Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Mar 14, 2026 6:55 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
Verse of the Day
  Commentary on Today's Verse   Complete Concise   Chapter Contents   Believers are to dedicate themselves to God. (1,2) To be humble, and faithfully to use their spiritual gifts, in their respective stations. (3-8) Exhortations to various duties. (9-16) And to peaceable conduct towards all men, with forbearance and benevolence. (17-21)   Commentary on Romans 12:1-2   (Read Romans 12:1-2)   The apostle having closed the...
Verse of the Day
  Commentary on Today's Verse   Commentary on Ephesians 5:1-2   (Read Ephesians 5:1-2)   Because God, for Christ's sake, has forgiven you, therefore be ye followers of God, imitators of God. Resemble him especially in his love and pardoning goodness, as becomes those beloved by their heavenly Father. In Christ's sacrifice his love triumphs, and we are to consider it fully.   Ephesians 5:2...
  An unexpected error has occurred. We are in the process of fixing the problem. Sorry. ...
Verse of the Day
  Commentary on Today's Verse   Commentary on Habakkuk 3:1-2   (Read Habakkuk 3:1-2)   The word prayer seems used here for an act of devotion. The Lord would revive his work among the people in the midst of the years of adversity. This may be applied to every season when the church, or believers, suffer under afflictions and trials. Mercy is what we...
Verse of the Day
  Joshua 22:5 In-Context   3 For a long time now-to this very day-you have not deserted your fellow Israelites but have carried out the mission the Lord your God gave you.   4 Now that the Lord your God has given them rest as he promised, return to your homes in the land that Moses the servant of the Lord gave you...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Peter 3:8-13   (Read 1 Peter 3:8-13)   Though Christians cannot always be exactly of the same mind, yet they should have compassion one of another, and love as brethren. If any man desires to live comfortably on earth, or to possess eternal life in heaven, he must bridle his tongue from wicked, abusive, or...
Verse of the Day
  Commentary on Today's Verse   Commentary on Luke 2:8-20   (Read Luke 2:8-20)   Angels were heralds of the new-born Saviour, but they were only sent to some poor, humble, pious, industrious shepherds, who were in the business of their calling, keeping watch over their flock. We are not out of the way of Divine visits, when we are employed in an honest...
Verse of the Day
  Commentary on Today's Verse   Commentary on Matthew 6:25-34   (Read Matthew 6:25-34)   There is scarcely any sin against which our Lord Jesus more warns his disciples, than disquieting, distracting, distrustful cares about the things of this life. This often insnares the poor as much as the love of wealth does the rich. But there is a carefulness about temporal things which...
Verse of the Day
  Commentary on Today's Verse   Commentary on Romans 3:19-20   (Read Romans 3:19-20)   It is in vain to seek for justification by the works of the law. All must plead guilty. Guilty before God, is a dreadful word; but no man can be justified by a law which condemns him for breaking it. The corruption in our nature, will for ever stop...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 Peter 4:7-11   (Read 1 Peter 4:7-11)   The destruction of the Jewish church and nation, foretold by our Saviour, was very near. And the speedy approach of death and judgment concerns all, to which these words naturally lead our minds. Our approaching end, is a powerful argument to make us sober in all worldly...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved