U.S. Senator Ted Cruz (R) reaffirmed that the First Amendment protects hateful or offensive speech, which clashes with the Trump administration's position on limiting hate speech.
Speaking at Politico's AI & Tech Summit, Cruz argued that while those who celebrate the murder of conservative activist Charlie Kirk should face consequences, criminal prosecution for speech is unconstitutional.
"The First Amendment absolutely protects speech," said Cruz. "It absolutely protects hate speech. It protects vile speech. It protects horrible speech. What does that mean? It means you cannot be prosecuted for speech, even if it is evil and bigoted and wrong."
Cruz, however, argues that individuals who publicly celebrate Kirk's death should be subjected to non-criminal consequences, such as termination or expulsion.
"in my view, they should absolutely face the consequences for celebrating murder," he added.
His comments come after Attorney General Pam Bondi said the Justice Department would target people engaging in hate speech following Kirk's assassination. Bondi later clarified her statement saying hate speech that rises to the level of threats or incitement of violence is not constitutionally protected.
"Hate speech that crosses the line into threats of violence is NOT protected by the First Amendment. It's a crime." Bondi explained. "For far too long, we've watched the radical left normalize threats, call for assassinations and cheer on political violence."
Hate speech that crosses the line into threats of violence is NOT protected by the First Amendment. It’s a crime. For far too long, we’ve watched the radical left normalize threats, call for assassinations, and cheer on political violence. That era is over.
Under 18 U.S.C. §…
— Attorney General Pamela Bondi (@AGPamBondi) September 16, 2025
She added, "Free speech protects ideas, debate, even dissent, but it does NOT and will NEVER protect violence."
Kirk, founder of Turning Point USA, was shot and killed during a campus event at Utah Valley University. While opposed to poltical volence, Kirk himself had been a vocal defender of free speech, including speech considered offensive or controversial.
