Can the government target and prosecute “hate speech”?
In a recent podcast interview, US Attorney General Pam Bondi stated:
“There's free speech and then there's hate speech, and there is no place, especially now, especially after what happened to Charlie [Kirk], in our society...We will absolutely target you, go after you, if you are targeting anyone with hate speech.”
Can the US Government target and prosecute you for “hate speech”?
While constitutional questions can be complex and nuanced, the answer to this one is pretty clearly: No.
The U.S. Supreme Court has been clear: there is no “hate speech” exception to the First Amendment. Offensive, bigoted, or discriminatory speech remains protected, even when it is deeply harmful or unpopular. In cases like R.A.V. v. City of St. Paul (1992) and Matal v. Tam (2017), the Supreme Court struck down attempts to punish speech simply because it expressed hateful viewpoints. In Matal v. Tam, Justice Alito wrote:
“Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express "the thought that we hate."
The First Amendment prevents the government from deciding which ideas may or may not be expressed, even when those ideas make us uncomfortable.
Is there any speech that can be restricted?
That does not mean all speech is protected. Certain narrow categories—true threats, incitement to imminent violence, fighting words, obscenity, child pornography, and defamation—fall outside First Amendment safeguards. If hateful expression crosses into one of these zones, it may be punished. However, “hate speech” is much broader than these categories and, in and of itself, cannot be banned or prosecuted just because it is offensive.
The Attorney General later implicitly acknowledged her misstatement of the law when, in response to backlash from conservative figures, she posted, “Hate speech that crosses the line into threats of violence is NOT protected by the First Amendment.”
References:
Bondi faces criticism for saying DOJ will 'target' anyone who engages in 'hate speech' - ABC News
Pam Bondi Sparks MAGA Fury Over Free Speech Remarks - Newsweek
