Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Mar 26, 2026 8:34 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
Acton Lecture Series 2010: Sirico & Ballor
Wrapping up our recap of last year’s Acton Lecture Series, today we present two additional lectures for your enjoyment. The first was delivered in April of 2010 by Acton President Rev. Robert A. Sirico, and was entitled “Does Social Justice Require Socialism?” In this lecture, Sirico examined the increasing calls for government intervention in financial market regulation, health care, education reform, and economic stimulus in the name of “social justice”. And finally, we present Jordan Ballor’s lecture from July of...
Acton Lecture Series 2010: Joseph Morris on Saul Alinsky
There’s still time to register for tomorrow’s opening lecture of the 2011 Acton Lecture Series (click here to reserve your seat for Rev. Robert A. Sirico’s “Christian Poverty in the Age of Prosperity”), and while we’re anticipating the start of the 2011 series we’ll continue our blog recap of the 2010 series. Today, we highlight one of my favorite lectures from last year: Joseph Morris’ “Alinsky for Dummies: His Persistent Influence and Its Meaning for American Society and Politics.” Saul...
Dietrich Bonhoeffer’s 105th Birthday
Today is the 105th anniversary of the birth of the German pastor and theologian Dietrich Bonhoeffer. From the R&L archives: Bonhoeffer’s resistance to the Nazi regime included his support for and pastoral participation in the Confessing Church along with other prominent Protestant theologians like Karl Barth and Martin Niemöller, as well as his intricate association with the broader ecumenical movement. When the effectiveness of the Confessing Church’s opposition to Hitler was blunted and his efforts to bring the moral authority...
News: Acton Institute Among Top Global Think Tanks
GRAND RAPIDS, Mich. (Feb. 1, 2011) — A new survey of 5,500 organizations by the Think Tanks and Civil Societies Program at the University of Pennsylvania ranked the Acton Institute among the best global social policy organizations and in the top 50 think tanks overall in the United States. The 2010 Global Go-To Think Tank Rankings, directed by James G. McGann of the International Relations department at Penn, put Acton at No. 12 on the Top 25 Social Policy Think...
Stewardship and the Human Vocation to Work
The following is my latest article for Acton Commentary: Stewardship and the Human Vocation to Work By Rev. Gregory Jensen Paying the bills and contributing to the collection basket are laudable. But Christian stewardship is significantly more than these; like prayer, fasting, and the sacraments, it is an essential part of our Christian life. More than what we say, the way we use our time, talent and treasure, reveals what we value, how we understand ourselves as men and women...
After Cape Town: Still Learning to Talk About Business and Ministry
Stephen Grabill and I follow up on the Lausanne Congress in this week’s Acton Commentary: After Cape Town: Still Learning to Talk About Business and Ministry By Brett Elder and Stephen Grabill The Cape Town Commitment — a document that flows out of the Third Lausanne Congress on Global Evangelization held in Cape Town, South Africa, this past October — has generated a great deal of discussion since its release last week.Prior documents and declarations proceeding from the previous two...
Reagan Centennial Roundup
Rev. Robert Sirico, president and co-founder of the Acton Institute called Ronald Reagan a “sunny warrior for freedom” with “a clear sense of moral priority.” mentary was written a day after the former president’s death in 2004. If you walk into the Acton office you might notice a photo of Rev. Sirico and Acton executive director and co-founder Kris Mauren with Reagan at his former office in Century City, California. He holds a visible imprint at Acton. Sunday is Ronald...
The New Circuit Riders and the Bicycle Economy
God and Money passes along a news story about a church in Nebraska raising money “to buy motorcycles (probably not Harleys) for pastors in the African country of Tanzania. Pastors there serving multiple congregations cannot simulcast their sermons–they have to walk upwards of 60 miles to be with their flock.” It brings to mind the early American Methodist practice of sending out circuit riders. But it also illustrates the kinds of needs that can be met in unconventional ways. This...
Acton Lecture Series 2010 Recap: Miller & Carrasco
Continuing our recap of last year’s Acton Lecture Series in anticipation of Thursday’s opening lecture of the 2011 ALS (which you can register for right here), we’re pleased to present the video from February and March of 2010. On February 18, 2010, Acton’s Director of Media Michael Miller Delivered a lecture entitled “Does Capitalism Destroy Culture?” His lecture discussed the positive and negative impact of capitalism in society today. Miller pointed out that it’s not just Christians that are worried...
Humor and Prison Rape Culture
Yesterday I noted some items related to the question of punishment and restorative justice in the American criminal justice system. And in the past we’ve looked here at the PowerBlog of the issues surrounding political and social activism on prison rape. Now today Joe Carter, web editor at First Things, considers the Prison Rape Elimination Act and the broader cultural attitudes toward prison rape: While such laws are a useful beginning, what is needed more than any legislation is a...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved