Reason.com - Free Minds and Free Markets
Reason logo Reason logo
  • Latest
  • Magazine
    • Current Issue
    • Archives
    • Subscribe
    • Crossword
  • Video
  • Podcasts
    • All Shows
    • The Reason Roundtable
    • The Reason Interview With Nick Gillespie
    • The Soho Forum Debates
    • Just Asking Questions
    • The Best of Reason Magazine
    • Why We Can't Have Nice Things
  • Volokh
  • Newsletters
  • Donate
    • Donate Online
    • Donate Crypto
    • Ways To Give To Reason Foundation
    • Torchbearer Society
    • Planned Giving
  • Subscribe
    • Reason Plus Subscription
    • Print Subscription
    • Gift Subscriptions
    • Subscriber Support

Login Form

Create new account
Forgot password

Civil Liberties

CNN Anchor Says Constitution Doesn't Protect Hate Speech, Try Reading It. Okay, Let's Do That.

Spoiler: Hate speech actually is protected.

Robby Soave | 5.6.2015 11:23 AM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL
Media Contact & Reprint Requests
Large image on homepages | Dreamstime
(Dreamstime)

Chris Cuomo is co-host of CNN's morning show. He's also a former law and justice correspondent for ABC News. He has a law degree from Fordham University and is a licensed attorney. New York Gov. Andrew Cuomo is his brother.

In other words, this is somebody you'd expect would know what he's talking about on the subject of basic constitutional facts. And yet:

Cuomo
Twitter

This was in response to the shooting outside Pamela Geller's "Draw Muhammad" cartoon contest event in Garland, Texas. According to Cuomo, Geller and her ilk might not have a First Amendment right to express anti-Muslim speech deemed hateful—it says so, right there in the Constitution, if we would bother to read it.

Okay, let's take Cuomo's challenge. Let's read the speech part of the Constitution. (I hope this doesn't take too long; I hate reading.) Oh, good, the speech stuff is right there at the beginning of the "things you can do" section:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

My copy of the Constitution seems to be missing this fabled "except hate speech, none of that" clause.

As it turns out, the Supreme Court has consistently interpreted the First Amendment to protect all kinds of odious speech, including speech perceived to be hateful. Constitutional speech protections wouldn't be very strong if they did not include hate speech, since one person's statement of hate is another's statement of truth. "George Bush is a war criminal" might be construed as a hateful statement if you're George Bush, after all.

There are indeed limits on the First Amendment; the Supreme Court has held that "fighting words" and incitements to specific and imminent violence are not protected.  But as recently as 2011, the Court ruled 8-1 that the Westboro Baptist Church had a First Amendment right to picket a military funeral and wave signs that read "You're going to hell" and "Thank God for dead soldiers."

In other words, it doesn't look like the Court is ready to undertake some vast reinterpretation of the First Amendment that would possibly justify the claims of the "hate speech isn't protected" brigade.

So in response to Cuomo, I would say this: Don't just say you love the Constitution, man. Read it!

Ken White of Popehat (I first typed "Popehate," so hang on to your speech rights, Ken) has a terrific response to a similarly awful McClatchy piece that raises questions about the limits of free speech—questions like, shouldn't we limit free speech?

Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.

This field is for validation purposes and should be left unchanged.

NEXT: Transgender Free Market Economist Offers Sage Advice to Bruce Jenner and the Rest of Us

Robby Soave is a senior editor at Reason.

Civil LibertiesCultureIslamSupreme CourtFree SpeechConstitution
Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL
Media Contact & Reprint Requests

Show Comments (266)

Latest

The App Store Freedom Act Compromises User Privacy To Punish Big Tech

Jack Nicastro | 5.8.2025 4:57 PM

Is Shiloh Hendrix Really the End of Cancel Culture?

Robby Soave | 5.8.2025 4:10 PM

Good Riddance to Ed Martin, Trump's Failed Pick for U.S. Attorney for D.C.

C.J. Ciaramella | 5.8.2025 3:55 PM

Trump's Tariffs Are Already Raising Car Prices and Hurting Automakers

Joe Lancaster | 5.8.2025 2:35 PM

Trump's Antitrust Enforcer Says 'Big Is Bad'

Jack Nicastro | 5.8.2025 2:19 PM

Recommended

  • About
  • Browse Topics
  • Events
  • Staff
  • Jobs
  • Donate
  • Advertise
  • Subscribe
  • Contact
  • Media
  • Shop
  • Amazon
Reason Facebook@reason on XReason InstagramReason TikTokReason YoutubeApple PodcastsReason on FlipboardReason RSS

© 2024 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

r

Do you care about free minds and free markets? Sign up to get the biggest stories from Reason in your inbox every afternoon.

This field is for validation purposes and should be left unchanged.

This modal will close in 10

Reason Plus

Special Offer!

  • Full digital edition access
  • No ads
  • Commenting privileges

Just $25 per year

Join Today!