Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Apr 8, 2026 11:34 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
Hipsters and Elitists versus Chain Stores
New York City’s hipster and elitist class seem to believe that they should have some role in determining what business owners do with their property. Like hipsters and elitists around the country, New York’s cohort are banding together to panies that do not present the utopian vision for the neighbors where these elites dwell (most of whom are renters, by the way). There is much buzz in New York City right now because more and more national chains are setting...
Think (and Read) before You Blog: A Response to Michael Sean Winters
Over at the National Catholic Reporter, Michael Sean Winters makes ments about my book ing Europe based on a review he had read by Fr. C.J. McCloskey. Here are the most pertinent of his observations: I know that American exceptionalism lives on both the left and the right, but when did the right e so Europhobic? And why? National Catholic Register has a review of a new book by the Acton Institute’s Samuel Gregg entitled ing Europe: Economic Decline, Culture,...
Conference on Poverty Co-Hosted by Acton Institute and Saint Vladimir’s Orthodox Theological Seminary
Saint Vladimir’s Orthodox Theological Seminary and the Acton Institute are co-hosting a “Conference on Poverty,” May 31–June 1, on the seminary campus. Conference speakers include Jay W. Richards, author of Money, Greed, and God, and Senior Fellow at the Discovery Institute; Susan R. Holman, senior writer at Harvard Global Health Institute, and author of The Hungry are Dying: Beggars in Roman Cappadocia and God Knows There’s Need: Christian Responses to Poverty; and Michael Matheson Miller, Acton Institute Research Fellow and...
Before and Beyond the Common Good
I recently argued that although vocation is important, there is a certain something that goes before and beyond it. As Lester DeKoster puts it, “The meaning we seek has to be in work itself.” Over at Think Christian, John Van Sloten puts forth something similar, focusing on our efforts to work for mon good— something not altogether separate from vocation: There’s a lot of talk in faith/work circles about the idea of working for mon good – for the good...
Rev. Robert Sirico on ‘Social Mortgage’
Rev. Robert Sirico was recently featured in El Salvador’s newspaper El Diaro de Hoy. Consuelo Interiano interviewed him about the free market, and social mortgage. Sirico begins by saying that private property isn’t just important for businesses to thrive, it’s absolutely necessary for their existence. He goes on to say that businesses and panies are the best way to help individuals escape poverty. Companies, large or small, create opportunities for work and offer individuals a means to elevate themselves out...
Does the Media Need to Be Schooled in Religion?
Nobody can know everything about everything, but in the age of the internet, fact-checking isn’t too tough. It’s one thing for a high-school student to attempt to slide by on “facts” in a research paper for sophomore social studies, but another when professional journalists make errors about easily investigated pieces of knowledge. Lately, the media has been getting blasted for getting the facts wrong about religion. Carl M. Cannon: The upshot during Holy Week this year was a spate of...
School Vouchers Increase College Attendance for Black Students
New research suggests that school vouchers have a greater impact on whether black students attend college than small class sizes or effective teachers: Matthew M. Chingos of the Brookings Institution and Paul E. Peterson, director of Harvard’s program on education policy and governance, tracked college enrollment information for students who participated in the School Choice Scholarship program, which began in 1997. They were able to get college enrollment information on 2,637 of the 2,666 students in the original cohort. The...
6 Things You Need to Know About Acton University
1. It’s truly international. Last year, we hosted 800+ people from over 70 countries. 2. You can create your own curriculum. Whether you’re interested in business, poverty alleviation and development, economics, history, social thought, urban ministry… just read the list of courses for yourself. You’ll find great stuff there. 2-1/2. We eat really well. 3. There is plenty of time to network, socialize and enjoy meeting all those people from all over the world. 4. The student fee is ridiculously...
Terry Mattingly and Joe Carter on Surviving Easter
Leading mentator, Terry Mattingly looks back on Easter in an article about Catholics attending services despite the overcrowding from “Poinsettia and Lily Catholics,” those who only attend a Mass on Christmas and Easter. He describes how the influx of those attending mass affects Catholics who faithfully attend church every Sunday. He says: “I really am glad that they’re there,” wrote Fisher. “It’s got to be better than never going to Mass, and I do believe that the Holy Spirit could...
Journalists Bearing False Witness in Boston
There are arguably two forces that may be destroying the ethics of journalism today. The first is petition for rankings and advertising that drives the obsession to report something “first” in a 24-hour news cycle. The second is that social media exacerbates the first. These two forces make journalists vulnerable to poor, unethical reporting. We are seeing this play out in what could easily be considered unethical coverage of the tragedy in Boston by CNN and other news platforms. On...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved