Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Apr 9, 2026 12:34 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
Christmas consumerism: Spending for the glory of God?
The Christmas shopping season is well underway—and with it, a peculiar blend of hyper-generosity and hyper-consumerism. Indeed, while many celebrate the social and spiritual glories of gift-giving and merriment, others are quick to warn about the steady creep of materialism and self-indulgence. Over at Made to Flourish, Matt Rusten explores these tensions, asking, “Does worshipping the Christ of Christmas necessarily conflict with the proliferation of shopping and festivities during the holiday season?” plaints are many, as Rusten aptly summarizes: “The...
Explainer: What was in the Queen’s Speech of December 2019
On Thursday, December 19, 2019, Her Majesty Queen Elizabeth II delivered her 66th Queen’s Speech. The speech – which followed her last Queen’s Speech by just two months – set out the policy agenda of the newly emboldened Prime Minister Boris Johnson for this term of Parliament. For an explanation of the Queen’s Speech, which opens every session of Parliament, see this article. Today’s speech, which made reference to more than 30 pieces of legislation, touched on the following topics:...
Acton Line podcast: Behind China’s drive for global domination
During Christmastime in China in 2015, 1,700 churches were torn down or vandalized, a result of the Chinese government growing increasingly hostile to Christianity. In 2018, The Chinese government raided and shut down churches ahead of Christmas and detained pastors and members caught celebrating. From reports of labor camps in the country to growing surveillance through technology, China is increasingly cracking down on freedom. This is all laid out in a new book, titled Deceiving the Sky: Inside Communist China’s...
Wine caves or fox holes?
The sixth Democratic primary debate featured seven presidential hopefuls and four references to wine caves. The candidates’ rhetoric should bring the issue of wealth and political power into greater clarity than a Swarovski crystal. The term “wine cave” lit up the internet after Senator Elizabeth Warren used cabernet as a cudgel against South Bend Mayor Pete Buttigieg. “Mayor Pete” held a closed-door fundraiser at the Hall Rutherford wine caves of California’s Napa Valley, giving her a line of populist attack...
The gift of the Incarnation
All of life is God’s gracious gift. This graciousness applies not only to ourselves and our neighbors, each of whom is made in His image and likeness, but applies as well to the whole of creation which was entrusted to the human family’s care and cultivation (Gen. 1:26-31). This gracious gift, both of ourselves and the creation, was marred by our own disobedience, born of ingratitude, and resulted in our separation from that gracious Giver. Sin and death are the...
Slavery, Shmi Skywalker, and Star Wars
As the final installment of the final trilogy of the Star Wars saga opens today, it’s worth thinking about where this blockbuster franchise and cultural phenomenon started. And by that I mean where the story of Anakin Skywalker started in Episode I: The Phantom Menace. I got to revisit some of this as the earlier movies have been playing on repeat on cable TV leading up to today’s opening. The part I noticed as I flipped through the channels was...
The government funds U.S. farmers – and their competitors
When government es sufficiently large, its impact on private citizens is not just harmful; it’s self-contradictory. U.S. policy toward dairy farmers offers a poignant example. Joseph Sunde recently explored one aspect of U.S. agricultural policy: The Food and Agriculture Act of 1977, signed by new President Jimmy Carter, intended to artificially raised the price for dairy products (and led to a 500-million-pound stockpile of “government cheese”). Government intervention in the market, which inevitably confuses price signals, forced U.S. consumers to...
10 economic lessons from ‘Emmett Otter’s Jugband Christmas’
Jim Henson’s beloved Emmett Otter’s Jugband Christmas first entered the hearts of Canadian children in December 1977 and made its U.S. debut on HBO one year later. The musical Muppet adventure tells the story of widow Alice Otter and her tenderhearted son, Emmett, who decide the only way they can afford Christmas presents this year is to win a petition – with an exacting entrance fee. Aside from its entertainment value – including a posed by songwriter Paul Williams –...
Alejandro Chafuen in Forbes: the universality of the Nativity scene
Some weeks ago I met with a priest named Fr. Mike at his office in the local Curia. He is a well-trained lawyer who is now in charge of civil legal affairs for one of the largest Catholic dioceses in Europe. His work deals with donations, inheritances, real estate, and the like. Several ideas from that conversation are still fresh in my mind. One of aspect of our conversation dealt with Fr. Mike’s workload. When I saw the pile of...
Clarence Thomas on the harmony of faith and reason
In the Christmas season, the secular West begrudgingly nods toward its faithful past. Yet amidst the darkness, Supreme Court Justice Clarence Thomas joined with one the nation’s most distinguished colleges to highlight patibility of faith and reason. Justice Thomas spoke at the dedication of Hillsdale College’s Christ Chapel on October 3, 2019. Thomas told the students that a university chapel joins two of the institutions on which liberty relies: Christ Chapel reflects the College’s conviction that a vibrant intellectual environment...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved