The Department of Justice is walking back some of Attorney General Pam Bondi’s previous remarks about “hate speech” after she was sharply criticized over free speech rights related to the fatal shooting of conservative commentator Charlie Kirk.
Bondi appeared on a podcast Monday, where she highlighted the political discourse that erupted after Kirk’s death. She argued that there is a difference between free speech and hate speech, and after Kirk’s death, “there is no place, especially now” for violent speech.
“We will absolutely target you, go after you, if you are targeting anyone else with hate speech,” she said, referring to those who cheered on Kirk’s death or who target people for their politics.
Kirk, 31, was a conservative activist who was shot and killed at an event at Utah Valley University last week. He traveled around to university campuses to debate controversial issues and was a staunch supporter of President Donald Trump.
Partisan divides have been clear in the aftermath of his death, with each side accusing the other of an increase in divisive rhetoric and political violence. Some conservatives have been documenting those who celebrated Kirk’s death and have shared that information with their workplaces in an effort to bring professional consequences.
Bondi was echoing remarks Trump made when denouncing Kirk’s death, when he repeatedly said that the left was to blame for an increase of violence in the country. She noted on the podcast appearance that an Office Depot employee was terminated after refusing to print a photo of Kirk for a vigil, and she said individuals like that will be “held accountable” and the DOJ will “publicly shame you, too.”
Bondi’s remarks on the podcast sparked sharp criticism and debate about the First Amendment’s right to free speech, which the Supreme Court has said includes “hate speech.”
Conservative pundits and Republican lawmakers have sought to clarify Bondi’s comments as civil liberties groups and free speech advocates question the true motive and legality of her statements.
The Wall Street Journal editorial board said Bondi needs a “free speech tutorial.” The board argued that Kirk himself once said hate speech should be allowed because “hate” can be interpreted in different ways. The board accused Bondi of following social media trends but said that as attorney general, she is sworn to uphold the Constitution. The board suggested that Bondi should stop appearing on podcasts about Kirk, and instead listen to what the activist had to say about speech and differing opinions.
While Bondi has backtracked, hate speech is something that’s being examined around the world, and has been for years.
In 1969, the Supreme Court held that the government can’t forbid speech that is advocating for the use of force or unlawful conduct unless it incites or produces imminent lawless action or is likely to incite the action. It was upheld by the court, with Justice Samuel Alito writing in 2017 that targeting individuals over speech would strike at the “heart of the First Amendment.” Alito acknowledged that demeaning speech is hateful, but to be a country of free speech, it means we must also protect the freedom to express things we hate.
In a Tuesday post online, Bondi clarified her comments and argued that “hate speech that crosses the line into threats of violence is NOT protected by the First Amendment.”
“For far too long, we’ve watched the radical left normalize threats, call for assassinations and cheer on political violence. That era is over,” she said, later adding, “Free speech protects ideas, debate, even dissent but it does NOT and will NEVER protect violence.”
Bondi argued that the rhetoric is designed to silence conservatives and said they will never be silenced on behalf of Kirk and his legacy.
Deputy Attorney General Todd Blanche also noted that “of course” hate speech is protected under the First Amendment and “everybody thinks that,” but argued the Republican Party and the Trump administration have been subjected to it “more than most” in recent years.
“That’s not in any way what the attorney general meant, as she made crystal clear all day today,” Blanche said Tuesday evening on CNN. “We are targeting violence. When there are individuals who are using words, threatening murder, threatening violence, threatening to harm people, that’s what we’re targeting.”
Following the fatal shooting and while the investigation was underway, Utah Gov. Spencer Cox shared a message with the country, calling for an end to political violence. Cox said Kirk’s death was tragic, adding that it was also an attack on the “American experiment” and the country’s ideals.
Cox called on Americans, no matter their political ideology, to end political violence. He asked younger citizens to “choose a different path” and change the course of history starting in this moment.