Pile on Chris Cuomo…
Politifact weighs in on Cuomo’s provocative tweet from earlier in the week…
Cuomo said, “Hate speech is excluded from protection” under the First Amendment.
The Supreme Court has ruled that certain categories of speech are excluded from constitutional protection, such as a threat or “fighting words.” Sometimes, speech can be both a threat and hate speech, in which case it would not necessarily have First Amendment protection.
But hate speech on its own — such as on a picket sign or a blog — is not excluded from protection. It may only be incidentally excluded.
Cuomo tried to clarify his point after the fact, giving an explanation similar to the examples we hashed out here.
But on his specific claim, the jurisprudence works against him. We rate his statement False.