In a controversial post, AG Pam Bondi says “Hate speech that crosses the line into threats of violence is NOT protected by the First Amendment. It’s a crime.” But does “hate” speech even exist under 1A? Laws to silence our foes today will be the same laws our foes use to silence us tomorrow.
AG Bondi’s post quickly received a Community Note: “The US Constitution protects most violent speech… The Supreme Court ruled it legal to “justify” or celebrate violence… but not “incitement” to “imminent” violence.”
Even commenters from the Right were stunned that an admin official would propose a limit on the free speech of their political enemies: Chuck Garten writes “We must be very careful that our reaction to the Charlie Kirk shooting doesn’t cause us to become the fascists that the left says that we are.”
Robert Shibley is Special Counsel for Campus Advocacy at FIRE, the Foundation for Individual Rights and Expression. A Duke Law graduate, he served 19 years at FIRE, including six as executive director. He launched litigation initiatives, represented students and faculty, and authored “Twisting Title IX.” Follow at https://x.com/rshibley
Curtis Houck is Managing Editor at NewsBusters. With over 10 years at the Media Research Center, he has made more than 600 TV appearances and 1,000 radio appearances. His work has appeared in Fox News, Breitbart, Drudge, The Federalist, and more. Follow at https://x.com/CurtisHouck
Jerome Hudson is Entertainment Editor at Breitbart and author of “50 Things They Don’t Want You to Know About Trump.” He covers the intersection of culture, politics, and entertainment. Learn more at https://breitbart.com and follow him at https://x.com/JeromeEHudson
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