By Charles C. W. Cooke
Tuesday, September 16, 2025
It has not been a good 24 hours for Pam Bondi, the
attorney general of the United States. Yesterday, on the Katie Miller
Podcast, Bondi said:
We will absolutely target you, go
after you, if you are targeting anyone with hate speech.
Actually, she won’t. She won’t “target” or “go after”
anyone for “hate speech,” because, legally, there is no such thing as “hate
speech” in the United States, and because, as a government employee, she is
bound by the First Amendment. And if she tries it anyway? The Supreme Court
will side against her, 9-0.
Bondi continued:
There’s free speech and then
there’s hate speech. And there’s no place, especially now, especially after
what happened to Charlie.
No, no, no. This distinction is false, incorrect,
imaginary. It does not exist. It is a fiction. Under every relevant Supreme
Court precedent, speech is speech is speech. There are other categories of
speech: libel, incitement, threats, and so on. But speech that is supposedly
“hateful” — including about Charlie Kirk’s murder — is undoubtedly protected by
the Constitution. Kirk himself was clear about this.
Separately, on Fox News last night, Bondi told Sean
Hannity:
And employers, you, have to have an
obligation to get rid of people. You need to look at people who are saying
horrible things. And they shouldn’t be working with you. Businesses cannot
discriminate. If you wanna go in and print posters with Charlie’s pictures on
them for a vigil, you have to let them do that. We can prosecute you for that.
Again: no, no, no. No such “obligation” exists. A
business can “get rid” of an employee for saying ugly things — or, in
this case, for refusing to do the job for which they were hired. But it does
not have to. Moreover, in this particular circumstance, the business absolutely
can “discriminate.” Bondi said, “if you wanna go in and print posters with
Charlie’s pictures on them for a vigil, you have to let them do that. We can
prosecute you for that.” Neither of those things is true. If Office Depot had
declined the request because the customer had white skin, that would be
illegal. But printing is expression, and private companies are thoroughly
within their rights to decline to accept a commission that implicates them in
that expression. Securing legal recognition of that right has been a priority
for conservatives for decades. It is astonishing to witness a Republican
attorney general taking the other side.
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