Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Apr 24, 2026 5:43 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
The art of movie piracy
I recently watched a rerun of Seinfeld, in which Jerry es entangled with a movie bootlegger, and finds out that he has a gift for movie piracy. Jerry’s talent would be the cure for what this Slashdot plains about: “I’ve yet to find a blockbuster movie that isn’t readily available on the net after it opens, but somehow this is still news. It’s still usually worth shelling out the cash to see a version that isn’t fuzzy with garbled sound,...
The Public Square: On Ordered Liberty
From First Things, June/July 2005, No. 154, p. 69 The Public Square: A Survey of Religion and Public Life • Rome Diary, etc., Richard John Neuhaus • Of the thousands of books that deserve a review, relatively few get reviewed here or elsewhere. Sometimes we plan a review but, for one reason or another, it doesn’t pan out. Happily, that can be partially remedied by borrowing, as I here borrow from Daniel J. Mahoney’s excellent review of Samuel Gregg’s On...
Technology imperialists at the forefront
This Wired News article examines the European outrage at Google’s announced plans to digitize the holdings of all the world’s libraries. “There is a growing awareness in continental Europe of the technology gap, even with some of the very good technologies they have had, panies like Google, like Microsoft, like Apple … which are presented as almost technology imperialists at the forefront,” said Jonathan Fenby, a former Observer editor and author of France on the Brink. “There is this defensive...
To the moon and beyond
I was born on the seventh anniversary of Neil Armstrong’s historic moonwalk, which may or may not have something to do with my lifelong love of aviation. I have fond memories from my childhood of sitting in front of the pletely captivated by network news coverage of the launch of the Space Shuttle. Now, I’m not even certain that the 24-hour cable networks cover launches anymore. Sadly, for a shuttle mission to make front-page news these days, it has to...
The Public Square: “Civic friendship”
From First Things, June/July 2005, No. 154, p. 68 The Public Square: A Survey of Religion and Public Life • Rome Diary, etc., Richard John Neuhaus • “Civic friendship.” What a beautiful idea, but in our rancorous political climate some might be excused for thinking it is a pipe dream. In an instructive little book published by the Acton Institute, Trial by Fury, by law professor (and FIRST THINGS contributor) Ronald Rychlak, applies the idea of civic friendship to tort...
Book smarts vs. street smarts
Many may know that the season finale of The Apprentice was broadcast last night, with the conclusion being a victory for the “Book Smarts” team (college educated or higher) over the “Street Smarts” team (high school only). Arnold Kling at EconLog points out that the contributions of the young and above-average are almost always undervalued. This experientially strikes me as true. His advice: “If you are exceptional and young, you should start your own business. That way, you will get...
Prayer for all Christians in their vocation
Almighty and everlasting God, by whose Spirit the whole body of thy faithful people is governed and sanctified: Receive our supplications and prayers, which we offer before thee for all members of thy holy Church, that in their vocation and ministry they may truly and devoutly serve thee; through our Lord and Savior Jesus Christ, who liveth and reigneth with thee, in the unity of the same Spirit, one God, now and forever. Amen. –U.S. Book of Common Prayer, “For...
Sister Connie Driscoll — Fearless servant
The Acton Institute lost a dear friend with the passing last week of Sr. Connie Driscoll, president of the Chicago-based St. Martin de Porres House of Hope, and a frequent lecturer at the Towards a Free and Virtuous Society conferences. Columnist Carol Marin of the Chicago Sun-Times described Sr. Connie as “the most unlikely nun I have ever seen: a black eye-patch-wearing, cigarillo smoking, Scotch-drinking sister. Though she had lost her left eye to a stroke, her good eye was...
Capitalism and Catholic social teaching
Rev. Robert Sirico responded over the weekend in the Detroit News to a letter disputing one of his previous columns. In “Catholic social teaching embraces markets,” (May 21) Rev. Sirico writes that “the fact that the church has no economic models to propose is not the same as saying all economic models are the same. Some have greater moral potential than others.” You can read Rev. Sirico’s initial piece, “Pope Benedict XVI will turn out to be a real liberal,”...
Museum of plastic cadavers
Chicago’s Museum of Science and Industry is currently hosting the Body Worlds show, a display of plasticized cadavers and body parts. According to museum publicity, some 16 million people worldwide have seen the show, the creation of Gunther von Hagens, a German inventor who claims to have created the “plastination” technique. This, basically, is a modern-day form of mummification which allows museums to exhibit skinned and otherwise dismembered bodies in interesting and even entertaining postures. Depending on your point of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved