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 9:32 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
The Prince and the Pirate
This year marks the fortieth anniversary of the publication ofWilliam Goldman’s The Princess Bride, and over atThe University BookmanI have written up some thoughts on the modern classic, “As You Wish: True (Self-)Love andThe Princess Bride.” Those familiar with the story know that the tale develops around the conflict between Prince Humperdinck and Westley (aka The Dread Pirate Roberts) over Buttercup, the most beautiful woman in Florin. I frame my piece with the confrontation between another prince and another pirate,...
What Does The Bible Say About Income Inequality?
Is unequal distribution of e inherently un-Christians or unjust? That was a question The Christian Post recently posed to several Christian scholars, including Acton research fellow Jordan Ballor. Ballor points out that e inequality is not inherently unbiblical: “The challenge is distinguishing natural inequalities, which arise out of the variety of human gifts and talents, from unrighteous and unjust inequality,” Ballor explained. [. . .] “You don’t see envy talked about very much in this discussion — you hear greed,”...
Typhoon Haiyan Creates Upsurge In Human Trafficking
Manila Auxiliary Bishop Broderick Pabillo, the convenor of the Philippines’ Interfaith Movement Against Human Trafficking, is expressing increased concern about human trafficking due to the “chaotic environment” brought about by typhoon Haiyan. Internal trafficking has long been a concern in the Philippines, for men, women and children. According to HumanTrafficking.org, People are trafficked from rural areas to urban centers including Manila, Cebu, the city of Angeles, and increasingly to cities in Mindanao, as well as within urban areas. Men are...
Utopia is a Relative Concept
Shannon Love reminds us that what great-great-grandparents would consider utopia is what we consider modern life: Star Trek is often used as a starting point for musing about this or that utopia because everything in Star Trek seems so wonderful. Star Trek is Gene Roddenberry‘s vision of New Frontier democratic socialism evolved to a utopia so perfect that individuals have to head out into the wilds of deep space just to find some adventure. Watching Star Trek, one naturally begins...
Fr. Sirico on PovertyCure
Forbes contributor Jerry Bower recently interviewed Fr. Robert Sirico about the documentary film series PovertyCure: Jerry: “Let’s talk a little bit about PovertyCure. Where did this e from? What was the original conception of PovertyCure?” Fr. Sirico: “From the inception of the Acton Institute, which was now 24 years ago, we have always been concerned that economic education–a real understanding of how a market functions–will first and foremost help the most vulnerable, so we’ve done various things over the years...
Top Religion News Stories Of 2013
2013 certainly had its fair share of religion in the news. Despite the fact that most major news sources know little-to-nothing about religion, they still report on it with gusto. Jeremy Lott, editor-in-chief at RealClearPolitics has put together a list of the top 14 religion news stories of the past year. (You can read them all here.) Here are some highlights: The Tale of Two Popes. Pope Benedict XVI shocked the world by abdicating, and the election of Cardinal Jorge...
Video: Sirico on ‘Tips for Jesus,’ ‘The Wolf of Wall Street’
Acton Institute President Rev. Robert A. Sirico joined guest host Eric Bolling onYour World with Neil Cavuto on the Fox News Channel on Christmas Eve to discuss the latest Hollywood blockbuster, “The Wolf of Wall Street,” as well as the recent phenomenon of “Tips for Jesus.” ...
Cowboys, Hoosiers, Hillbillies, and the Geography of Civic Virtue
Several years ago, the Catholic intellectual Joseph Bottom observed that American literature has entailed a substitution of geography for heroes in our moral vocabulary.” In other words, we don’t have many heroic types in American literature. What we have instead is heroic geography. The Virginian, the Down Easterner, the Texas Ranger, the cowboy, the Hoosier, the hillbilly, the Okie. These are tropes that serve the moral function filled in other cultures and other literatures primarily by heroes. And these geographical...
The Christmas Tree as a Source of Wonder
Related to some recent discussions about the market for Christmas trees, an mercial aspect of the holiday, I ran across this delightful post about a little-known poem by T.S. Eliot, “The Cultivation of Christmas Trees.” In this piece, Eliot introduces the Christmas tree as a source of wonder for children, a source which can be cultivated into maturity so that at the end of times the fullness of the Christmas message might be harvested. As Maria Popova introduces the verses,...
Keep Calm and Christmas On
In this mentary, I examine the link between delayed gratification and civilization. I use the image of children waking up on Christmas morning to a cornucopia of presents under the tree. But for many this year, the delivery of presents was delayed. Ray Hennessey writes over atEntrepreneur that our consumption habits and expectations, which exemplify an ethic of instant gratification, have a lot to do with delivery failure. As he writes, there is plenty of blame to go around, but...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved