Judge Napolitano: 'Hatred Is Protected Under the Constitution'
The Charleston church massacre has prompted new calls for the government to crack down on hate groups.
"We have to allocate resources to address these hate groups and these hate crimes," NAACP President Cornell William Brooks said Sunday on CBS. "We also need vigorous prosecution and vigorous investigation of these hate groups and the resources to do so."
Judge Andrew Napolitano told Megyn Kelly tonight what Brooks is calling for is not possible because the law doesn't support it.
"Freedom of thought, freedom of expression, freedom of association, even if generated and defined by hatred, is protected, as long as that does not produce immediate lawless violence," Napolitano said.
He explained that the First Amendment was written to protect the speech "we fear, hate and loathe," because "the speech we like doesn't need protection."
"Hatred is protected under the Constitution," Napolitano added, explaining that he shares in the "anguish" over what happened in Charleston.
Watch the video above.
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