The Anti-Defamation League (ADL) says alleged racial slurs by Tea Party protesters against Congress members in March are “hate speech” and not protected by the First Amendment. According to ADL, Tea Party protesters “crossed the line” with racial slurs against black congressmen.
Such slurs, ADL head Abe Foxman contends, “are not constitutionally protected and require a strong legal response.”
Really? Such slurs are socially repugnant—and often unconstitutionally prosecuted under ADL-inspired state and local hate crime statutes. But racial, “homophobic,” and “anti-Semitic” slurs are protected by the First Amendment. Threat of imminent violence against a congressman is illegal.
But tolerance of slurs as well as profane, obscene and blasphemous speech is a necessary side effect of America’s unique efforts to protect speech as much as possible. The government can’t prosecute people for hurting others’ feelings. Several months ago, Democratic leadership responded to North Carolina Republican Rep. Joe Wilson’s public accusation that President Obama was a “liar” by severely limiting congressional members’ freedom to criticize the president. If Republican and Democrat leadership take Foxman’s advice and go a step further, they will criminalize perhaps offensive, yet constitutionally protected, speech by Tea Party participants as well.
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