Home
/
RELIGION & LIBERTY ONLINE
/
There’s No First Amendment Exception for ‘Hate Speech’
There’s No First Amendment Exception for ‘Hate Speech’
Apr 3, 2026 2:02 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
The Greatest Lawsuit Ever
For your reading pleasure, I present you with a partial list of defendants from the case of Riches v. Bush et al: George W. Bush, Hillary Rodham Clinton, James Hoffa, , Pope Benedict XVI, Kingdom of Saudi Arabia, John Deere, , Adolf Hitler’s National Socialist Party, Roc-A-Fella Records, Shawn Carter (doing business at Jay-Z), Japan’s Nikkei Stock Exchange, Gambino (crime family), Three Mile Island, Tony Danza, Islamic Republic of Iran, University of Miami, GEICO Insurance, Jewish State of Israel, Soledad...
Youth and the Relevance of the Gospel
There’s been a spate of stories lately in various media about the difficulty that evangelical denominations are having keeping young adults interested in the life of the institutional church. Here’s one from USA Today, “Young adults aren’t sticking with church” (HT: Kruse Kronicle; Out of Ur). And here’s another from a recent issue of my own denomination’s magazine, The Banner, “Where Did Our Young Adults Go?” I wonder if the push to be “relevant,” initiated largely by the baby boomer...
CARE Says ‘No’ to Federal Money
From today’s NYT: “CARE, one of the world’s biggest charities, is walking away from some $45 million a year in federal financing, saying American food aid is not only plagued with inefficiencies, but also may hurt some of the very poor people it aims to help.” “If someone wants to help you, they shouldn’t do it by destroying the very thing that they’re trying to promote,” said George Odo, a CARE official who grew disillusioned with the practice while supervising...
Environmental Stewardship News Round-Up (cont.)
The following items are the continuation of the Cornwall Alliance for the Stewardship of Creation Newsletter, August 15, 2007: Those first five major developments are themselves worthy of an entire issue of this newsletter, and the last two are significant as well. But here are some additional stories worth noting since our last issue: 1. Natural explanation for all climate variability in last century? Science Daily, August 1, 2007 [University of Alabama climatologist Roy Spencer informed us of this article,...
STAND on ‘Wristband Activism’
STAND, the Student Anti Genocide Coalition, is discussing Kaylin Wainwright’s mentary about Darfur and campus activism on its blog. STAND, which says it has founded 700 chapters, answers Kaylin’s criticisms about campus “slacktivism” by pointing to its effective engagement on the Darfur issue. The PowerBlog takes no stand on STAND. We’re just glad that considerations about effectiveness are being discussed by activist groups. Read Kaylin’s “Darfur: Taking Student Advocacy beyond the Wristband.” ...
Asylum vs. Assistance
In connection to Acton’s recent coverage of the New Sanctuary Movement, which shelters illegal immigrants in churches to protect them from deportation, see this fascinating Christianity Today piece that explains the history of the church sanctuary concept. A few excerpts…. “As a product of a time when justice was rough and crude,” law professor Wayne Logan summarized in a 2003 Harvard Civil Rights-Civil Liberties Law Review article, “sanctuary served the vital purpose of staving off immediate blood revenge.” If the...
Bridging Wesley’s Ditch
Stanley Cohen, the Martin White Professor of Sociology at the London School of Economics, is quoted as saying that “good intentions e bad practices.” In his critique of rather lame attempts to realize justice in the world (related to faulty definitions of justice), Herman Bianchi writes, “Even more dubious is another frame in which the formula is often couched: ‘Justice is the constant intention to give everyone his due.’ Never is it said, ‘See to it that everyone really gets...
Global Warming Consensus Alert: Blast From the Past
Jeff Jacoby, writing yesterday in the Boston Globe, takes a pleasant stroll down memory lane: INTRODUCING Newsweek’s Aug. 13 cover story on global warming “denial,” editor Jon Meacham brings up an embarrassing blast from his magazine’s past: an April 1975 story about global cooling, and ing ice age that scientists then were predicting. Meacham concedes that “those who doubt that greenhouse gases are causing significant climate change have long pointed to the 1975 Newsweek piece as an example of how...
Acton Alum Offers An Insider’s Perspective On Hip Hip
Acton Alum, Andrae McGary, recently launched a blog to offer some perspective on hip hop for the hip munity. It’s called Street Soul Arts. His latest post discusses Princeton University religion professor, Cornell West, and the release of West’s second rap album. I’m glad to see this blog because he knows this world far better than I ever will. ...
The Global Warming Debate: Yada, Yada, Yada
I am not a prophet, not even a futurist. I do study trends, now and then, and I try to pay careful attention to popular culture. One thing I am quite sure about: global warming will be a central issue in public debates and political campaigns for some time e. It has e the Apocalypse Now issue of our generation. (Overpopulation, the nuclear threat and global cooling did it only a few decades ago.) The simple premise, virtually unchallenged in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved