The Problem With A Regime That Criminalizes "Hate Speech"
/“Hate speech.” The term calls to mind every sort of vile and disgusting insult and racial and ethnic slur.
Who could possibly be in favor of allowing that? Large numbers of people instinctively assume that hateful statements, particularly those based on racial, religious or ethnic categories, must surely be illegal.
But here in the U.S., such statements in general are not illegal, and not subject to criminal prosecution. A couple of weeks ago, our Attorney General Pam Bondi was recorded on a podcast saying that “We will absolutely . . . go after you, if you are targeting anyone with hate speech . . . . You can’t have that hate speech in the world in which we live.” I, among many others, pointed out that Ms. Bondi had badly mis-stated U.S. law on the subject. Our Supreme Court has drawn a line under the First Amendment that makes almost all “hate speech” constitutionally protected, short of incitement to imminent violence.
If you think that that line might not make sense, consider the alternative. Over in the UK, they have seen fit to criminalize “hate speech.”