95 theses on the door of the Castle Church in Wittenberg. K. Konnie Kang of the Los Angeles Times, wrote a piece titled, “Protestants celebrate their heritage, the Reformation”. Kang also featured a quote that simply explains Protestant theology from the Rev. Nathan P. Feldmeth, who is a professor of medieval and Reformation...
Sunset Boulevard: A haunting look at spiritual emptiness
In the classic 1950 film Sunset Boulevard, the character of film star Norma Desmond, played by Gloria Swanson, declares, “I am big. It’s the pictures that got small.” I watched Sunset Boulevard for the first time last night, thanks to the mendation from a friend in Virginia. As a fan of classic films, I had high hopes for this film, which was directed by Billy Wilder. Wilder also directed one of my favorite classics films, Stalag 17. William Holden starred...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved